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HomeMy WebLinkAboutPCC NETWORK SOLUTIONS, A PACIFIC COAST CABLING, INC. CO. 5 -2013�W lR/ IN4V, :: ,; c. ON FILE RII ! IIV PPOC'EED UNTIi.INMNCE EXPIRES l- i -z0IL_ CLERK OF COUNCIL DATE \ 0 —Cr t� AGREEMENT TO PROVIDE CABLING SERVICES THIS AGREEMENT made and entered into this 3rd day of September, 2013 by and between PCC Network Solutions, a Pacific Coast Cabling, Inc. company (hereinafter "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 (hereinafter "City "). RECITALS A. The City desires to retain a contractor having special skill and knowledge in the field of installation cabling services. B. Contractor represents that Contractor is able and willing to provide such services to the City. 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 consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: I. SCOPE OF SERVICES Contractor shall perform those services as set forth in "City's Request for Proposal: Cabling Services for the City of Santa Ana", dated June 6, 2013, incorporated by reference, and Contractor's RFP Response, dated June 26, 2013, attached hereto as Exhibit A. City may request the immediate removal of any Contractor employee not properly conducting himself/herself or performing unsatisfactory work. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum which may be expended under this Agreement shall not exceed $45,000.00, per fiscal year, during the term of this Agreement. TI-1 E CITY MAKES NO GUARANTEE AS TO THE NUMBER OF TIMES CONTRACTOR'S SERVICES WILL BE REQUESTED OR THE TOTAL AMOUNT WHICH WILL BE EXPENDED FOR SUCH SERVICES. b. City will not validate parking. Parking fees shall be the responsibility of Contractor. c. Contractor shall submit monthly invoices with a detailed statement of services performed and the quantity of products /materials provided during the period for which payment is requested. Each invoice shall include 1) the City of Santa Ana Telecommunications Service Request (TSR) number and 2) this Agreement number. d. Payment by City shall be made within thirty (30) days following receipt of proper invoice, 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. e. Invoices shall be mailed to: City of Santa Ana Attn: Carl Marek Telecommunications Services (M -77) P.O. Box 1988 Santa Ana, CA 92702 -1988 3. TERM This Agreement shall commence on the date first written above and terminate on August 31, 2016, unless terminated earlier in accordance with Section 12, below. The Agreement may be renewed for up to three additional one -year periods, on the mutual agreement of the parties. 4. 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, wages, bonuses, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. 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: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insured's provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 combined single limit. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. e. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Contractor shall defend, indemnify and save harmless the City of Santa Ana, its officers, agents and employees from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the negligent operations of the Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of 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 asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises from services provided pursuant to this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. 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 infonnation 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. 8. 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. 9. 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 telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 telefacsimile (714) 647 -6956 With courtesy copies to: Finance and Management Services Agency Telecommunications Coordinator City of Santa Ana 20 Civic Center Plaza (M -77) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647 -6722 and City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647 -6515 To Contractor: 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 telefacsimile, 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. 10. 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 nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. 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. 12. 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 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. 13. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. 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. 15. COMPLIANCE WITH GOVERNMENTAL REQUIREMENTS Contractor shall carry out all services pursuant to this Agreement in substantial conformity with all applicable laws, ordinances, statutes, codes, rules, regulations, orders, and decrees of the United States, the State of California, the County of Orange, the City of Santa Ana, and of any other political subdivision, agency, or instrumentality exercising jurisdiction over the City, including all applicable federal, state, and local occupation, safety and health laws, rules, regulations and standards, applicable state and labor standards, prevailing wage requirements, the City zoning and development standards, City permits and approvals, building, plumbing, mechanical and electrical codes, as they map apply, and all other provisions of the City and its Municipal Code (as they may apply), and all applicable disabled and handicapped access requirements. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: '72' r MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney B r By: �— Jose Sandoval Chief Assistant City Attorney CITY OF SANTA ANA t Carlos Rojas, Acting City Manager VENDOR c Richard J. Ham's Principal /CSO Tax ID# 95 4141989 RFP #13 -032 Request for Proposal Cabling Services for City Of Santa Ana California issued: June 06, 2013 deadline: 4 p.m. June 26, 2013 Key Request for Proposal Dates Issue Date: June 06, 2013 Proposal Due Date: June 26 2013 by4p.m. (see section 5 for details) , Submission to City Council: August, 2013 Selection Notification: August, 2013 Page 2 of 36 Table of Contents 1. GENERAL BACKGROUND AND SCOPE OF SERVICES ............................. ..............................4 1.1 DEFINITIONS ................................................................................................. ..............................4 1.2 OVERVIEW OF EXISTING INFRASTRUCTURE .......................................... ..............................4 1.3 OBJECTIVE .................................................................................................... ..............................5 1.4 SERVICES BEING SOUGHT ......................................................................... ..............................5 2. QUALIFICATIONS .................................................................................. ..............................5 2.1 MINIMUM VENDOR QUALIFICATIONS ........................................................ ..............................5 2.2 SUBMITTALS ................................................................................................ ............................... 6 3. SERVICE - RELATED TERMS AND CONDITIONS .................................. ..............................6 3.1 WORK DOCUMENTATION ............................................................................ ..............................6 3.2 QUALITY ASSURANCE ................................................................................. ..............................7 3.3 PRICE ESCALATION ................................................................................... ............................... 8 3.4 UPGRADED AND NEW TECHNOLOGIES/ TECHNOLOGYADVANCEMENTS ........................9 4. GENERAL TERMS AND CONDITIONS .........................:........................ ..............................9 4.1 AGREEMENT ................................................................................................. ..............................9 4.2 INSURANCE REQUIREMENTS .................................................................... ............................... 9 4.3 PARKING FEES ............................................................................................ ............................... 9 4.4 PROOF OF AUTHORITY .............................................................................. ............................... 9 4.5 TAXES ........................................................................................................... ............................... 9 4.6 WITHDRAWAL OF PROPOSAL .................................................................... ..............................9 4.7 ERRORS AND OMMISIONS ......................................................................... .............................10 4.8 RESERVED RIGHT ....................................................................................... .............................10 5. INSTRUCTIONS TO PROPOSERS ....................................................... .............................10 6. EVALUATION PROCEDURE ................................................................. .............................11 6.1 REVIEW OF REQUESTED SUBMISSION ITEMS ....................................... .............................12 6.2 EVALUATION ................................................................................................ .............................12 6.3 INTERVIEW ................................................................................................... .............................12 6.4 RECOMMENDATION FOR AGREEMENT ................................................... .............................13 6.5 FILING OF PROTESTS ............................................................... .............................13 7. AWARD OF AGREEMENT .................................................................... .............................13 8. ORDERING PROCEDURES .................................................................. .............................13 APPENDICES APPENDIX A Proposal Response Form ............................................................. ............................... 16 APPENDIX B Cabling Services Proposal Form .................................................. ............................... 23 APPENDIXC Draft Agreement ............................................................................ ............................... 25 APPENDIX D Sample Insurance Forms ................................................................ .............................32 APPENDIX E Technical Standards and Operating Procedures For Cabling Services ...................... 36 Page 3 of 36 1. GENERAL BACKGROUND AND SCOPE OF SERVICES 1.1 DEFINITIONS The following words as used in this Request for Proposal (RFP) shall be understood to refer respectively to: Word in RFP Definition "Acceptance" Acceptance is the event in which the City Telecommunications Coordinator accepts and approves the Contractor's services and products as being complete and operating according to engineering and design plans and manufacturer's specifications with labeling and clean -up completed and signed building permits and test records submitted to the City's Telecommunications Coordinator or his /her delegated representative. "City" The City of Santa Ana, California. "Contractor" Means the same and is used interchangeably with the term "Vendor." "Department" The several departments and agencies therein. Telecom The City Telecom Coordinator responsible for the installation and Coordinator maintenance of the CommScope SYSTIMAX Structured Cabling System media and pathways. "Vendor" The agreement is made by said City with the agent or legal representative who may be appointed to represent such person, firm or corporation in the signing and performance of said agreement. "Proposer" I The person, firm or corporation responding to this RFP. 1.2 OVERVIEW OF EXISTING INFRASTRUCTURE The City's existing cabling infrastructure consists of the following: • Numerous optical fiber links (multimode, singlemode, and LazrSPEED) within City Hall and between City Hall and the Central Library. • Category 5e (powersum) and category 6 (gigaspeed) copper cables in horizontal and backbone applications. • The City owns and supports the cable plant at 31 service locations citywide consisting of approximately 8,000 cable drops. • Telephone equipment at the 31 service locations consists of a combination of NEC PBX, key systems and VolP telephones. • A typical voice /data information outlet consists of (1), one -gang, CommScope SYSTIMAX (4) port faceplate (white), two CommScope Category 5e SYSTIMAX Certified data cables (blue) and two CommScope Category 5e SYSTIMAX Certified voice cables (white) for the support of voice /data applications. • Principal buildings in the City's network include: eight floor City Hall with Walker Duct System; 457 bed Santa Ana Jail; four floor Police Headquarters complex consisting of over 550,000 sq.ft. • Ethernet (10Mbps /100Mbps) backbone in City Hall connecting City Hall LANs and computer operating in the Central Computer Center. • Numerous remote connections (infrared lasers, point to point leased lines, and dial -up) to multiple locations throughout the City ranging in bandwidth from T -1 to 56Kbps. Page 4 of 36 The City's cable infrastructure is approximately 90% CommScope SYSTIMAX and is covered by the CommScope SYSTIMAX 20 -year guarantee. The City has adopted the ANSI /EIA/TIA, and NEC standards, as well as BICSI design and installation methods for all materials, installation, testing, configuration and documentation of the City Telecommunications Infrastructure. These guidelines are based upon widely used industry standards such as, but not limited to, EIA/TIA 568, 569, 570, 606A, 607, including all TSB's, and the NEC codes related to Telecommunications Infrastructures. This would include any new or updated standards adopted by the ANSI /EIA/TIA, and new or updated NEC code, as well as any updated or new BICSI design and installation practices. 1.3 OBJECTIVE The City of Santa Ana is seeking a qualified vendor to provide the City with cabling services in support of internal telephone and data services. Maintaining the existing standard for cabling and preserving the City's investment in cabling infrastructure is essential. 1.4 SERVICES BEING SOUGHT 1.4.1 A summary of the expected services required is as follows: • Services to be provided by a CommScope SYSTIMAX Value Added Reseller (VAR) • Providing all required hardware and build out of telecommunications spaces and outlet termination facilities. • Provision and placement, termination, labeling and testing of all low voltage cable media. • Providing optical fiber cabling and associated components. • Providing telecommunications connectivity for all miscellaneous services (elevator telephones, coaxial cabling, TDD equipment, etc.). • Providing blue line and electronic media as -built documentation of cable plant facilities. • Providing backbone connectivity. Work may include pathway surveys, cable tray installations, coring, backboards, and conduits. • Providing printed cable plant media test result documentation. • Provision and installation of all fire - stopping material as required to maintain fire rating of penetrated construction material or conduit pathways. • Cleaning, patching, repairing, and touch -up painting as required. • BICSI CERTIFIED APPRENTICES, INSTALLERS, AND TECHNICIANS ARE PREFERRED. Proposers are encouraged in their proposals to describe the availability of such work staff to perform services for the City. 2. QUALIFICATIONS 2.1 MINIMUM VENDOR QUALIFICATIONS 2.1.1 To qualify to be the selected Vendor and to be retained as the Vendor for cabling services to the City: 2.1.1.1 The Vendor must be and retain active status as a CommScope Page 5 of 36 SYSTIMAX Value Added Reseller (VAR). 2.1.1.2 The Vendor must be certified to install CommScope SYSTIMAX telecommunications cable and to provide warranty- service response. 2.1.1.3 The Vendor must have at least one current customer of similar size and complexity and with similar equipment as that of the City. (Refer to Section 1.2) 2.1.1.4 The Vendor must have five years of experience, within the last five years, in providing telecommunications cable services as sought by the City. (Refer to Section 1.4) 2.1.1.5 The Vendor must possess all permits, licenses and professional credentials necessary to supply the products and perform services as specified in this RFP. 2.1.1.6 Vendor's personnel must conduct themselves in a professional manner when on City premises. This includes adhering to no- smoking ordinances, the drug -free work place policy, not using alcoholic beverages and treating City customers, employees and others courteously. 2.1.1.7 A lead specialist installer, with a thorough understanding of the ANSI /EIA/TIA standards and guidelines, must carry out the voice and data system installation work outlined in this RFP. This installer also must be currently certified in the CommScope SYSTIMAX product line. 2.1.1.8 Non - CommScope SYSTIMAX certified installers may only work on City projects under the direct supervision of a CommScope SYSTIMAX certified lead installer (as noted in section 2.1.1.7) and only so long as they are thoroughly qualified in general CommScope SYSTIMAX installation practices. 2.1.1.9 The Vendor will be required to have a BICSI Registered Communications Distribution Designer (RCDD) available upon request to assist the City in design and engineering of the City's cabling infrastructure. 2.2 SUBMITTALS Prior to finalizing an agreement with the selected Proposer, they must submit proof of active status as an CommScope SYSTIMAX Value Added Reseller (VAR) and that they are certified to install cabling systems per all CommScope SYSTIMAX warranty program requirements. 3. SERVICE - RELATED TERMS AND CONDITIONS 3.1 WORK DOCUMENTATION 3.1.1 Upon request by the Telecommunications Coordinator, the Vendor must be Page 6 of 36 prepared to submit, following completion of a project, in electronic and paper form the following items: 3.1.1.1 General floor plans, including pathway routing of horizontal cabling, locations of Information Outlets and their labels, locations of pull boxes and their label designations. 3.1.1.2 Backbone diagrams, including point of origin and destination, details regarding backbone cable types, and their label designations. 3.1.1.3 Telecommunications Closet, computer room, and telephone room floor plans, including cabling routing within a particular room, and termination points. 3.1.1.4 An elevation detail of cable termination layouts for backboards, racks, or frames, including equipment types, block/panel types, and their label designations. 3.2 QUALITY ASSURANCE 3.2.1 The Vendor will be required to comply with and apply whichever is most stringent, the currently applicable sections of national, state, and local codes, laws, ordinances, rules, and regulations of authorities having jurisdiction, including but not limited to: 3.2.1.1 American Disability Act (ADA). 3.2.1.2 City, County, and State Electrical Codes, and applicable portions of City, State, and local Building Codes. 3.2.1.3 Federal Communications Commission (FCC). 3.2.1.4 National Electric Code (NEC). 3.2.1.5 National Fire Protection Association (NFPA). 3.2.1.6 Occupational Safety and Health Administration (OSHA). 3.2.1.7 Southern California Edison. 3.2.1.8 South Coast Air Quality Management District (SCAQMD). 3.2.1.9 State of California Code of Regulations (CCR). 3.2.1.10 Orange County Fire Authority. 3.2.1.11 City of Santa Ana Telecommunications Standards (set forth by the Telecommunications Coordinator). 3.2.2 The Vendor will be required to comply with current editions of applicable standards Page 7 of 36 including those published by, but not limited to, the following standards organizations: 3.2.2.1 American National Standards Institute (ANSI). 3.2.2.2 American Society for Testing and Materials (ASTM). 3.2.2.3 EIA/TIA, and all associated TSB's. 3.2.2.4 International Organization for Standardization (ISO). 3.2.2.5 International Telegraph and Telephone Consultative Committee (CCITT). 3.2.2.6 Institute of Electrical and Electronics Engineers (IEEE). 3.2.2.7 Insulated Cable Engineers Association (ICEA). 3.2.2.8 National Bureau of Standards (NBS). 3.2.2.9 National Electrical Manufacturers Association (NEMA). 3.2.2.10 Underwriters' Laboratories, Inc. (UL), or an approved equivalent Nationally Recognized Testing Laboratory (NRTL). 3.2.2.11 CommScope SYSTIMAX (SCS) Certified Installer and Installation Specification requirements. 3.2.2 The Vendor must possess the ability to validate the CommScope SYSTIMAX Warranty. 3.2.3 All cabling work must be performed in accordance with the City's standards as determined by the Telecommunications Coordinator and Appendix E "Technical Standards and Operating Procedures for Cabling Services ". 3.2.4 All cabling work must be installed in accordance with the CommScope SYSTIMAX Structured Cabling System Performance Specifications Document, which supports a 20 -year Link Performance Warranty. 3.2.5 The Vendor performing work under this RFP will certify that each installation is standards compliant. 3.3 PRICE ESCALATION 3.3.1 The Vendor may request an increase in their hourly rates prior to any renewal period. The price increase shall be no more than the price increase as that contained in the latest Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI -W). Any increase will be subject to City approval. 3.3.2 Prices may be renegotiated to adjust for manufacturer's changes in materials costs. Page 8 of 36 3.4 UPGRADED AND NEW TECHNOLOGIES / TECHNOLOGY ADVANCEMENTS The City recognizes the rapid evolution in hardware technology. It is the intent of the City to change or upgrade its cabling standard as the CommScope SYSTIMAX standards change. It is expected that the Vendor will propose and provide enhanced cable and products with associated price changes as the new technologies are adopted. Upon mutual agreement of both parties the new cable products shall be incorporated into the agreement when the City adopts updated CommScope SYSTIMAX standards and as new products and technologies become available. 4. GENERAL TERMS AND CONDITIONS 4.1 AGREEMENT Prior to the performance by the Vendor of any work hereunder, the City and the Vendor shall enter into a written agreement, a draft of which is attached as Appendix C. 111�111i]:aI�1 ►��1 Proposers responding to the RFP are strongly advised to review all the terms and conditions contained in the draft agreement. 4.2 INSURANCE REQUIREMENTS Proof of insurance is not required to be submitted with the proposal, but will be required prior to the City's award of the agreement. Proposers should carefully consider the City insurance requirements and the related documentation included in the Draft Agreement [see Appendix C]. • ' " Proposals should be based on full and complete compliance with all parts and directions relating to these insurance requirements. 4.3 PARKING FEES The City will not validate parking. Parking fees are the sole responsibility of the Vendor. 4.4 PROOF OF AUTHORITY If the Proposer is a corporation, formal proof of the authority of the officer signing the Proposer's proposal to bind the corporation must be submitted and will be required prior to the City's award of the agreement. A copy of the corporate resolution or minutes can be adequate proof. A simple letter is not sufficient. 4.5 TAXES Prices proposed shall include all applicable federal, state, local and other taxes — all items separately. 4.6 WITHDRAWAL OF PROPOSAL Any requests to withdraw a proposal must be submitted in writing Page 9 of 36 4.7 ERRORS AND OMMISIONS Proposer shall not be allowed to take advantage of any errors in or omissions in the Request for Proposal. Full instructions will be given if such error or omission is discovered and timely called to the attention of the City. 4.8 RESERVED RIGHT The City reserves the right to reject any and all proposals and any item or items therein, and to waive any non - conformity of proposals with the RFP, whether of a technical or substantive nature, as the interest of the City may require. 5. INSTRUCTIONS TO PROPOSERS Requesting a Copy of the RFP Copies of this RFP may be requested from: • By mail: City of Santa Ana Information Services (M -77) P.O. Box 1988 20 Civic Center Plaza Santa Ana. CA 92702 • By phone: 714- 647 -6957 • By Fax: 714- 647 -6722 (Caution: do not submit proposals via fax) • By email: cmarek @santa - ana.org Where and When to Submit Proposals Proposals shall be prepared and submitted in accordance with the requirements set forth in the RFP. Proposals must be received by the Information Services Division, regardless of delivery method, on or before: 26 June, 2013 @ 4:00 p.m. • Hard Copy Delivery: The Proposer will submit an original and two copies (total of three) of its proposal in a package bearing the firm's name and address and clearly marked as follows: Proposal for Qualified Vendors To Provide Cabling Services for the City of Santa Ana Page 10 of 36 if walked in: if mailed: City of Santa Ana City of Santa Ana Information Services Information Services, M -12 Room B -22 P.O. Box 1988 Basement City Hall Santa Ana, CA 92702 20 Civic Center Plaza Santa Ana, CA 92701 Directions: http:// www. santa- ana .org /ISD /map_to_city_hall.pdf Electronic Mail (email) Delivery: The Proposer may transmit its proposal via email to: Ikel ly(a)sa nta -ana. org Subject: Proposal for Cabling Services Be sure to attach any additional material, documents, etc. to be considered. Facsimile transmission (FAX) delivery is not acceptable. Please note that this is not a bid and therefore there is no formal "bid opening." This is a proposal and as such, the City's proposal procedures apply. Questions Regarding this Request for Proposal (RFP) Requests for information, technical questions, questions regarding this RFP or the process may be directed to: Carl Marek Telecommunications Coordinator Information Services Division phone: 714 - 647 -6957 email: cmarek @ santa - ana.org Address: City of Santa Ana Information Services (M -77) P.O. Box 1988 20 Civic Center Plaza Santa Ana, CA 92702 Attn: Carl Marek Questions regarding this Request for Proposal should be directed only to the person designated above. Do not contact any other City employee or official regarding this RFP 6. EVALUATION PROCEDURE The City's evaluation of proposals will consist of two- phases: 1) a review of requested submission items; and 2) a review of the substantive content of proposals. Page 11 of 36 6.1 REVIEW OF REQUESTED SUBMISSION ITEMS Proposals will be reviewed for completeness. Proposals with missing items may not be considered. Proposer's submission: 6.1.1. Must contain a completed "Proposal Response Form" (Appendix A) or a separate submission with a response to each item included in the "Proposal Response Form." 6.1.2. Should include (where applicable) Proof of authority to bind the corporation as defined in section 4.4. 6.1.3. Include the required proposal with all submission requirements as defined in section 5. 6.1.4. Must have been delivered to the correct place prior to the specified closing date and time (section 5). 6.2 EVALUATION Selection shall be based upon a competitive selection process and not limited to price alone. Proposers must satisfy the City of their ability to perform the services required. In the judgment of the City, any proposal that does not provide adequate evidence that the Proposer has the capabilities to perform the services sought by the City (see Section 1.4) or does not show that it meets the minimum Vendor qualifications (see Section 2.1) will not be further considered. It is not the City's intention to exclude very high bids or to automatically award an agreement to the Proposer of the lowest price for services. The City seeks to get the best balance of service value and price. Based on the information provided in their RFP response, each of the Proposers will be evaluated by a City selection team and will be assigned a point score for each of five evaluation criteria. While evaluation is subjective by its nature, the City selection team will judge each proposal on its merit in only the evaluation criteria areas. The weighted evaluation criteria include: Criteria Max Points Qualifications that exceed the minimum 20 References [key focus: client experience with similar service level complexity] 20 Ability to provide service required 20 Quality Control Methods and Practices 20 Cost 20 Total 100 6.3 INTERVIEW An interview may be required for clarification purposes if so determined by the evaluation team. However, only top rated Proposers will be asked to participate in the interview process. Page 12 of 36 6.4 RECOMMENDATION FOR AGREEMENT The selection recommendation will be based on the accumulated point score for all criteria and any clarifying interviews. Based on the evaluation of the City selection team, a recommendation will be made to the City Council to authorize an agreement between the City and the selected Proposer. 6.5 FILING OF PROTESTS Proposers may file a "protest" with the City's Purchasing Department. In order for a Proposer's protest to be considered valid, the protest must: 6.5.1. Be filed in writing within five (5) business days after the proposal issue date or before 5:00 p.m. of the 5th business day following the posting of Proposal Results /Notice of Intent to Award Contract on the City's website. 6.5.2. Clearly identify the specific irregularity or accusation; 6.5.3. Clearly identify the specific City staff determination or recommendation being protested; 6.5.4. Specify, in detail, the grounds of the protest and the facts supporting the protest; and 6.5.5. Include all relevant, supporting documentation with the protest at time of filing. If the protest does not comply with each of these requirements, it will be rejected as invalid. If the protest is valid, the City's Purchasing Manager, or other designated City staff member, shall review the basis of the protest and all relevant information. The Purchasing Manager will provide a written decision to the protestor within fourteen (14) calendar days. Based on the selection team's recommendation and upon the authorization of the City Council, the City will offer the selected Vendor with an agreement to provide the service described in this RFP. A sample of the draft agreement can be found in Appendix C. 8. ORDERING PROCEDURES 8.1 INITIATING WORK REQUESTS When a need for cabling services arises, the City will contact the Vendor and provide the preliminary details of the work to be performed. 8.2 SERVICES REQUIRING A JOB WALK Page 13 of 36 8.2.1 A job walk will be arranged to allow the Vendor a first hand view of the prospective work site and to provide the opportunity to clarify cabling details. 8.2.2 A job walk will only be held for work that the City's Telecommunications Coordinator or his /her delegated representative has determined will require a substantial amount of design /planning. 8.2.3 When the job walk is completed, the Vendor will provide a cost estimate with time schedule to perform the requested cabling service utilizing the City's Cabling Services Proposal Form. A sample form is located in Appendix B. 8.2.4 Work may proceed only after the City's Telecommunications Coordinator or his /her delegated representative has signed the completed Cabling Services Proposal Form (thereby authorizing the work) and has returned it (via fax, mail, by hand, etc.) back to the Vendor. 8.2.5 If the City considers a Cabling Services Proposal to be out of line with existing industry cost or practices, the City reserves the right to reject the proposal and to have the work performed either by another vendor or by the City itself. 8.3 SERVICES NOT REQUIRING A JOB WALK 8.3.1 When the scope of work calls for the simple addition of several cable drops, a job walk is not necessary and billing can usually be handled on a Time and Material basis — as determined by the City's Telecommunications Coordinator or his /her delegated representative. However, a Cabling Services Proposal Form still needs to be completed by the Vendor and approved by the City's Telecommunications Coordinator or his /her delegated representative. 8.4 CHANGE OF WORK TO BE PERFORMED 8.4.1 If during the performance of approved cabling services it is determined by the Vendor that there will be a substantial increase to the scope of work (and subsequent increase in cost and time schedule) as described in the Cabling Services Proposal Form, work is to immediately stop and is not to continue without the approval of the City's Telecommunications Coordinator or his /her delegated representative in the form of a signed Vendor - provided Change Order Form. 8.5 TAXES All applicable taxes shall be included under the Pricing Plan portion of any the Cabling Services Proposal Form (see Appendix B). 8.6 PAYMENT SCHEDULE The City will pay invoices based on the following schedule: 8.6.1 Material: Upon Acceptance by the City's Telecommunications Coordinator or his /her delegated representative of the completed project as specified in 2.11 of Appendix E "Technical Standards and Operating Procedures for Cabling Services ". Page 14 of 36 8.8.2 Labor: Upon acceptance by the City's Telecommunications Coordinator or his /her delegated representative of the completed project as specified in 2.11 of Appendix E "Technical Standards and Operating Procedures for Cabling Services ". 8.8.3 Other charges: Upon approval of the City's Telecommunications Coordinator or his /her delegated representative. 8.7 TESTING / DOCUMENTATION For Testing and Documentation requirements, refer to Sections 2.10 (Testing and Certification) and 2.11 (Completion) in Appendix E — Technical Standards and Operating Procedures for Cabling Services. 8.8 REWORK/ PROBLEM RESOLUTION Refer to Section 2.3 (Responsibilities of Vendor) in Appendix E — Technical Standards and Operating Procedures for Cabling Services. 8.9 EMERGENCY SERVICE REQUESTS Vendor will make every effort to timely respond to requests for service for situations determined (by the City's Telecommunications Coordinator or his /her delegated representative) to be "an emergency ". 8.10 WARRANTY WORK Vendor will respond to warranty - service requests made by the City's Telecommunications Coordinator or his /her delegated representative as provided and authorized by CommScope in the 20 -year Link Performance Warranty offered for its SYSTIMAX Structured Cabling System. Refer to Section 2.1.1.2 of this RFP. 8.11 CITY RESERVED RIGHT In the event that, after being given the opportunity to quote on and to perform a specific cabling requirement in a reasonable time period the Vendor has not done so, the City reserves the right to seek another certified CommScope SYSTIMAX vendor to perform the task or to perform the work itself under the CommScope SYSTIMAX Self- Maintainer program. Page 15 of 36 APPENDIX A - Proposal Response Form (Fill In this form or submit a separate response which addresses each item.) Proposal for Qualified Vendors to Provide Cabling Services to the City of Santa Ana Name of Proposing Firm: Vendor's Principal Location: Vendor's Location that will service the City: Contact Name for Proposal: Phone Number: Fax Number: email address Please submit answers to the following questions (Note: Proposer may attach additional pages as needed to complete responses.) Short summary description of organization, ownership, and services provided by your firm. 2. Are you currently registered with CommScope SYSTIMAX as a value -added reseller (VAR)? ❑ No ❑ Yes If so, how long your company has been registered as such? [ref: section 2.1.1.11 3. Is your company currently registered as a certified installer of CommScope SYSTIMAX cabling systems? ❑ No ❑ Yes If so, how long has your company been certified? [ref: section 2.1.1.2] Page 16 of 36 APPENDIX A Proposal Response Form (Continued) 4. Describe the most relevant experience in providing cabling services. [ref: section 2.1.1.31 5. Include references for a MAXIMUM of three similar successfully undertaken and completed CommScope SYSTIMAX projects as outlined in this RFP. [ref: section 2.1.1.3] Reference One: Name of Client Location where work was performed Knowledgeable contact Contact's phone number Brief description of type of CommScope SYSTIMAX related work completed (indicate type of systems installed, general quantities and configuration of outlets, etc. Was the project completed on time? ❑ No ❑ Yes Was the project completed within budget? ❑ No ❑ Yes Reference Two: Name of Client Location where work was performed Knowledgeable contact Contact's phone number Brief description of type of CommScope SYSTIMAX related work completed (indicate type of systems installed, general quantities and configuration of outlets, etc. Was the project completed on time? ❑ No ❑ Yes Was the project completed within budget? ❑ No ❑ Yes Reference Three: Name of Client Location where work was performed Knowledgeable contact Contact's phone number Brief description of type of CommScope SYSTIMAX related work completed (indicate type of systems installed, general quantities and configuration of outlets, etc. Was the project completed on time? ❑ No ❑ Yes Was the project completed within budget? ❑ No ❑ Yes 6. Number of years your firm has been in cabling business. [ref: section 2.1.1.4] 7. Of the last five years, how many years was your firm in business of providing telecommunications cable services as sought by the City? [ref: section 2.1.1.41 _ Page 17 of 36 APPENDIX A Proposal Response Form (Continued) 8. What permits, licenses and professional credentials does your company possess to supply the products and perform the services as specified in this RFP? [ref: section 2.1.1.5] 9. How do you ensure that your personnel conduct themselves in a professional manner when on a customer's job site? [ref: section 2.1.1.6] 10. Does your company have certified CommScope SYSTIMAX installers on staff? [ref: section 2.1.1.7] ❑ No ❑ Yes If so, how many? Are they readily available to perform the services outlined in this RFP for the City? ❑ No ❑ Yes Do they have the knowledge, including ANSI /EIA/TIA standards and guidelines, and skills to perform the services outlined in this RFP? ❑ No ❑ Yes 11. Will any non - CommScope SYSTIMAX certified installers always work under the direct supervision of a CommScope SYSTIMAX certified lead installer and always be thoroughly qualified in general CommScope SYSTIMAX installation practices ? [ref: section 2.1.1.8] ❑ No ❑ Yes 12. What training or certification programs do you require for your cable installers? 13. Is your company a BICSI member? 14. Does your company have a Registered Communications Distribution Designer (RCDD) available upon request to assist the City in design and engineering of the City's cabling infrastructure? [ref: section 2.1.1.9] ❑ No ❑ Yes If so, how many? Are they company employee /s? ❑ No ❑ Yes Are they Contractors or other non - employee relationship? ❑ No ❑ Yes Are they readily available to perform the services outlined in this RFP? 15. Will you provide the City with a single contact person? ❑ No ❑ Yes If so, is this contact person a Registered Communications Distribution Designer (RCDD)? ❑ No ❑ Yes Will the single contact person also be the person who will provide the City with Cabling Services Proposals? ❑ No ❑ Yes Page 18 of 36 APPENDIX A Proposal Response Form (Continued) 16. Will there be a backup contact person to provide Cabling Services Proposals to the City? ❑ No ❑ Yes If so, will the backup person be a Registered Communications Distribution Designer (RCDD)? ❑ No ❑ Yes 17. How long will it take to provide the City with a Cabling Services Proposal after a request has been made by the Telecommunications Coordinator or his /her delegated representative? 18. Briefly outline your standard procedures for quality control of work performed. 19. What is your response time if called for service by the City for cable repair calls? For emergency cabling repair calls? 20. Has your firm had a contract terminated for cause within the last 3 years? If so, please explain the circumstances. 21. Has either a customer or a supplier sued your firm in the last 3 years? If so, please explain the circumstances. 22. Do you have comprehensive liability insurance as specified in Section 5 of Appendix C — Draft Agreement? ❑ No ❑ Yes 23. Do you have worker's compensation insurance as specified in Section 5 of Appendix C — Draft Agreement? ❑ No ❑ Yes 24. What are your hourly labor rates for Time and Material work? Page 19 of 36 APPENDIX A Proposal Response Form (Continued) 25. Do you charge different hourly rates for labor depending on qualifications needed for cabling services? If so, please list all rates by employee title. 26. Does your company have a minimum charge on a job? 27. Does your company charge for travel time? 28. What is your mark -up percentage on materials? 29. Please list what your company would charge for the sample materials listed below: CommScope SYSTIMAX 4 pair Non - plenum Category 5e UTP $ cable (price per foot) CommScope SYSIMAX 4 pair Plenum Category 5e UTP cable $ (price per foot) CommScope SYSTIMAX 1100CAT5 24 Port Patch Panel $ (Category 5e) CommScope SYSTIMAX 11 OPA230OFT 110 -type panel system $ CommScope SYSTIMAX M14A Modular Faceplate $ Chatsworth standard equipment rack model #55053 -503 $ 30. In order to obtain a general guideline of pricing for products and services rendered, below are two sample jobs that need to be quoted. Any details not provided shall be clarified using the standards and practices outlined in the RFP document above, or by contacting Carl Marek, Telecommunications Coordinator, at the number listed in the RFP. Please provide a quote for the following sample jobs: Page 20 of 36 APPENDIX A Proposal Response Form (Continued) Sample Job #1: Scope of Work: Provide and install (4) Category 5e cables, at 200 feet each, to the same location in an air return ceiling area. Two cables will be terminated into a contractor - provided 24 -port patch panel on one -side and 8P8C -type Category 5e modules on the station side; the other two cables will be terminated into a contractor - provided 300FT 110 - block assembly and again 8P8C -type Category 5e modules on the station side. Assume a clear path in the ceiling to the patch panel and the station side, utilizing Erico J -hooks in the ceiling for cable pathway support. On the station side, assume there is flex conduit running from a single gang outlet box to the top of the wall, in a stub -out fashion. 1) Provide a breakdown of hours to be billed. 2) Provide a breakdown of cost of materials. 3) Provide details and amounts of any and all other charges that would be billed to the City. 4) Provide approximation of elapsed time to complete work, beginning from authorization to final acceptance. Page 21 of 36 APPENDIX A Proposal Response Form (Concluded) Sample Job #2: Scope of Work: Contractor shall provide and install one (12 /6)- multi -mode / single mode, fiber optic cable running from the basement Equipment Room ERB.2 to the 8t" floor Telecommunications Closet TC8.1. Fiber optic cable will terminate in ERB.2 onto an appropriately configured CommScope SYSTIMAX LGX Fiber Optic Distribution System, using an LST1 U -072/7 shelf with ST -type connectors. In TC8.1, fiber optic cable should terminate onto an appropriately configured CommScope SYSTIMAX Sliding Combination Shelf, using a 600132 One -Unit High type shelf with ST -type connectors. Rack space required exists at both termination points. One, empty 4 -inch conduit exists between ERB.2 and TCB.1 (the Basement Telecommunications Closet that is vertically stacked with the rest of the floors including our destination closet, TC8.1). Contractor shall provide and install (4) one inch, non - plenum, corrugated innerduct from ERB.2 to TCB.1 via existing 4 -inch conduit noted above which is 150 ft in length. At exit point of conduit, transition (1) of (4) installed innerduct to (1) one inch, riser - rated, corrugated innerduct, which will traverse from the basement, stacked Telecommunications Closet, TCB.1, up to TC8.1. Contractor shall provide (1) 4 -inch core hole between TCB.1 and TC1.1. Building Facilities Management has determined that floor is clear of obstruction for 4 -inch core. Core hole shall be sleeved, and fire stopped per local, state, and industry standard codes. 1) Provide a breakdown of hours to be billed. 2) Provide a breakdown of cost of materials. 3) Provide details and amounts of any and all other charges that would be billed to the City. 4) Provide approximation of elapsed time to complete work, beginning from authorization to final acceptance. Page 22 of 36 APPENDIX B Cabling Services Proposal Form Telecommunication Services e City of Santa Ana 20 Civic Center Plaza, M -77 Santa Ana, CA 92701 Services to be performed: (1) Under Agreement Number between City of Santa Ana (the City) and (the Contractor). (2) In accordance with City of Santa Ana "Technical Standards and Operating Procedures For Cabling Services" Statement of Work / Specifications Tasking City TER # Other • Written Request (via letter, fax or email) • Verbal Request (via in person or telecom) City contact: Date received: City Change Notice # Any increase to the scope of work described herein must have the prior approval of the City's Telecommunications Coordinator or delegated representative in the form of a signed Vendor- provided Change Order form. Locations Cabling Services are to be performed at the following locations: Building Address Job Walk Was a Job Walk conducted? ❑ No Contractor's Staff Attending ❑ Yes If so: Telecom Staff Attending Summary of work: Proposed Work Plan Work to be performed Page 23 of 36 APPENDIX B Cabling services Proposal Form(Concluded) Resources required Schedule Actions /support required by the City or other 3rd parties Pricing Plan Assumptions and Caveats Signature Title Priatul Name Date Page 24 of 36 APPENDIX C —Draft Agreement AGREEMENT TO PROVIDE CABLING SERVICES THIS AGREEMENT made and entered into this 1 st day of September, 2013 by and between (hereinafter "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 (hereinafter "City "). RECITALS A. The City desires to retain a contractor having special skill and knowledge in the field of installation cabling services. B. Contractor represents that Contractor is able and willing to provide such services to the City. 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 consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform those services as set forth in "City's Request for Proposal: Cabling Services for the City of Santa Ana ", dated June 06, 2013, incorporated by reference, and Contractor's REP Response, dated June 26, 2013, attached hereto as Exhibit A. City may request the immediate removal of any Contractor employee not properly conducting himself /herself or performing unsatisfactory work. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum which may be expended under this Agreement shall not exceed $45,000.00, per fiscal year, during the term of this Agreement. THE CITY MAKES NO GUARANTEE AS TO THE NUMBER OF TIMES CONTRACTOR'S SERVICES WILL BE REQUESTED OR THE TOTAL AMOUNT WHICH WILL BE EXPENDED FOR SUCH SERVICES. b. City will not validate parking. Parking fees shall be the responsibility of Contractor. c. Contractor shall submit monthly invoices with a detailed statement of services performed and the quantity of products /materials provided during the period for which payment Page 25 of 36 is requested. Each invoice shall include 1) the City of Santa Ana Telecommunications Service Request (TSR) number and 2) this Agreement number. d. Payment by City shall be made within thirty (30) days following receipt of proper invoice, 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. e. Invoices shall be mailed to: City of Santa Ana Attn: Carl Marek Telecommunications Services (M -77) P.O. Box 1988 Santa Ana, CA 92702 -1988 3. TERM This Agreement shall commence on the date first written above and terminate on August 31, 2016, unless terminated earlier in accordance with Section 12, below. The Agreement may be renewed for up to three additional one -year periods, on the mutual agreement of the parties. 4. 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, wages, bonuses, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. 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: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, $2,000,000 in the aggregate. Such insurance shall (a) Page 26 of 36 name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self- insurance programs maintained by the City; and (c) contain standard separation of insured's provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 combined single limit. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. e. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Contractor shall defend, indemnify and save harmless the City of Santa Ana, its officers, agents and employees from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the negligent operations of the Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of 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 asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises from services provided pursuant to this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Page 27 of 36 7. 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. 8. 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. 9. 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 telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 telefacsimile (714) 647 -6956 With courtesy copies to: Finance and Management Services Agency Telecommunications Coordinator City of Santa Ana 20 Civic Center Plaza (M -77) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647 -6722 Page 28 of 36 and City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647 -6515 To Contractor: 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 telefacsimile, 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. 10. 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 nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. 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. Page 29 of 36 12. 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 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. 13. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. 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. 15. COMPLIANCE WITH GOVERNMENTAL REQUIREMENTS Contractor shall carry out all services pursuant to this Agreement in substantial conformity with all applicable laws, ordinances, statutes, codes, rules, regulations, orders, and decrees of the United States, the State of California, the County of Orange, the City of Santa Ana, and of any other political subdivision, agency, or instrumentality exercising jurisdiction over the City, including all applicable federal, state, and local occupation, safety and health laws, rules, regulations and standards, applicable state and labor standards, prevailing wage requirements, the City zoning and development standards, City permits and approvals, building, plumbing, mechanical and electrical codes, as they map apply, and all other provisions of the City and its Municipal Code (as they may apply), and all applicable disabled and handicapped access requirements. Page 30 of 36 16. 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Cleric of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Lisa Storck Assistant City Attorney CITY OF SANTA ANA KEVIN O'ROURKE Interim City Manager VENDOR (NAME) (Title) Tax ID# Page 31 of 36 APPENDIX D - Sample Insurance Forms Sample Additional Insured Endorsement form Page 32 of 36 ADDITIONAL INSURED ENDORSEMENT Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents and volunteers are named as additional insureds ( "additional insureds ") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective this endorsement form as a part of Policy # Issued to Named Insured Countersigned by _ Authorized Representative Page 33 of 36 APPENDIX D Sample Insurance Forms (Continued) Sample Certificate of Liability Form aco,�o CERTIFICA E O, IABIL:ITY INSURANC 6R OATE,MMIDD "YI . ...,RCO -1 11/12/97 PRDGUCea THIS CERTIFICATE IS ISSUE OAS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Insurance Services Group, Inc. HOLDER. THIS CERTIFICATEOOES NOT AMEND, EXTEND OR 204 Cedar Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, Cambridge IM 21613 COMPANIES AFFORDING COVERAGE G. Philip Pe Ldman COMPANY 410 - 228 -6464 1 -NU A Federal Insurance Company INSURED COMPANY a APR CONSULTING, INC. Mr. Darryl Stone COMPANY 22632 Golden Springs Dr. , .{330 Diamond Bar CA 91765 CDMPANY p THIS IS TO CERTIFYTHAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWRHSTANDINO ANY REQUIREMENT, TERM OR CONDITION OF MY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO W HOH THIS CERTIFICATE MAY BE ISSUED CR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBEO HEREIN IS SUBJECT TO ALL THE TERNS, EXCLUSIONS AND CONDITIONS OF SUCH POUCIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Do OR TYPECFINSUR <NCE PaLIOYNEASER POUDYFFFECTIVE DATEIMMO"Y) PoUCYEMPIRATION DATE(MMIDO.) LM11TS GEVEROLUARILIN °ENERALAGGREGATE $2,000,000 A X OOMMERCMLOENERALLIABIUry 3532 -61 -16 CCG 04/01/97 04/01/98 PRCCUCTS- OOMPOPAGG 52 G00 000 CLAIMEAACE X OCCUR PERSONALSADVINJURY S1,000,00G EACH OCCURRENCE 51,000,000 TX—C. CONTRACTOR'S PROT A X Computer Software 3532 -61 -16 04/01/97 04/01/98 FIRE DAMAGE(APy.. MP) $Included 6 Syos ):60 MED E%P 1.1nyDm panml S 10,000 g1,PE0,Dp06Ace, iPOi AUTOm ° MLtt ANAUTO COMBINED SNGLE UNIT S 1,000,000 BODILY INyJRY (PNpeNan) f ALLOWNEDMROS Sg1EWLC- °AIRQS A X X HIREDAUTOS NCWCWNEOAVTOG 3532 -61 -16 CCG 04/01/97 04101/98 RODIIXwNRv (Pwami NJC0 5 PROPERTY DAMAGE S °ARAOEUMILITY AUTOONLY- EAACCIOW $ ANYAUTO OTHER TNN AVID ONLY: EACH ACOOENT S AGGREGATE S EXCESSUA.L." EALHOLCURRENCE F UMERELIA ' AGGREDATE f -- OIHEfl THAN VMBRFLLA FORM EMPLOYERS' LIABILITY AND IMPLOYIM1S'UABILIYY W 3T♦ EL EACH ACCIDENT L THE PARPNE VEXU.CU SILL PAROERSARECUIIVE EL DISEASE. PoLICY LIMIT i ELDISEASE�EAEMPLOYEE S OfflCERSAflE; IXCL OTHER DESCRIPTION OF DFERATIO NSILOCATONSNEHICLEL9PECIAL ITEMS ,:CANCELLATION ... SHOULD ANY OF THE ABOVE DESCRIBED POLICIES S ECANCELLID BEFORE THE CITY OF SANTA ANA, ITS OFFICERS, AGENTS AND EMPLOYEES EXPIRATION DATE THEREDR THE ISSUING COMPANY VRLLRaREAAaRTa MAR 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. P.O. BOX 1988 SANTA ANA. CA 92702 MRHORDED REPRESENTATIVE p G Philip Hel dman P ACORD 238; . , ,„. t,0110 <ORP04AjIpf1;18 Page 34 of 36 APPENDIX D Sample Insurance Forms (Concluded) ,ample WOrKerSi' Vomp rorm STATE P.O. BOX 420807, SAN FRANCISCO, CA 941420807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE NOVEMBER 5, 1997 POLICYNUMBER: 626 -97 UNIT 0000116 CERTIFICATE EXPIRES: F CITY OF SANTA ANA INFORMATION SERVICES M -12 ATTN LYNDA KELLY P 0 BOX 1988 SANTA ANA CA 92702 JOB: VERIFICATION OF INSURANCE L This Is to certify that we have issued a valid Workers' Compensation Insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. _ This policy is not subject to cancellation by the Fund except upon ten days' advance written notice to the employer. We will also give you TEN days' advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an Insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement. term, or condition of any contract or other document with respect to which this certificate of insurance 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. /� Q AUTHORIZEO REPRESENTATIVE PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: 41,000,000 PER OCCURRENCE. EMPLOYER I— APR CONSULTING INC 22632 GOLDEN SPRINGS STE 388 DIAMOND BAR CA 91765 Page 35 of 36 APPENDIX E - Technical Standards and Operating Procedures For Cabling Services Provided as separate document. Page 36 of 36 Technical Standards and Operating Procedures for Cabling Services Telecommunications Services City of Santa Ana June 2013 Appendix E Table of Contents TECHNICAL DOCUMENTATION 1. Products ................................................................................... ..............................3 1.1 General Description of System ........................................... ............................... 3 1.2 Horizontal Work Area Cable ............................................... ............................... 4 1.3 Backbone Cable ................................................................. ............................... 4 1.4 Connectors ......................................................................... ............................... 4 1.5 Work Area Information Outlet Mounting Assemblies ........... ............................... 5 1.6 Patch Panels, Backboards, Punch Blocks .......................... ............................... 5 1.7 Equipment Racks ................................................................ ............................... 7 1.8 Cable Pathway and Support Hardware ............................... ............................... 7 1.9 Voice and Data System Labels ........................................... ............................... 8 1.10 Grounding and Bonding ....................................................... ..............................8 1.11 Fire Stopping ...................................................................... ............................... 9 1.12 Miscellaneous ...................................................................... ..............................9 1.13 Manufacturers ...................................................................... ..............................9 2. Execution ................................................................................ .............................10 2.1 Site Conditions .................................................................. ............................... 10 2.2 Locations .......................................................................... ............................... 10 2.3 Responsibilities of Vendor ................................................ ............................... 10 2.4 Seismic Bracing Requirements ......................................... ............................... 12 2.5 Ladder Rack ..................................................................... ............................... 12 2.6 Equipment Racks .............................................................. ............................... 12 2.7 Patch Panels, Backboards, Punch Blocks ........................ ............................... 12 2.8 Placement of Communications Cable ............................... ............................... 13 2.9 Termination of Communications Cable ............................. ............................... 16 2.10 Testing and Certification ................................................... ............................... 17 2.11 Completion .......................................................................... .............................18 APPENDIX A.1 Optical Fiber Patch Panel Label Example .......................... ............................... 20 A.2 `Behind- the - faceplate' Horizontal Label Example ............. ............................... 21 A.3 Patch Panel Label Example ................................................... .............................22 A.4 110 Backbone and 110 Horizontal Label Example ............ ............................... 23 A.5 Patch Panel to 110 Feed Cable Label Example ................. ............................... 24 Page 2 of 24 1*]1111441 &7_1217 *3x44 i16],!1 1. PRODUCTS 1.1. GENERAL DESCRIPTION OF SYSTEM 1.1.1. Cable plant will be a CommScope SYSTIMAX certified cabling system supporting a 20 -year Link Performance Warranty. All optical fiber and copper cabling installed will comply with the CommScope SYSTIMAX Structured Cabling System Performance Specifications document. 1.1.2. UTP backbone cable plant will consist of both Category 3 and Category 5e twisted pair cable, terminating onto 110 -type blocks. Pair counts will depend upon scope of work for any particular job. Cable will be installed on an as- needed basis and will conform to specific requirements as set out in a case - by -case basis. 1.1.3. Optical fiber backbone cable plant will consist of multi -mode and single - mode fiber optic cable with various strand counts depending upon scope of work for any particular job. Cable will be installed on an as- needed basis and will conform to specific requirements as set out in a case -by -case basis. 1.1.4. Horizontal (work area) cable plant 1.1.4.1.A typical voice /data information outlet will consist of (1), one -gang, Avaya (4) port faceplate (white), two CommScope Category 5e SYSTIMAX Certified data cables (blue) and two CommScope Category 5e SYSTIMAX Certified voice cables (white) for the support of voice /data applications. Exceptions may be made for specifically identified areas. 1.1.4.2.Each cable shall terminate into an 8 position, 8 conductor -type modular jack, configured to EIA/TIA 5688. Data (blue) in the two upper positions of the faceplate, and Voice (white) in the two lower positions of the faceplate. White blank inserts will be installed in unused faceplate ports. 1.1.4.3.Voice cables will be terminated into either existing or newly installed sets of 110 blocks. Termination should be configured for EIA/TIA 568B. The 110 blocks used will be of the 300FT or 900FT variety, dependant upon the scope of a particular project. Where needed, additional wire management troughs, rings, mushrooms, etc. should be installed. 1.1.4.4.Data cables will be terminated into either existing or newly installed proportionately sized CommScope SYSTIMAX patch panels. Page 3 of 24 Terminations should be configured for EIAMA 5688. Chatsworth horizontal and vertical cable management panels may also need to be installed in conjunction with patch panels. 1.1.4.5.Provide only new and recently manufactured materials for City projects. 1.1.4.6.Any defective material or workmanship, as well as damage to existing facilities resulting from the same shall be replaced or repaired at no additional cost to the City. 1.2. HORIZONTAL WORK AREA CABLE 1.2.1. 100 -Ohm UTP cable: 1.2.1.1.Provide all required Avaya 1061 or 2061 (depending upon scope of work), Category 5e, 4 pair, UTP cable. 1.2.1.1.1. Color: 1.2.1.1.1.1.Voice cable: White 1.2.1.1.1.2. Data cable: Blue 1.3. BACKBONE CABLE 1.3.1. Provide CommScope SYSTIMAX multi -pair, UTP, riser rated, plenum rated cable as needed. 1.3.2. Provide CommScope SYSTIMAX non - conductive, riser rated, plenum rated, 900 µm tight buffered, multi -mode or single mode cable as needed. 1.4. CONNECTORS 1.4.1. UTP Work Area Connectors: 1.4.1.1.Data — Provide all required CommScope SYSTIMAX 8 position, 8 conductor Information Outlets to terminate work area end of each Category 5e Blue UTP cable installed. 1.4.1.1.1. Information Outlets provided shall support pin /pair assignment Standard 568B. 1.4.1.1.2. Color: Blue Page 4 of 24 1.4.1.2.Voice — Provide all required CommScope SYSTIMAX 8 position, 8 conductor Information Outlets to terminate work area end of each Category 5e White UTP cable installed. 1.4.1.2.1. Information Outlets provided shall support pin /pair assignment Standard 568B. 1.4.1.2.2. Color: White 1.5. WORK AREA INFORMATION OUTLET MOUNTING ASSEMBLIES 1.5.1. Work Area Outlets: 1.5.1.1.Provide CommScope SYSTIMAX flush -mount Modular Faceplate to house data and voice outlets, capable of housing a minimum of four outlets. The faceplate shall fit over a standard NEMA electrical outlet fitted with a single -gang, plaster ring cover and shall be white in color. 1.5.1.2.Provide CommScope SYSTIMAX Dust Cover /Blanks to be installed in faceplate outlet positions that are not populated with data and voice outlets. Provide them in sufficient quantities to cover all unused openings in every faceplate installed. 1.6. PATCH PANELS, BACKBOARDS, PUNCH BLOCKS 1.6.1. Provide CommScope SYSTIMAX Category 5e certified, 19" rack mount patch panels. Comply with the following: 1.6.1.1.Pin /pair assignment standard for patch panel port/connectors shall be 5688. 1.6.1.2.Maximum port/connector count for any single patch panel supplied shall be 48 ports. 1.6.1.3.Provide cable support assemblies to manage and provide strain relief to termination of work area cable to patch panel ports. 1.6.1.4. Sufficient space for labeling of each individual connector. 1.6.2. Provide all required CommScope SYSTIMAX optical fiber patch panels with all sub - assemblies and components, including splice trays. Comply with the following: 1.6.2.1.Each patch panel and any associated enclosure hardware shall be wall mountable or 19" rack mountable as required by scope of work. Page 5 of 24 1.6.2.2.Patch panel adapters shall be ST -type. 1.6.2.3.Total fiber port capacity will vary depending upon scope of work. 1.6.2.4. Each patch panel shall support ample room for slack storage. 1.6.2.5.Each patch panel shall support both single mode and multi mode fiber terminations. 1.6.2.6.Each patch panel shall be capable of supporting common connector types. 1.6.2.7.Each patch panel shall support different termination methodologies including those that require splicing but be flexible enough to provide only necessary components for the method employed. 1.6.2.8.Each patch panel shall have sub - assemblies or have associated but separate housings that support splice trays and dark fiber storage. 1.6.3. Provide all required CommScope SYSTIMAX 110 -type termination systems and backboards. Comply with the following: 1.6.3.1.Provide all required components of the 110 -type termination system to build an industry- typical cross - connect system. Comply with the following: 1.6.3.1.1. Provide all required 5 -pair connecting blocks. 1.6.3.1.2. Provide all required 4 -pair connecting blocks. 1.6.3.1.3. Provide white label strips for workstation wiring blocks marked every 4 pairs. 1.6.3.1.4. Provide white label strips for backbone wiring blocks marked every 5 pairs. 1.6.3.1.5. Provide transparent label holders. 1.6.3.1.6. Provide 88A2 Retainer clips. 1.6.4. Provide Chatsworth cable management panels for the data system equipment racks. Comply with the following: 1.6.4.1.Vertical panels: CPI MCS Master Cabling Sections — Black in color. Page 6 of 24 1.6.4.1.1. Install sufficient quantities to cover entire side of installed data equipment rack. 1.6.4.2. Horizontal panels: CPI Universal Horizontal Cable Manager — Black in color. 1.6.4.2.1. Double Rack Space: CPI Part # 30130 -719 1.6.4.2.2. Triple Rack Space: CPI Part # 30131 -719 1.6.4.2.3. Seven (7) foot open frame relay rack: 1.6.4.2.3.1.lnstall double -space panels at the top of each installed seven (7) foot data equipment rack and triple -space panels in other locations. 1.6.4.2.4. Twenty -four (24), thirty -six (36), or fourty -eight (48) inch open frame rack: 1.6.4.2.4.1.install double -space panels only. 1.7. EQUIPMENT RACKS 1.7.1. Provide required 7 ft. high, 19" finished aluminum, equipment rack(s) and rack hardware assemblies. Comply with the following: 1.7.1.1.For each rack, provide (2) panel mounted, UL listed, 15 AMP, 110/120 VAC power strips, with circuit breaker, a minimum of six outlets and an 8 ft. power cord with NEMA 5 -15P plug. 1.7.1.2. For each rack, provide rack mounted ground bar. 1.7.1.3. Provide required horizontal and vertical cable management panels. 1.7.1.4.Provide all required earthquake bracing hardware. 1.8. CABLE PATHWAY AND SUPPORT HARDWARE 1.8.1. Provide all riser -rated innerduct for fiber backbone cable installation. 1.8.2. Provide all required trade size 12" and 18" cable rack (ladder rack) to allow for proper routing of horizontal, or backbone cabling. Build out of ladder racks subject to individual project requirements and scope of work. Comply with the following: 1.8.2.1.Finish: Telco Gray Page 7 of 24 1.8.2.2.Provide manufacturer's standard lengths. 1.8.2.3.Provide all manufacturers' fittings and assemblies required for proper installation of ladder rack system. 1.8.3. Provide all required open -top (J- support) cable placement hardware or other easy access hardware, including tie rods and other fittings to properly support work area horizontal cabling for ceiling distribution. Comply with the following: 1.8.3.1. Hardware shall be galvanized steel or other rust resistant material. 1.8.3.2. Supports must be capable of holding project- specific cable amounts, plus 100% growth factor. 1.8.4. Provide all required cable management system components and hardware in order to satisfy an industry- standard installation. 1.8.5. Traditional cable ties /tie wraps will not be accepted in conjunction with any City project. Only Velcro -type fasteners may be used, unless specifically approved / accepted by the Telecommunications Coordinator. 1.9. VOICE AND DATA SYSTEM LABELS 1.9.1. Provide self- adhesive labels for distribution cable, feeder cables, patch panels, termination frames, faceplates, and patch cords. Consult with the Telecommunications Coordinator for numbering scheme. 1.9.2. The City has implemented a standard relative orientation, based on EIA/TIA 606A guidelines. If numbering scheme is not specified in scope of work, consult with the Telecommunications Coordinator. 1.9.3. ALL labeling strips shall be black text on white background. This applies to all areas, including but not limited to faceplates, patch panels, and 110 blocks. All labels shall be machine - produced. Hand written labels will not be acceptable. All labels will be in strict accordance with the City's established numbering scheme. 1.9.4. Refer to included pictures of Information Outlet Faceplates, Patch Panels, and 110 blocks, etc. for acceptable labeling methods. 1.10. GROUNDING AND BONDING 1.10.1. All installed equipment must be grounded and /or bonded in compliance with existing codes related to the grounding and bonding of Page 8 of 24 telecommunications equipment /devices, as outlined in NEC, ANSI, EIA/TIA 607 standards, and BICSI guidelines. 1.10.2. Green #6 AWG copper grounding cable must be used in all grounding and bonding applications. All related hardware should be provided for a safe, proper, and well ordered installation. 1.11. FIRE STOPPING 1.11.1. Provide all fire stop caulking compound and packing material for all installations requiring such as outlined in the aforementioned industry standards. This includes, but is not limited to, communications conduit and /or conduit or sleeve assembly penetrations of fire rated walls and partitions, Telecommunications Closet penetrations and inter -floor backbone cable transfers. Comply with the following: 1.11.1.1. Fire stopping compound characteristics: 1.11.1.2. Putty -like; workable with hands down to 35 °F. 1.11.1.3. Firm up to 300 °F. 1.11.1.4. Remain pliable when exposed to air. 1.11.1.4.1. Adhere to metal, plastic, concrete, and masonry; harmless to hands. 1.11.1.4.2. Seal without causing deterioration of material sealed. 1.11.1.5. Must be UL, or NRTL approved and acceptable to the Project Manager for its intended use. 1.12. MISCELLANEOUS 1.12.1. Provide all required screws, nuts and bolts, inserts, tape, tie wraps (Velcro), labels, other cable management hardware, cable strain relief hardware, rack, frame and equipment mounting hardware, and seismic bracing hardware as necessary to provide a safe, proper, and well ordered installation. 1.13. MANUFACTURERS 1.13.1. CommScope SYSTIMAX cable and connectivity products supporting 20- year Warranty /Application. 1.1.3.2. Equipment racks, cable rack runway (ladder rack): manufacturer/ supplier Page 9 of 24 of choice. 1.13.3. Equipment rack cable management systems: CPI (Chatsworth Products, Inc.). 1.13.4. Open -top, ceiling- distribution, cable - support hardware: manufacturer / supplier of choice. 1.13.5. Cable tray: manufacturer/ supplier of choice. 1.13.6. Fire stop caulking compound: 3M, Tremco, Manville, or equal. 2. EXECUTION 2.1. SITE CONDITIONS 2.1.1. Examine any available drawings and specifications, survey the existing conditions, and include all necessary allowances in the bid proposal. 2.1.2. Resolve all conflicts with code requirements and site conditions. 2.1.3. Verify the locations of all existing utilities prior to installation and protect them from damage. 2.1.4. Pay all costs incurred due to damage of existing utilities or other facilities. 2.2. LOCATIONS 2.2.1. Verify all drawings and other informational document information against field conditions. 2.2.2. When changes in indicated locations or arrangements are necessary due to existing conditions, make such changes at no cost to the City. Provided that change is ordered before installation, that the length of cable runs are not revised by more than ten percent, and change does not require additional cable runs, cable termination hardware, cable management hardware, or racking hardware. 2.2.3. Bring discrepancies between different drawings, between drawings and actual field conditions, or between drawings and specifications, promptly to the attention of the Telecommunications Coordinator for decision, and stop pertinent work subject to resolution of the conflict. 2.3. RESPONSIBILITIES OF VENDOR Page 10 of 24 2.3.1. Include all labor, material, associated tools, test equipment and transportation required for the work to performed safely and satisfactorily. 2.3.2. Provide all work necessary to complete the project safely and satisfactorily, whether or not it is specifically spelled out in the scope of work. 2.3.3. Coordinate your installation work with other trades: 2.3.3.1.Assume responsibility for any cooperative work that must be altered due to lack of proper supervision of failure to make proper provision in time. 2.3.3.2.Perform alterations, based upon parameters specified herein, or based upon industry standards, whichever is to the satisfaction of the Telecommunications Coordinator, and pay all costs. 2.3.4. Resolve code conflicts prior to installation. Remove and replace all work conflicting with codes or, in the Telecommunications Coordinator's opinion, not meeting specified requirements, and pay all costs. 2.3.5. Permits: Obtain permits and inspections, and pay all fees. Deliver all certificates of inspection to the Telecommunications Coordinator. 2.3.6. Guarding: 2.3.6.1.Provide protection for hazardous conditions. 2.3.6.2.Provide industrial accident and warning signs per ANSI and OSHA. 2.3.6.3.Erect and maintain suitable barriers, protective devices, lights, and warning signs for the protection of the public and employees from the work being undertaken. 2.3.6.4.Conform to applicable safety regulations, including those of the Telecommunications Coordinator. 2.3.7. Erection and installation techniques, including structural adequacy and bracing suitable for stability and /or seismic Zone Four conditions. 2.3.8. No changes or additions shall be made to the scope of work of any given project except by written, fully documented, and cost approved change order. If the vendor without an approved change order performs changes or additions, the vendor assumes full responsibility for any consequences of changes or additions so made and must bear all costs associated with said changes or additions. Page 11 of 24 2.4. SEISMIC BRACING REQUIREMENTS 2.4.1. Scope: Brace all communications racking, frames, and systems to withstand lateral and vertical forces that result from earthquake. 2.4.2. Bracing shall meet requirements for area designated by the Uniform Building Code as having a seismic risk Zone Four rating. 2.5. LADDER RACK 2.5.1. Install per scope of work and manufacturer's instructions and specifications. 2.5.2. When "L" brackets are used to support ladder rack clamp ladder rack to "L" brackets. 2.5.3. Support ladder rack at 5 -ft. intervals and within 18 inches of all adjoining sections and end points. 2.5.4. Cut ladder rack square and free of burrs. 2.5.5. Bond together all ladder rack segments and bond entire assembly to approved telecommunications ground using manufacturer's bonding kit and #6 AWG Green copper conductor. 2.6. EQUIPMENT RACKS 2.6.1. Install equipment racks as indicated in the scope of work 2.6.2. Mount racks to floor using the manufacturer instructions and specifications. 2.6.3. Install power outlet strips as specified in the scope of work. 2.6.4. Bond all equipment racks together using manufacturer approved assemblies and bond to an approved telecommunications ground using manufacturer's bonding kit and #6 AWG Green copper conductor. 2.7. PATCH PANELS, BACKBOARDS, PUNCH BLOCKS 2.7.1. Install patch panels, backboards and punch blocks as indicated in the scope of work. 2.7.2. For Category 5e patch panels, install horizontal patch cord management Page 12 of 24 panels and work area cable strain relief support and management assemblies per the scope of work and this section of the specification. Comply with the following: 2.7.2.1. In seven (7) foot open frame relay racks: 2.7.2.1.1. Install triple space horizontal management panels at the top and bottom of a single 48 -port patch panel configuration, unless the patch panel is installed as the first patch panel at the top of the equipment data rack. in this latter case, a double space horizontal panel shall be installed above the patch panel, and a triple space management panel below the patch panel. 2.7.2.2. Twenty -four (24), thirty -six (36), or forty -eight (48) inch open frame rack: 2.7.2.2.1. Install double space panels only. 2.7.2.3.Multiple 48 port patch panel configurations require a top and bottom double or triple space manager with (1) double or triple space manager panel between successive patch panels (whether double or triple panels are used depends on the rack installed into; see note above). 2.8. PLACEMENT OF COMMUNICATIONS CABLE 2.8.1. The installation, termination, and testing methods and practices of all cable media to be installed under the scope of work shall be in strict compliance with ANSI /EIA/TIA 568A and all current TSB's associated with these and other relevant Telecommunications Standards. 2.8.2. Splicing: Splicing or half- tapping of any low voltage copper UTP and /or optical fiber cable media is not permitted. 2.8.3. Install the required cable media to each location as specified in the scope of work. 2.8,4. Follow manufacturer's instructions and specifications on bend radius, pulling tension, pair untwist limits, and tie wrapping. Where there is a conflict between ANSI /EIA/TIA 568A and manufacturer's instructions and specifications, resolve conflict with the Telecommunications Coordinator before proceeding. 2.8.5. For all vertical cable placement, comply with the following: 2.8.5.1. Secure cable when the maximum vertical rise, as specified by the Page 13 of 24 cable manufacturer, is reached or at least every 30 inches. 2.8.5.2. Secure cable at the top of every vertical run. 2.8.5.3. Secure cable using a split mesh grip, which must bear the weight of the cable. 2.8.5.4. Cable may be secured to other structure members but not to other cabling. 2.8.6. If a winch is used to pull cable during cable placement, monitor tension of the cable. Hand pulls do not require monitoring. 2.8.7. Make circuitous pulls by back feeding or center pulling. 2.8.8. Cable media routing. Comply with the following: 2.8.8.1. All communications cable or cable distribution bundles, when not confined to existing conduit or other structured pathways such as cable tray, shall be supported from the structural ceiling using open J- supports or similar technology installed in the ceiling plenum above suspended ceiling. 2.8.8.2. Ceiling cable placement topology shall be, to the degree possible, down main halls and corridors then spurred to the work area outlets. 2.8.8.3. All cable shall be supported within 12 -18 inches on any conduit, cable tray, or ladder rack entrance /exit point and support assemblies shall be placed 48 -60 inches apart alternating measured center to center in order to avoid the potential for harmonics. 2.8.8.4. Support assemblies shall maintain cable at a minimum of 6 inches above the suspended ceiling. At no time is cable to rest on suspended ceiling "T bar supports or tile. 2.8.8.5. Communications cable support assembly system shall remain independent of all other equipment, cable, conduit, or suspended ceiling tile support systems. 2.8.8.6. Confirm clearances of at least 4 ft. from large motors or transformers, 1 ft. from conduits and cables used for high voltage (above 240 VAC single - phase) electrical power distribution and 5 inches from fluorescent lighting. 2.8.8.7. If cables must cross a fluorescent light fixture, crossing shall take place at a right angle to the fixtures longitudinal axis, and clear Page 14 of 24 longitudinal edge of fixture by a minimum of 12 inches before running parallel to fixture's longitudinal axis. 2.8.8.8. Cables egressing from columns, walls, or floor monuments to service the modular furniture raceway systems or other cable housings shall be bundled and placed in split duct from point of egress to modular furniture cable raceway or other housing entrance point. 2.8.8.9. Route cable neatly through raceways, ceilings, telephone rooms, equipment rooms, and control rooms. Provide cable management and strain relief hardware as required to provide a neat and secure cable installation. 2.8.8.10. Service loops: For all backbone copper cable segments, provide 10 ft. (3 meters) of cable slack to both termination end points. For all horizontal copper cable segments, provide 1 ft. (.3 meters) of cable slack at the work area outlet and 10 ft. (3 meters) of cable slack at the Telecommunications Closet. 2.8.9. Optical fiber backbone cable: Optical fiber backbone cable shall be installed in innerduct for full length of all ladder rack, cable tray or conduit segment runs from start of run at equipment rack, cabinet or pull box to end of run segment at pull box or patch panel. When required for strain relief, cable support, or service loops, gaps in innerduct run are allowed to permit optical cable tie off and management. 2.8.9.1. Do not place cable in innerduct through /in pull boxes. Place minimum (2) "Caution: Fiber Optics" labels on exposed cable in pull boxes or gaps used for cable tie off. 2.8.9.2. Service loops: For all optical fiber backbone cable segments, provide 10 ft. (3 meters) of cable slack to both termination end points. 2.8.10. Cable shield bonding and continuity: 2.8.10.1. Bond cable shielding following the manufacturer's guidelines with #6 AWG Green solid copper wire to the nearest approved telecommunications ground at each end of the cable run. 2.8.10.2. Maintain continuity of cable shielding through splices and for entire length of cable run. 2.8.11. Fire stopping: Firestop all communications penetrations of fire barriers. Page 15 of 24 2.8.12. Seal all communication entrance conduits with sealing compound approved for its intended use. 2.8.13. Label cables according to the specifications noted herein and /or as per the instructions given by the Telecommunications Coordinator. Comply with the following: 2.8.13.1. Use non - erasable labels. 2.8.13.2. Labels must be typed or printed. Hand - written labels are not acceptable. 2.8.13.3. Label material shall meet EIA/TIA 606A Standards. 2.9. TERMINATION OF COMMUNICATIONS CABLE 2.9.1. Terminate UTP backbone cable on 110 -type punch blocks per drawings. Punch block termination is industry standard punch down by pair, color code, and pin /pair assignment. 2.9.2. Work area UTP terminations shall comply with ANI /EIA/TIA 568A. Comply with the following: 2.9.2.1. Terminate Category 5e data cables on 8 position, 8 conductor Information Outlet connectors at work area outlet and Telecommunications Closet patch panel ports. Category 5e cable terminations shall comply with the 568B Standard. 2.9.2.2. Terminate Category 5e voice cables on 8 position, 8 conductor Information Outlet connectors at work area outlet. Category 5e cable terminations shall comply with the 568B Standard. Terminate Telecommunications Closet end of Category 5e cable on 110 -type punch blocks. Punch block termination is Industry Standard punch down by pair, color code, and pin /pair assignment. 2.9.3. Label backboards, punch blocks, punch block ports, patch panels, patch panel ports, and Information Outlets according to the specifications noted herein, or as per instructions from the Telecommunications Coordinator. The numbering shall be in accordance to the numbering scheme currently used by the City and comply with the following: 2.9.3.1. Use non - erasable labels. 2.9.3.2. Labels must be typed or printed acceptable. Page 16 of 24 Hand - written labels are not 2.9.3.3. Label material shall meet EIA/TIA 606A Standards. 2.10. TESTING AND CERTIFICATION 2.10.1. Testing personnel shall be competent in and qualified by experience or training for detailed design, installation and testing of telephone, data, and fiber cabling systems. 2.10.2. Provide all required testing instruments and pay all costs for testing and for any resulting repair or replacement. 2.10.3. Fiber pre - installation testing: 2.10.3.1. Confirm fiber cable media supplied is as specified and has no dysfunctional fibers by performing, on reel, OTDR testing before installation of fiber. Prepare a type written report of test results for inclusion in project records. 2.10.4. Provide test record documentation as specified herein. 2.10.5. Upon completion of the project, and as a condition for acceptance, vendor shall do the following: 2.10.5.1. Copper media cables: 2.10.5.1.1. Test all backbone copper pair media cables for opens, shorts, polarity, reversals of pair wires, and correct pin /pair assignment. Provide electronic and /or hard copy of the test results. 2.10.5.1.2. Use a hand held, UTP cable plant tester, such as those manufactured by Microtest Inc., Fluke Inc. or equivalent, which is capable of producing a hard copy, and an electronic copy (via vendor /supplier supplied free viewing software) of test result documentation to test the horizontal work area cable plant. Comply with the following: 2.10.5.1.2.1. The test certification equipment used must at a minimum perform the following tests consistent with parameters defined by TSB -67: 2.10.5.1.2.1.1. Wire Map 2.1.0.5.1.2.1.2. Length 2.1.0.5.1.2.1.3. Attenuation Page 17 of 24 2.10.5.1.2.1.4. Near -end Crosstalk (NEXT) 2.10.5.1.3. Adjust, repair, and /or replace defective material and equipment. 2.10.5.2. Optical fiber media: 2.10.5.2.1. Perform one direction patch panel port to patch panel port light source /power meter attenuation testing on all terminated fibers at both 850nm and 1300nm windows. Test in accordance with ANSI /E IA/TIA- 526 -14. 2.10.5.2.2. Adjust, repair, and /or replace defective material and equipment. 2.10.6. Walk each installation with the Telecommunications Coordinator, and: 2.10.6.1. Correct any noted defects in installation practices or labeling. 2.10.6.2. Adjust, repair, and /or replace defective material and equipment. 2.10.7. Failures detected during the testing shall be duly noted on the schedule, rectified and tested. On the fault being rectified this shall also be noted. These notes shall not be deleted or obliterated. Rectification of all damaged cables shall include replacing damaged cables with new cables in complete runs. In -line cable joints, splices or distribution points will not be acceptable. All damaged cables shall be removed from the site. 2.10.8. Tabulate all test data. Prepare an electronic report covering all testing performed and test results. Provide electronic report and all final test results documentation to the Telecommunications Coordinator and obtain receipt. F1�f�K�ldW1114d II 2.11.1. The work hereunder will not be reviewed for final acceptance until all required labeling, maintenance data, identification, warning signs, as built and test result documentation, and warranty certification documents have been reviewed and approved and final cleaning has been completed. 2.11.2. The cable plant installation will be deemed acceptable when the vendor delivers to the Telecommunications Coordinator the following: 2.11.2.1. Fully installed and properly terminated and labeled UTP copper cable plant that is 99.9999% free of defective copper pairs. 2.11.2.2. Fully installed and properly terminated and labeled fiber optic cable plant which are 99.9999% free of defective fiber links, where a defective link is defined as a link whose tested attenuation exceeds Page 18 of 24 its expected value where expected value is determined by that link's link attenuation equation calculation. The link attenuation equation formula is described in EIA/TIA- 568 -A. 2.11.2.3. One electronic set of cable media final test result documentation. 2.11.2.4. One set (if requested in scope of work) of reviewed and corrected installation drawings /prints. Drawings /prints must be submitted electronically in a format that is compatible with AutoCAD file formats. Page 19 of 24 APPENDIX A.1 — Technical Identification Samples Optical Fiber Patch Panel Label Example Page 20 of 24 APPENDIX A,2 — Technical Identification Samples `Behind- the - faceplate' Horizontal Label Example Page 21 of 24 APPENDIX A.3 — Technical Identification Samples Patch Panel Label Example Label - Patch Panel Horizontal Cable SAMPLE Page 22 of 24 APPENDIX A.4 — Technical Identification Samples 110 Backbone and 110 Horizontal Label Example Label - 110 Block 200 Pair Backbone Cable SAMPLE Label - 110 Block Horizontal Cable SAMPLE Page 23 of 24 O 3001V 3007V 3002V 3003V 3004V 3005V 3006V O 3008V 3009V 3010V 3011V 3012V O CO O O 3019V 3014V 3015V 3016V 3017V 3018V O I 3020V 3021V 3022V 3023V 3024V Lq3013V Label - 110 Block Horizontal Cable SAMPLE Page 23 of 24 APPENDIX A.5 — Technical Identification Samples O ° Lucent 0 ° Patch Panel to 110 Feed Cable Label Example IWIMI0I0I0I0 MLTan LTJLTJLTJ M rM 0 WIMIMIMIMIMI nqp Mwp. M M I M I C ° CB002 ° LABELS FOR 25 PAIR CAT. 5 FEED CABLES Page 24 of 24 MM M M M MM M MMMM MMM NM MM MM IM �. MM M M --- M N M MM MMM MMMM I MM MM M MM M MM MNNM M M M M MI LABELS FOR 25 PAIR CAT. 5 FEED CABLES Page 24 of 24 June 26, 2013 City of Santa Ana Information Services (M -77) PO Box 1985 20 Civic Center Plaza Santa Ana CA 92702 Re: RFP Response for Cabling Services for City of Santa Ana To Wham It May Concern: Thank you for allowing PCC Network Solutions (a Pacific Coast Cabling, Inc. company) the opportunity to respond to your request to provide and Install the communications cabling services for the City of Santa Ana, CA. PCC Network Solutions has read the RFP titled "Cabling Services for City of Santa Ana, CA" in its entirety and will comply with all the specifications. Any exceptions will be located in the Assumptions & Caveats section, where applicable. This letter details some unique qualifications of PCC Network Solutions that would make us an ideal candidate for the City of Santa Ana. 1 feel strongly that there is no Other company that has the same resources and capabilities needed to become a strong partner to City of Santa Ana. PCC Network Solutions is a California, Arizona, and Texas State licensed, bonded, and additlonally insured communications contractor providing network communications solutions for local and wide area network applications since 1985, PCC Network Solutions' corporate office is located in Chatsworth, CA, with additional offices in Anaheim, CA; Tempe, AZ; and Carrollton, TX. We are Ideally located to respond quickly to on -site issues and meetings. Our success is due to our high quality of work, attention to detail, customer service and our performance reputation for completing projects on time, our core solutions We strive to be a consultative business partner; designing, building, and delivering low voltage cabling Infrastructure solutions made up of copper and fiber cabling and connectivity apparatus supporting: > Voice /Data r• Distributed Antenna Systems (DAS) Data Center Build-Out Audio Visual Telecommunication Room /Cable Physical Security Management Wireless e• Access Control Sound Management a• Video Surveillance and access flooring We are proud to bring our clients certified, best -of -breed products from our partners: ADC, CommScope Systimax /Uniprise, Belden, Berk -Tek, Cisco, Corning Cable Systems, Ortronics, and Panduit. Our clients include City of Beverly Hills, City of Newport Beach, Children's Hospital of Los Angeles, County of Riverside, Northrop Grumman, Warner Brothers, Disney and Sempra Energy to name just a few. Organization And although PCC Network Solutions boasts an Impressive list of household name clients, from Fortune SO to start -ups we never grow lackadaisical in our approach to client service. All of our clients — regardless of size — receive the same quality service that has made our clients successful for over 25 E,iGHU years. We have a large group of BICSI trained and registered technicians and RCDDs to assign to your project. We always assign only the highest skilled systems engineers, project managers, foreman, and technicians to each project. How can we do that? We only hire the best. With several full -tine technicians in the field dally, we have a large group of certified technicians to choose from. We are not a slow - moving behemoth, we are quick to respond, flexible and responsive — at all times, for all clients, vendor certifications As a certified Systimax Select Partner Installer we have trained and certified technicians available to perform installation at the City of Santa Ana... We have included current certification documentation, By choosing PCC Network Solutions, you can rest assured your IT infrastructure needs are in good hands — we guarantee it with our Lifetime Warranty covering our workmanship. Beyond our own warranty, we'i e Systimax certified which Includes an extended manufacturer's warranty. We encourage you to visit our website and learn more about how PCC can become a trusted partner! Once again, thank you for the opportunity to respond to your RFP. If you have any questions please do not hesitate to contact me at 714.563.8074 or via e -mall to gamyCtllocdnc.corn. Sincerely, 6;reeg A" Greg Amy, RCDD Project Manager APPENDIX A - Proposal Response Form (Fill in this form or submit a separate response which addresses each item.) Proposal for Qualified Vendors �� to Provide Cabling Services to the City of Santa Ana Name of Proposing Firm: PCC Network Solutions a Pacific Coast Cabling Inc. Co. Vendor's Principal Location: 20717 Prairie Street, Chatsworth CA 91311 Vendor's Location that will service the Clty: 2031 E Cerritos Ave Suite C, Anaheim CA 92806 Contact Name for Proposal: Greo Amv Phone Number. 714.563.8074 Fax Number: 714.9 63.8080 email address gamy@pccinc.com Please submit answers to the following questions (Note: Proposer may attach additional pages as needed to complete responses.) 1. Short summary description of organization, ownership, and services provided by your firm. PCC Network Solutions is a California Corporation privatey owned_ and operated for 27 nears__ Please see attached PCC Profile for additional details. 2. Are you currently registered with CommScope SYSTIMAX as a value -added reseller (VAR)? ❑ No LI Yes If so, how long your company has been registered as such? [ref: section 2,1,111 Is your company currently registered as a certified installer of CommScope SYSTIMAX cabling systems? ❑ No 0 Yes If so, how long has your company been certified? Iree section 2.1.1.21 APPENDIX A Proposal Response Form (Continued) 4. Describe the most relevant experience in providing cabling services. (ref: section 2 1.1.3) PCC has performed maintenance solutions for the City of Santa Ana since 2003. PCC also provides cabling solutions and maintenance for other Cities such as Beverly Hills Long Beach 5. Include references for a MAXIMUM of three similar successfully undertaken and completed CommScope SYSTIMAX projects as outlined in this RFP. fret: section 2.1A sj Reference One: Name of Client City of Beverly Hills Location where work was performed Beverly Hills _ Knowledgeable contact Mr. David Schirmer, Director of IT Contact's phone number 310.285,2581 Brief description of type of CommScope PCC Network Solutions recommended, designed SYSTIMAX related work completed and installed a Category 6 CommScope SYSTIMAX (Indicate type of systems installed, general quantities and Structured Connectivity Solution to over 600 configuration of outlets, etc.) locations at City Hall to support their higher bandwidth requirements. The solution supports proprietary software, general office and a sever - based storage area network for the City's 1,000 employees. The solution also accommodated Extreme NeLworks'10 -Gi abit core switches. Was the project completed on time? ❑ No 2 Yes _ Was the project completed within budget? ❑ No 0 Yes Reference Two: Name of Client _ Santa Barbara Airport _ Location where work was performed Santa Barbara Knowled eable contact Leif Reynolds Contact's phone number 805.692.6020 Brief description of type of CommScope SBA selected a complete CommScope Systimax SYSTIMAX related work completed solution with Corning fiber and CPI racks /cabinets. (indicate type of systems Installed, general quantities and The project consisted of a total of 1300 Cat6 data configuration of outlets, eta) connections, a horizontal copper build out which included both secured and unsecured Cat6 2077, Giga Speed Cat 6 cabling to support airport administration, public and private telephone service, flight information systems, TSA, airline gate services, airport security, baggage control, and wireless services. A CommScope Patch Cable Management System was also installed to provide SBA with the ability to do real -time cable management monitoring. Was theprolect completed on time? _ ❑ No Z Yes Was the project completed within budget? ❑ No 0 Yes Page 2 of 9 APPENDIX A Proposal Response Form (Continued) Name of Client JPMC Location where work was performed_ Various throughout California Knowledgeable contact Kathleen Martinez Contact's phone number 562.858.7205 Brief description of type of CommScope PCC Network Solutions has completed many SYSTIMAX related work completed projects for JPMC, ranging from simple MAC work (indicate type of systems installed, general quantities and to projects valued upwards of $250,000. PCC configuration of outlets, etc.) utilizes the CommScope Systlmax solution, consisting of horizontal and riser cabling, outside plant cabling, fiber optic cabling, and indoor. PCC has completed projects and MAC work for )PMC throughout Northern & Southern CA; including Los Angeles, Newport Beach, El Segundo, Chatsworth, Santa Maria, and Bakersfield. All projects are completed on time and within budget, and where applicable, a complete 20 -year Extended Product and Application Assurance Warranty is provided. Was the project completed on time? ❑ No z Yes Was the project completed within budget? ❑ No 9 Yes Page 3 of 9 APPENDIX A Proposal Response Form (Continued) 6. Number of years your firm has been in cabling business. [ref: section 2.1.1.4] 27 years Of the last five years, how many years was your firm in business of providing telecommunications cable services as sought by the City? [ref: section 2,11.41 5 nears 8. What permits, licenses and professional credentials does your company possess to supply the products and perform the services as specified in this RFP? [ref: section 2.1.1,5] California C7 Contractor License # 534115 BICSI RCDD BICSI OSP BICSI Technicians and BICSI Installers. 9. How do you ensure that your personnel conduct themselves in a professional manner when on a customer's job site? [ref: section 2.1.1.61 10. Does your company have certified CommScope SYSTIMAX installers on staff? [ref: section 2.1.1.7] ❑ No R1 Yes If so, how many? 15+ Are they readily available to perform the services outlined in this RFP for the City? ❑ No M Yes Do they have the knowledge, including ANSI /EIA /TIA standards and guidelines, and skills to perform the services outlined in this RFP? ❑ No ❑ Yes 11. Will any non - CommScope SYSTIMAX certified installers always work under the direct supervision of a CommScope SYSTIMAX certified lead installer and always be thoroughly qualified in general CommScope SYSTIMAX installation practices? [ref. section 2.1.1.51 LI No ❑ Yes 12. What training or certification programs do you require for your cable installers? Certification information sheet. 13. Is your company a BICSI member? 14. Does your company have a Registered Communications Distribution Designer (RCDD) available upon request to assist the City in design and engineering of the City's cabling infrastructure? [ref: section 2.1.1.91 ❑ No 0 Yes If so, how many? 3 Are they company employee /s? ❑ No 0 Yes Are they Contractors or other non - employee relationship? [a No U Yes Are they readily available to perform the services outlined in this RFP? Page 4 of 9 APPENDIX A Proposal Response Form (Continued) 15. Will you provide the City with a single contact person? ❑ No 21 Yes If so, is this contact person a Registered Communications Distribution Designer (RCDD)? ❑ No E Yes Will the single contact person also be the person who will provide the City with Cabling Services Proposals? ❑ No Z Yes 16. Will there be a backup contact person to provide Cabling Services Proposals to the City? ❑ No 0 Yes If so, will the backup person be a Registered Communications Distribution Designer (RCDD)? ❑ No Cv1 Yes 17. How long will it take to provide the City with a Cabling Services Proposal after a request has been made by the Telecommunications Coordinator or his /her delegated representative? Depending upon the urgency, size and com Ip exityof the request a response could be immediate. Typical response time is 48 hours. 18. Briefly outline your standard procedures for quality control of work performed. Please see attached QA /QC documents. 19. What is your response time if called for service by the City for cable repair calls? For emergency cabling repair calls? Standard as shown but will accommodate the City's hours. Non - emergency 0 -48 hours,_ Emergency 0 -2 hours. 20. Has your firm had a contract terminated for cause within the last 3 years? If so, please explain the circumstances. 21. Has either a customer or a supplier sued your firm in the last 3 years? If so, please explain the circumstances. 22. Do you have comprehensive liability insurance as specified in Section 5 of Appendix C — Draft. Agreement? ❑ No C1 Yes 23. Do you have worker's compensation insurance as specified in Section 5 of Appendix C — Draft Agreement? ❑ No C Yes Page 5 of 9 24. What are your hourly labor rates for Time and Material work? 25. Do you charge different hourly rates for labor depending on qualifications needed for cabling services? If so, please list all rates by employee title. Yes. Foreman s $60,95 Lead Technician - $50.40 Technician - $37.51 26. Does your company have a minimum charge on a job? 27. Does your company charge for travel time? 28. What is your mark -up percentage on materials? 29. Please list what your company would charge for the sample materials listed below: CommScope SYSTIMAX 4 pair Non - plenum Category 5e UTP $ 0.169 / $0.182 w/ tax cable (price per foot) CommScope SYSIMAX 4 pair Plenum Category 5e UTP cable $ 0.305/ $0.330 w/ tax (price per foot) CommScope SYSTIMAX 1100CAT5 24 Port Patch Panel $ 150.544 / $162.588 w/ tax (Category 5e) CommScope SYSTIMAX 11OPA250OFT 110 -type panel system* 237.922 / 256.956 w/ tax CommScope SYSTIMAX M14A Modular Faceplate X1.466/$1,572w/tax Chatsworth standard equipment rack model #55053 -503 Ri133.611;4 144.336 w/ tax "Note: this product is being discontinued, standard 300 pr. 110 block with G5 term, would cosC_'.n 40.5 41 843.788 w/ to 30. In order, to obtain a general guideline of pricing for products and services rendered, below are two sample jobs that need to be quoted. Any details not provided shall be clarified using the standards and practices outlined in the RFP document above, or by contacting Carl Marek, Telecommunications Coordinator, at the number listed in the RFP. Please provide a quote for the following sample jobs: Page 6 of 9 APPENDIX A Proposal Response Form (continued) Sample Job #1: Scope of Work: Provide and install (4) Category 5e cables, at 200 feet each, to the same location in an air return ceiling area. Two cables will be terminated into a contractor - provided 24 -port patch panel on one -side and 8P8C -type Category 5e modules on the station side; the other two cables will be terminated into a contractor- provided 300FT 110 - block assembly and again 8P8C -type Category 5e modules on the station side. Assume a clear path in the ceiling to the patch panel and the station side, utilizing Erico J -hooks in the ceiling for cable pathway support. On the station side, assume there is flex conduit running from a single gang outlet box to the top of the wall, in a stub -out fashion. 1) Provide a breakdown of hours to be billed. Place Cable including J -hook cable supports - 11.21 Hours Terminate Work Station and IDF - 1.04 Hours Install Panels Blocks Test and Label at IDF End 1.25 Hours Total 13.5 Hours 2) Provide a breakdown of cost of materials. 2061 Plenum Cat 5e Cable: $244.36 Cable supports including j -hooks & support rod $131.81 (based on 125 of cable sunuort Termination and Labeling, Includes jacks, patch panel, 110 block & labels: $224.19 Sales Tax: 1,18_03 3) Provide details and amounts of any and all other charges that would be billed to the City. Total Labor and Material X1,319.51 4) Provide approximation of elapsed time to complete work, beginning from authorization to final acceptance. 5 business days Page 7 of 9 APPENDIX A Proposal Response Form (Concluded) Sample Job #2: Scope of Work: Contractor shall provide and install one (12/6) -multi -mode / single mode, fiber optic cable running from the basement Equipment Room ERB.2 to the 8th floor Telecommunications Closet TC8.1. Fiber optic cable will terminate in ERB.2 onto an appropriately configured CommScope SYSTIMAX LGX Fiber Optic Distribution System, using an LST1 U -072/7 shelf with ST -type connectors. In TC8.1, fiber optic cable should terminate onto an appropriately configured CommScope SYSTIMAX Sliding Combination Shelf, using a 600132 One -Unit High type shelf with ST -type connectors. Rack space required exists at both termination points. One, empty 4 -inch conduit exists between ERB.2 and TCB.1 (the Basement Telecommunications Closet that is vertically stacked with the rest of the floors including our destination closet, TC8.1). Contractor shall provide and install (4) one inch, non - plenum, corrugated innerduct from ERB.2 to TCB.1 via existing 4 -inch conduit noted above which is 150 ft in length. At exit point of conduit, transition (1) of (4) installed innerduct to (1) one inch, riser - rated, corrugated innerduct, which will traverse from the basement, stacked Telecommunications Closet, TCB.1, up to TC8.1. Contractor shall provide (1) 4 -inch core hole between TCB.1 and TC1.1. Building Facilities Management has determined that floor is clear of obstruction for 4 -inch core. Core hole shall be sleeved, and fire stopped per local, state, and industry standard codes. 1) Provide a breakdown of hours to be billed. Innerduct and Fiber optic Cable Placement — 24 hours Lout and Sleeve for one core fire stop riser — 10.3 hours Terminate, Install Housings. Testing and Labeling — 15,7 hours Total -- 50 Hours 2) Provide a breakdown of cost of materials. • 400' Fiber optic cable 12/6 f12- strand 50un mm / 6- strand single- mode: $689.60 Note: Minimum purchase of composite fiber optic cable is 1640' • 1240' Fiber optic cable 12/6 f12- strand 50um mm ( 5- strand single -mode for stock: $2,137.66 • 800' Riser Rated Innerduct based on (4) runs x 150' plusU run of 200' to rout riser from TC8.1 up to TC8.1 $547.02 • Termination Material: $1,331.92 • Sleeve and Fire Stop Material: $369.2.8 • Total Material: $5,075.78 • Sales Tax: 406 -05 3) Provide details and amounts of any and all other charges that would be billed to the City. Sub - contract for concrete coring services $1,233.33 TOTAL Cost of Project including Labor, Materials and sub - contract: $9,200.11 4) Provide approximation of elapsed time to complete work, beginning from authorization Page 8 of 9 to final acceptance. 10 business days Page 9 of 9 '``EP'2° CERTIFICATE OF LIABILITY INSURANCE DATBIMM ODIYYYY) 4Irr"'� 5/6/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER - -' TWIN Insurance Services LLC - #OE52073 196 S. Fir Street PO BOX 1388 Ventura CA 93002 -1388 NANE:C Araceli Flores, AIS, AINS PH�N o (805) 585 -6113 A)C NO: (805) 585-6213 .adelarosa @twiw.a m INSURERS AFFORDING COVERAGE NAICI INSURERA;Hart£ord Casualty 9424 INSURED Pacific Coast Cabling, Inc. DEA: PCC Network Solutions 20717 Prairie street Chatsworth' CA 91311 INSURERB:Twin City Fire Ins Co. 29459 INSURER C: INSURER D: INSURER E: EACH OCCURRENCE INSURERF: 1Se9VR;f1l" M a -.411 M IMel 11a0 11111 l:l *'.M*P i[W "IFi4.WAN)I':n4 1yT11-9ra13113 I ILri INy-� 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, LTRR TYPE OF IN SURANCE POLICY NUMBER MMIODIYYEYYV MMIODYYY�YPY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCULL GENERAL LIABILITY PREMISES( ..counrag an I $ 300,000 A CLAIMS-MADEFZ OCCUR 72DUN,7HO752 /1/2013 1/112014 MED EXP(Any one person) $ 10,000 PERSONAL &ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP /OP AGG $ 2,000,000 POLICY X PRO- JEcT X LOG - $ AUTOMOBILE LIABILITY . Ee accident)L 11000,000 A R ANY AUTO - BODILY INJURY (Per pmeun) $ ALL OWNED SCHEDULED AUTOS. AUTOS 2UUNJH0752 /1/2013 /1/2014 BODILY INJURY (Per accident) $ HIRED AUTOS(' NON -0YvNED AUTOS PROPERTY DAMAGE Per ncmde $ Underinsured motorist $ ' X .UMBRELLA LIAB X OCCUR - EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 A EXCESSUAB CLAIMS-MADE - DED I X I RETENTION$ .10,000 $ 172RHUJH1103 /1/2013 1/1/2014' B WORKERS COMPENSATION - X VVC STATU- OTH- TORY I Imn-8 ER AND EMPLOYERS' LIABILITY YIN E.L. EACH ACCIDENT - $ 1,000,000 ANY PROPRIETORIPARTNERIEXECUTIVE - OFFICERIMEMBER EXCLUDED? (Mandatory In NHl' NIA 72WEZQ8250 /1/2013 /1/2014 E.L. DISEASE - EA EMPLOYE $ I­000,000 Ifeyas describe under DESSRIPTION OF OPERATIONS below E.L. DISEASE- POLICY LIMIT $ 11000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more apace Is requiredl GL: The City.o£ Santa Ana, its officers, employees, agents, volunteers and representatives are Additional Insured as respects to operations of the Named Insured per attached HG0001 0605. This insurance is primary and non - contributory to any other insurance held by Additional Insured per attached HG0001 0605. A Waiver of Subrogation is added per attached HG0001 0605. Attached enorsements apply only as required by written contract during the policy term. APPROVED AS TO FORM cmarek@santa-ana.org � SSBTORCK OBEFORE I SHOULD ANY OF THE ABOVEDESCRIB �pc THE EXPIRATION DATE THEREC�S%1312 lM U VERED IN City of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Insurance Services Division M -12 20 Civic Center Plaza AUTHORIZEDREPRESENTATIVE Santa Ana, CA 92701 R Toohey, CISC /ARACEF ACORD 25 (2010105) O 1988 -2010 ACORD CORPORATION. All rights reserved. INS025 (2ni0 Tot The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read (2) The "bodily injury" or "property damage" occurs the entire policy carefully to determine rights, duties and during the policy period; and what is and is not covered. (3) Prior to the policy period, no Insured listed Throughout this policy the words "you" and "your" refer to under Paragraph 1. of Section II - Who Is An the Named Insured shown in the Declarations, and any Insured and no "employee" authorized by you to other person or organization qualifying as a Named give or receive notice of an "occurrence" or Insured under this policy. The words "we ", "us" and "our" claim, knew that the "bodily Injury" or "property refer to the stock insurance company member of The damage" had occurred, in whole or in part. If Hartford providing this insurance. such a listed insured or authorized "employee" The word "insured" means any person or organization knew, prior to the policy period, that the "bodily qualifying as such under Section II —Who Is An Insured. Injury" or "property damage" occurred, then any continuation, change or resumption of such Other words and phrases that appear in quotation marks "bodily injury" or "property damage" during or have special meaning. Refer to Section — Definitions. after the policy period will be deemed to have SECTION I - COVERAGES been known prior to the policy period. ' COVERAGE A BODILY INJURY AND PROPERTY c. "Bodily injury" or "property damage" will be deemed DAMAGE LIABILITY to have been known to have occurred at the 1. Insuring Agreement r,- earliest time when any insured listed under Paragraph 1. of Section ll — Who Is An Insured or a. We will pay those sums that the insured becomes . any employee" authorized by you t give or legally obligated to pay as damages because of r eceive notice of an "occurrencee" " or claim: ; "bodily injury' damage" to which this insurance applies. We will have the right and duty applies. a will (1) Reports all, or any part, of the "bodily injury" or to defend the Insured against any "suit" seeking "property damage" to us or any other insurer; those damages. However, we will have no duty to (2) Receives a written or verbal demand or claim defend the Insured against any "suit" seeking for damages because of the "bodily Injury" or damages for "bodily injury" or "property damage" to "property damage "; or which this Insurance does not apply. We may, at (3) Becomes aware by any other means that our discretion, investigate any 'occurrence" and "bodily injury" or "property damage" has settle any claim or "sult" that may result. But; : occurred or has begun to occur. (1) The amount we will pay for damages is limited d. Damages because of "bodily injury" Include as described in .Section III — Limits Of damages claimed by any person or organization for Insurance; and care, loss of services or death resulting at any time (2) Our right and duty to defend ends when we from the "bodily injury". have used up the applicable limit of insurance In e. Incidental Medical Malpractice the payment of judgments or settlements under Coverages A or B or medical expenses under (1) "Bodily injury" arising out of the rendering of or Coverage C. failure to render professional health care services as a physician, dentist, nurse, No other obligation or liability to pay sums or emergency" medical technician or paramedic perform acts or services is covered unless explicitly shall be deemed to be caused by an provided for under Supplementary Payments - ^occurrence", but only if: Coverages A and B. (a) The physician, dentist, nurse, emergency b. This insurance applies to "bodily injury" and medical technician or paramedic is "property damage" only if: employed by you to provide such services; (1) The "bodily injury" or "property damage" is and caused by, an "occurrence" that takes place in (b) You are not engaged in the business or the "coverage; territory"; occupation of providing such services. HG 00 0106 05 Page 1 of 18 © 2005 The Hartford (Includes copyrighted material of Insurance Services Office, Inc, with its permission.) (2) For the purpose of determining the limits of Insurance for incidental medical malpractice, any act or omisslon together with all related acts or omissions in the furnishing of these services to any one person will be considered one "occurrence ". 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 parry 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 parry 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 unifier the legal drinking age or under the influence of alcohol; or (3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies only if you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. Page 2 of 18 d. Workers' Compensation And Similar Laws Any obligation of the insured' under a workers' compensation, disability benefits or unemployment compensation law or any similar law. e. Employer's Liability "Bodily Injury" to: (1) An "employee" of the insured arising out of and In the course of: (a) Employment by the insured; or (b) Performing duties related to the conduct of the Insured's business; or (2) The spouse,, child, parent, brother or sister of that - "employee as a. consequence of Paragraph(1)above. This exclusion applies: (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 frorn 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: (1) "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 ( ;APPROVED AS TO FORT — ur_ nn 01 0605 LISA E. STORCK Assistant City Attorney f -1k 4- //-� (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; (a) Which are or were at any time transported, handled, stored, treated, disposed of, or processed as waste by or for: (1) Any insured; or (11) 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 (1) "Bodily .injury" or "property damage" arising out of the escape of fuels, lubricants or, other operating fluids which are needed to perform the normal electrical, hydraulic or mechanical functions necessary for the operation of "mobile equipment" or its parts, if such fuels, lubricants or other operating fluids escape from a vehicle' part designed to hold, store or receive them. This exception does not apply if the "bodily Injury" or "property damage" arises out of the intentional discharge, dispersal or release of the fuels; lubricants or other operating ° fluids; or if such fuels, lubricants or other operating fluids are brought on or to the premises, site or location with the intent that they be discharged, dispersed or released as part of the operations being performed by such insured, contractor or subcontractor; (II) "Bodily injury" or - "property damage" sustained within a building and caused by the release of gases, fumes or vapors from materials brought into that building In connection with operations being performed by you or on your behalf by a contractor or subcontractor; or (iii) "Bodily' injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire "; or (e) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any - insured's behalf are performing operations if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants (2) Any loss, cost or expense arising out of any: (a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up; remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, 'pollutants'; or "' (b) Claim or suit by or on behalf of a governmental, , authority for damages because of testing for; monitoring; cleaning up, removing; containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants ". However, this paragraph does not apply to liability for damages because ,of "property damage" that the Insured would have in the absence of such request, demand, order or statutory or ;;regulatory , requirement, or such claim or "suit" by or on behalf of a governmental authority. g. Aircraft, Auto Or Watercraft "Bodily injury" or "property damage" arising out of the ownership; maintenance; use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any Insured. Use Includes operation and "loading or unloading". This exclusion applies even > if the claims against any insured allege' negligence or. other: wrongdoing in the supervision, hiring, employment, training or monitoring of others by that Insured, If the 'occurrence" which caused the "bodily injury" or "property damage" „<involved :the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft that is owned or operated by or rented or loaned to any Insured. This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used to carry persons for a charge;, (3) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured; HG 00 01 06 05 Page 3 of 16 (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 the operation of any of the 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; ` (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, 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 oftheinsured; (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 7 or fewer consecutive days. A separate limit of Insurance applies to Damage To Premises Rented To You as described in Section III - Limits Of Insurance. 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 " P roperty damage" included in the "products - completed operations hazard k. Damage To Your Product' "Property damage" to "your product' arising out of it or any part of it. I. Damage To Your Work "Property damage" to "your work" arising out of it or any part of it and Included in the "products - completed operations hazard ". This exclusion does not apply if the damaged work or the workout 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. Page 4 of 18 HG 00 01 06 05 n. Recall Of Products, Work Or Impaired Property Damages claimed for any loss; cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of (1) "Your product ", (2) "Your work"; or (3) "Impaired property "; if such product, work; or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition In it. o. Personal And Advertising Injury "Bodily • injury" arising out of "personal and advertising injury". p. Electronic Data Damages arising out of the loss of; loss of use of, damage to; corruption of, inability' to access, or inability to manipulate electronic data. 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. cl. 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 "empioyment- r elated 'practices" are directed. ` 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. 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 ". 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 sum's that the insured becomes legally obligated to pay as damages because of "personal and advertising injury" to which this insurance applies. We will have the right and duty to defend the insured against any "sult" 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 111 ' - Limits Of .Insurance; and (2) ` Our right and duty to defend end when we have used up the applicable' limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless' explicitly provided for under Supplementary Payments — Coverages A and B. b. This insurance applies to "personal and advertising Injury" caused by an offense arising out of your business but only if the offense was committed In the "coverage territory" during the policy period. HG 00 0106 05 Page 5 of 18 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 of material; if done by or at the direction of the Insured with knowledge of its falsity. c. Material Published Prior To Polley Period "Personal and advertising injury" arising out of oral, written or electronic publication 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 y "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. 1. infringement Of Intellectual Property Rights "Personal and advertising injury" arising out of any violation of any intellectual property rights such as copyright, patent, trademark, trade name, trade secret, service mark or other designation of origin or authenticity. However, this exclusion does not apply to infringement, in your "advertisement ", of: (1) Copyright; (2) Slogan, unless the slogan is also a trademark, trade name, service mark or other designation of origin or authenticity; or (3) Title of any literary or artistic work. 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. 17,a., b. and c. of "personal and advertising injury" under the Definitions Section. For the purposes of this exclusion, placing an "advertisement" for or linking to others on your web site, by itself, is not considered the business of advertising, broadcasting, publishing ortelecasting. k. Electronic Chatrooms Or Bulletin Boards "Personal and advertising injury" arising out of an electronic chatroom or bulletin board the insured hosts,, owns, or over which the insured exercises control. I. Unauthorized Use Of Another's Name Or Product "Persona( 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 anytime. 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 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 ". Page 6 of 18 HG 00 0106 05 o. War t2 "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. 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 dispiayed within a frame or border on Your web site; or 1 ` (4) Computer code, software or programming used to enable: (al Yourwebsite;'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 vioiation of'a, pemows'right of privacy created by any state orfederal 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 Antl -Trust law "Personal and advertising Injury" adsing,,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: ` It. Discrimination Or Humiliation "Personal and advertising < injury" arising out of discrimination or humiliation committed by or at the direction of any "executive officer", director, stockholder, partner or member of the insured. u. Employment - Related Practices "Persona] and advertising Injury" to: ' (1) A person arising out of any "employment— related practices'; or (2) The spouse, child, parent, brother or sister of that person as a consequence of "personal and advertising injury" to that person at whom any "employment- related practices" are directed. This exclusion applies:` (1) Whether the 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. 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 ". 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. HG 00 0106 05 Page 7 of 18 b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for: (1) First aid administered at the time of an accident; (2) Necessary medical, surgical, x -ray and dental services, Including prosthetic devices; and (3) Necessary ambulance, hospital, professional nursing and funeral services. 2. Exclusions We will not pay expenses for "bodily Injury": a. Any Insured To any insured, except "volunteer workers ". b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers Compensation And Similar Laws To a person, whether or not an "employee" of any Insured, if benefits for the "bodily injury" are payable or must be provided under a workers' compensation or disability benefits law or a similar law. e. Athletics Activities To a person Injured while practicing, instructing or participating in any physical exercises or games, sports, or athletic contests. . f. Products - Completed Operations Hazard Included within the "products - completed ,operations hazard g. Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS -'° COVERAGES AANDS ' 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. l6. 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 costs taxed against the insured in the "suit'. f, Prejudgment Interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable li mit of Insurance, we will not pay any prejudgment Interest based on that period of time after the offer. g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of Insurance: These. payments will not reduce the limits of insurance. 2. If we defend an insured against a . "suit" and an indemnitee of the insured Is also named as a party to the "suit we will defend that Indemnitee If all of the following conditions are met: a. The "suit" against the Indemnitee. seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an "Insured contract;; b. This insurance applies to such liability assumed by the insured; c. The obligation to defend, or the cost of the defense of, that indemnitee; has also been assumed by the insured in the same "insured contract "; d. The allegations in the "suit" and the information we know about the "occurrence" are such that no conflict appears to exist between the interests of the Insured and the Interests of the indemnitee; e. The `indemnitee and the insured ask us to conduct and control the defense of that Indemnitee against such "suit' and agree that we can assign the same counsel to defend the Insured and the Indemnitee; and f. The indemnitee: (1) Agrees in writing to: (a) Cooperate with us in : the investigation, settlement or defense of the , "suit"; (b) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the "suit"; (c) Notify any other insurer whose coverage Is available to the Indemnitee; and (d) Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and (2) Provides us with written authorization to: (a) Obtain records and other information related to the "suit% and (b) Conduct and control the defense of the indemnitee in such "suit ". So long as the above conditions are met, attorneys' fees incurred by us in the defense of that indemnitee, Page 8 of 18 HG 00 01 06 05 necessary litigation expenses incurred by us and However; none of these "employees" or "volunteer necessary litigation expenses incurred by the workers" are insureds for: indemnitee at our request will be paid as (1) "Bodily injury" or "personal and advertising Supplementary Payments. Notwithstanding the injury": provisions of Paragraph, 2.b.(2) of Section I - (a} To you, to your partners or members (if you Coverage A - Bodily Injury And Property Damage are a partnership or joint venture), to your Liability, such payments will not be deemed to be members (if you are a limited liability damages for "bodily injury" and "property damage" and company), to a co "employee" while in the will not reduce the limits of insurance. course of his or her employment or our obligation to defend an insured's indemnitee and performing duties related to the conduct of to pay for attorneys' fees and necessary litigation your business, or to your other "volunteer expenses as Supplementary Payments ends when: workers" while performing duties related to a. We have used up the applicable' limit of insurance the conduct of your business; In the payment of judgments or settlements; or (p) To the spouse, child, parent, brother or sister b. The conditions set forth above, or the terms of the of that co- "employee" or that "volunteer agreement described in Paragraph f. above, are no worker" as a consequence of Paragraph longer met. (1)(a) above; SECTION II - WkO IS AN INSURED (c) For which ° there is_ any obligation to share 1. If you are designated In the Declarations as: damages with or repay someone else who must pay damages because of, the a. An individual, you and your spouse are insureds, described In Paragraphs (1)(a) or (b) above but only with respect to the conduct of a business or of which you are the sole owner. (d} Arising out his or her providing r failing to b. A partnership or joint venture, you are an insured. J provide professional health care services. Your members, your partners, and their spouses If you are not in the business of providing are also insureds, but only with respect to the professional health care services, Paragraph (d) conduct of your business. does not apply to any nurse, emergency c: A limited liability company, you as an insured. medical technician or paramedic employed by Your members are,also insureds, but only with You to provide such services. respect to the conduct of your business. Your (2) "Property damage' to property: managers are insureds, but only with respect to their duties as your managers. (a) Owned, occupied or used by, d. An organization other, than .a partnership, joint (b) Rented to; In the care', custody or control of, venture or limited liability company, you are an or over which physical control Is being insured. Your "executive officers" and directors are exercised for any purpose by insureds, but only with respect to their duties as you, any of your "employees", "volunteer your officers or directors. Your stockholders are workers ", any partner or member (if you are a also insureds, but only with respect to their liability partnership or joint venture), or any member; (if as stockholders. you are a limited liability company)., e. A trust, you are an insured. Your trustees are also b: Real Estate Manager insureds, but only with respecbt o their duties as Any person (other than -your 'employee" or ustthe "volunteer worker"), or any organization while 2. Each following Is also an insured; g acting as your real estate manager. a. Employees and Volunteer workers a Temporary Custodians of Your Property Your 'volunteer workers" only while performing Any person .,or organization having proper duties related to the conduct of your business, or temporary custody of, your property if you die, but your "employees "; other than either your "executive - only: officers" (if you are an organization other than a (1) With respect to liability. arising out of the partnership, joint venture or limited liability maintenance or use of that property; and company) or your managers (If you as a limited liability company), but only for acts within the scope (2) Until your legal representative has been of their employment by you or while performing appointed. duties related to the conduct of your business. d. Legal Representative If You Die Your legal representative if you die, but only with respect to duties as such. That representative will HG 00 01 06 05 Page 9 o 18 have all your rights and duties under this Coverage Part. e. Unnamed Subsidiary Any subsidiary, and subsidiary thereof, of yours which is a legally incorporated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of the Coverage Part. The insurance afforded herein for any subsidiary not named in this Coverage Part as a named Insured does not apply to injury or damage with respect to which an insured under this Coverage Part is also an Insured under another policy or would be an 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: ai 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.` Mobile Equipment With respect to 'mobile equipment!' registered in your name under any motor vehicle registration law, any person is an insured while driving such equipment along a public highway 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 equipment, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co- "employee" of the person driving the equipment; or b. "Property damage" to property owned by, rented to, In the charge of or occupied byyou or the employer of any person who is an insured under this provision. 5. Nonowned Watercraft With respect to watercraft you do not own that is less than 51 feet long and is not being used to carry persons for a charge, any person,is an insured while operating such watercraft with your permission. Any other, person or organization responsible for the conduct of such person is also an insured, but only with respect, to liability arising out of the operation of the watercraft, and only if no other insurance of any kind Is available to that person or organization for this liability. However, no person or organization Is an insured with respect to: a. "Bodily injury" to a co- "employee" of the person operating the watercraft; or: b. "Property damage" to property owned by, rented to, In the charge of or occupied by you or the employer of any person who is an insured under this provision. 6." Additional Insureds When Required By Written Contract, Written Agreement Or Permit The following person(s) or organizatlon(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 lrsuch 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 "bIodily injury" or "property damage" arising out of "your products" which are distributed or' sold '16 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 applyto: (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; Page 10 of 118 HG 00 0106 05 (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 (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: (1) The exceptions contained In Sub- paragraphs (d) or (f); or (11) 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 or organization from whom you lease equipment; but only with respect to their liability for " bodiy. injury", ; "properly damage" or "personal and advertising injury caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. (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 )and 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 ororganization. " 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 falling to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specificatlons; or 2. Supervlsory; Inspection, architectural or engineering activities. 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 t0:.. (1) "Bodily injury", 'property damage" 'or, "personal and advertising injury" arising out of operations performed for the state or municipality; or (2) 'Bodily injury" or 'property damage" included within the "products - completed operations hazard ". HG 00 01 06 05 Page 111 of 18 f. Any Other Party Any other person or organization who Is not an insured under Paragraphs a. through e. above, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising Injury" caused, in whole or in part; by your acts or omissions or the acts or omissions of those acting on your behalf: (1) In the performance of your ongoing operations; (2) In connection with your premises owned by or rented to you; or (3) In connection with "your work' and included within the 'products- completed operations hazard', but only if (a) The written contract or agreement requires you to provide such coverage to such additional Insured; and (b) This Coverage Part provides coverage for "bodily injury" or "property damage" Included within the "products- completed operations hazard, 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. The limits of insurance that apply to additional insureds under this provision is described in Section 111 - Limits Oflnsurence. - How this insurance applies when other insurance is available to the additional insured is described in the Other Insurance Condition in Section IV - Commercial General Liability Conditions. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION III - LIMITS OF INSURANCE 1. The Most We will Pay The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits ". 2. General Aggregate Limit The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage' A; except damages because of "bodily injury" or . "property damage" included in the "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. S. 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. 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 Page 12 of 18 HG 00 01 06 05 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 contractor written agreement; or b. The Limits of Insurance shown in the Declarations. Such amount shall be apart 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 16 the Declarations, unless the policy periods extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the Insured's estate will not relieve us of our obligations under this Coverage Part.' 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. Notice Of Occurrence Or Offense You or any additional insured must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should' include: (1) How, when and where the "occurrence" or offense took place; (2) The : names and : addresses of any, Injured persons and witnesses; and (3) The nature and location of any Injury or damage arising out of the "occurrence" or offense. br' Notice 'OfClaim 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 an additional insured is a partnership; (3) Any manager, if you or an additional Insured is a limited liability company; (4) Any "executive officer" or insurance manager, if you or an additional insured is a corporation; (5) Any trustee, if you or an additional insured is a trust; or Id) Any elected or appointed official, if you or an additional Insured is apolitical 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 terrns 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 HG 00 011 06 05 Page 13 of 18 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 clalmant'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. Excessinsurance 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. 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. Page 14 of 18 HG 00 01 06 05 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 Insurers. 'The due date for audit and retrospective premiums is,the date shown as the due data 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 - representatlonsyou 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 pecause 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. 0, When We Do Not Renew If we decide not to renew this Coverage Part; we will mail or deliver to the first Named Insured shown In the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed,' proof of malting 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 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 land motor vehicle, trailer or semitrailer designed for travel on public roads, 'including any attached machinery or equipment. But "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. HG 00 0106 05 Page 15 of 18 6. "Coverage territory" means:' a. The United States of America (including its territories and possessions), Puerto Roo 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 a person; b. Terminati on of a person's employment; or c. Employment - related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation; harassment, humiliation or discrimination directed at a person. 9. "Executive officer" means a person holding any of the officer positions created by your charter, constitution, by -taws or any other similar governing' document, 19. "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: a. The repair, replacement, adjustment or removal of "your product" or "your work "; or b. Your fulfilling the terms of the contract or agreement. 12. "Insured contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning or explosion to premises while rented to you or temporarily occupied by you with permission of the owner is subject to the Damage to Premises Rented To You Limit described in Section III - Limits of Insurance; b. A sidetrack agreement; - c, Any easement or license agreement, Including an easement or license agreement in connection with construction or demolition operations on or within 50 feet of a railroad; d. An obligation; as required by ordinance, to Indemnify a municipality, except in connection with work fora 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 fora municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damagell to a third person or organization, provided the "bodily injury" or "property damage" is caused, in whole or In part, by you or by those acting on your behalf. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement, Paragraph f, includes that part of any contract or agreement that,indemnlfies 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, doesnot 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. 113. "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 "; Page 16 of 18 HG 00 0106 05 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 lowerworkers; 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 - prdpelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos ": (1) Equipment, of at least 1,000 pounds gross vehicle weight, designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators. Including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. 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 occupies, committed by or on behalf of its owner, landlord or lessor; d. Oral, written or electronic publication 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 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"; g, Infringement of copyright, slogan, or title of any literary or artistic work, In your "advertisement ", or h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. 18. "Pollutants" mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waster Waste includes` materials Tto be recycled, reconditioned or reclaimed, 10." 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 "yourwork" 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 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. HG 00 01 06 05 Page 17 of 18 S 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- 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. 22.7emporary 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. Page 18 of 18 HG 00 01 06 05 Marek, Carl From: Storck, Lisa Sent: Monday, May 06, 2013 3:29 PM To: Marek, Carl Cc: Kelly, Lynda Subject: RE: Pacific Coast Cabling, Inc. - Insurance Certificate /s Hi Carl -- I will approve it —what is your mail station? From: Marek, Carl Sent: Monday, May 06, 2013 2:00 PM To: Storck, Lisa Cc: Kelly, Lynda Subject: Pacific Coast Cabling, Inc. - Insurance Certificate /s Hi Lisa, Attached is the new insurance certificate /s for Pacific Coast Cabling Agreement A- 2012 -174. Please let me know if they are acceptable. Thanks. Carl Carl J. Marek Telecommunications Coordinator City Of Santa Ana 714- 647 -6957 Office 714- 647 -6722 Fax c m a r e k@ s a n t a -an a,o r g From: Stevens, Craig [mailto:cstevens@pccinc.com] Sent: Monday, May 06, 2013 11:35 AM To: Marek, Carl Subject: RE: Pacific Coast Cabling, Inc. - Insurance Certificate /s Carl, Please find attached certificate renewal. Thanks Craig Stevens Project Manager PCC Network Solutions 2037. E. Cerritos Avenue, Suite 7C Anaheim, CA 92806 714.563.8081. 714.563.8080 fax 714.412.8675 cell cstevens@r)ccinc com www.occinc.com From: Marek, Carl [mailto:CMarekCcbsanta-.ana.org] Sent: Monday, May 06, 2013 8:33 AM To: Stevens, Craig Cc: glendal@ professional- ins.com Subject: Pacific Coast Cabling, Inc. - Insurance Certificate /s Importance: High Hi Craig, I've just been informed by my Accounts Payable Department that the PCC insurance certificate expired 01/01/2013. Please arrange to have the current certificate sent to me. Thank you. Carl J. Marek Telecommunications Coordinator City of Santa Ana 714- 647 -6957 Office 714- 647 -6722 Fax c marelc @santa- ana.or C AC Ar N?- - R - 001J - ivY acaaRb® CERTIFICATE OF LIABILITY INSURANCE .�„�- DATE 12/24/2013 2/24I2013) 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. n. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, tha policy(ie u b e rse 18U OGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). , PRODUCER Tolman & Wiker Insurance Services LLC #OE52073 196 S. Fir Street PQ BOX 1388 Ventura CA 93002 -1388 NAMEA q 'AINB PHONE B " i _ •1 '3' bVC NO). (9osJ Ses -szi3 E -MAIL ADDRESS, aflorea @tolmanandwiker. com INSURERS AFFORDING COVERAGE NAIC q INSURER A:Hartford Fire Ins Cc 19682 INSURED Pacific Coast Cabling, Inc. DBA: PCC Network Solutions 20717 Prairie Street Chatsworth CA 91311 INSURER B:Hartford Casualty 29424 INSURER C:HartfOrd Accident & Indemnity2357 INSURER D: $ 1,000,000 _ INSURER E: X COMMERCIAL GENERAL LIABILITY INSURER F: rnVFRArFS rFRTiFICATF MIJURF_R14 /15 GL /AL /UIM /WC REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADO R POLICY NUMBER POLICY EFF POLICY EXP LIMITS - GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES Ea Qcoi ronce $ 300,000 MED EXP(Any one person) $ 10,000 A CLAIMS -MADE OCCUR 72U10N,THO752 S /1/2014 T © Y 1/1g/2015 14y PERSONAL& ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEHL AGGREGATE LIMIT APPLIES PER: •L�i 7 PRODUCTS - COMPi AGO $ 2,000,000 $ POLICY X PRO X LOC A AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED SCHEDULED AUTOS NON4)WNED HIRED AUTOS AUTOS L(S Assistant Cltl 72UONTHO752 AttOYnBy 1/1/2014 1/1/2015 COMBINED SINGLE LIMIT Ea accident) 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Par accident $ Underinsured motorist $ X I UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 B EXCESS LIAR CLAIMSWADE DED I X I RETENTION 10,00C $ I 172sRUiTH1103 1/1/2014 1/1/2015 C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOWPARTNEWEXECUTIVE V I N X WC STATU- OTH- E.L. EACH ACCIDENT $ 1 000 000 OFFICEWMEMSER EXCLUDED? (Mandatory in NH) NIA 72wEEQB250 1/1/2014 /1/2015 E1. DISEASE - EA EMPLOYE $ 1 000 000 E.L. DISEASE - POLICY LIMIT $ 1 000 000 If yes, describe untler DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) GL: The City of Santa Ana, its officers, employees, agents, volunteers and representatives are Additional Insured as respects to operations of the Named Insured per attached HG0001 0605. This insurance is primary and non - contributory to any other insurance held by Additional Insured per attached HG0001 0605. A Waiver of Subrogation is added per attached HG0001 0605. Attached enorsements apply only as required by written contract during the policy term. emarek @santa - ana.org City of Santa Ana Attn: Insurance Services Division M -12 20 Civic Center Plaza Santa Ana, CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Toohey, CISC /ARACEF AGURU 25 (20101 U1MSS- YU71JAULIKUI:VKF'UKAIIV1N. Allrlgnt$reservea. INS025 mnlnnsl nl Tha arnpn norm and Innn am ranletnro8 mark. of Ar.nRn POLICY NUMBER: 72ULiNJH0752 have all your rights and duties under this Coverage Part. e. Unnamed Subsidiary Any subsidiary, and subsidiary thereof, of yours which is a legally incorporated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of the Coverage Part. The insurance afforded herein for any subsidiary not named in this Coverage Part as a named insured does not apply to injury or damage with respect to which an insured under this Coverage Part is also an insured under another policy or would be an 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. Mobile Equipment With respect to "mobile equipment" registered in your name under any motor vehicle registration law, any person is an insured while driving such equipment along a public highway 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 equipment, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co "employee" of the person driving the equipment; 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. Nonowned Watercraft With respect to watercraft you do not own that is less than 51 feet long and is not being used to carry persons for a charge, any person is an insured while operating such watercraft with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the watercraft, and only if no other insurance of any kind Is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co- "employee" of the person operating the watercraft; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. 6. 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 or 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; Page 10 of 18 HG 00 01 06 05 (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 (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: (1) 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 or organization 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 or organization. (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. e. Permits Issued By State Or Political Subdivisions Any state or political subdivision, but only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. With respect to the insurance afforded these additional insureds, this insurance does not apply to: (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality; or (2) "Bodily injury" or "property damage" included within the "products - completed operations hazard ". HG 00 01 06 05 Page 11 of 18 f. Any Other Party Any other person or organization who is not an Insured under Paragraphs a. through e. above, but only with respect to liability for "bodily Injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (1) In the performance of your ongoing operations; (2) In connection with your premises owned by or rented to you; or (3) In connection with "your work" and included within the "products - completed operations hazard ", but only V (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 ". 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. The limits of insurance that apply to additional insureds under this provision is described In Section III — Limits Oflnsurance. How this insurance applies when other Insurance is available to the additional insured is described in the Other Insurance Condition in Section IV — Commercial General Liability Conditions. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION 111— LIMITS OF INSURANCE 1. The Most We will Pay The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits ". 2. General Aggregate Limit The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "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. 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 Page 12 of 18 HG 00 01 06 05 POLICY NUMBER: 72UUNJR0752 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. Otherinsurance 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: /%�a1Primary 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 Excusion 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. 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. Page 14 of 18 HG 00 01 06 05 POLICY NUMBER: 72UUNJH0752 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. S. 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 dose 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. D7- Except Separation Of Insureds 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. 1 8. Transfer Of Rights Of Recovery Against Others To Us a. Transfer of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V — DEFINITIONS 1. "Advertisement" means the widespread public dissemination of information or images that has the purpose of inducing the sale of goods, products or services through: a. (1) Radio; (2) Television; (3) Billboard; (4) Magazine; (5) Newspaper; or b. Any other publication that is given widespread public distribution. However, "advertisement" does not include: a. The design, printed material, information or images contained in, on or upon the packaging or labeling of any goods or products; or b. An interactive conversation between or among persons through a computer network. 2. "Advertising idea" means any idea for an "advertisement ". 3. "Asbestos hazard" means an exposure or threat of exposure to the actual or alleged properties of asbestos and includes the mere presence of asbestos in any form. 4. "Auto" means a land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment. But "auto" does not include "mobile equipment ". 5. "Bodily injury" means physical: a. Injury; b. Sickness; or c. Disease sustained by a person and, if ar sing out of the above, mental anguish or death at any time. HG 00 01 06 05 Page 15 of 18 Ae"Ra CERTIFICATE OF LIABILITY INSURANCE '..ii OATE(MMIDDIYYYY) 1 12/29/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: L1 and certificate the theholder p licy, certain Dpolicies Amay require an endorsement. I A statement rondthis ce7r *4}�OOijslbotWAIVEDffb subject to to the fi±, certificate holder in lieu of such endorsement(s). PRODUCER Tolman & Wiker Insurance Services LLC #OE52073 CONTACT Ariana De Leon NAME: !' °' C a PHONE (805)585 -6145 I ,r' AIC NO aL5)s8S 6245 196 S. Fir Street pooaiess: adelson @tolmanandwi .L46m -' PO Box 1388 INSURERS AFFORDING COVERAGE NAIC N INSURER A:Hartford Fire Ins Co 19682 Ventura CA 93002 -1388 INSURED INSURER B:Hartford Casualty 29424 INSURER C:Hartford Accident & Indemnit 22351 Pacific Coast Cabling, Inc. INSURER D: DBA: PCC Network Solutions INSURER E: 20717 Prairie Street 1 INSURER F: Chatsworth CA 91311 1111.10LOnAM- Ic1 I .NAg1.9U1d1i111IdiIMA THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF POLICY EXP MMID EXP LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A CLAIMS -MADE OCCUR DAMAGESi RENTED PREMISES Ea occurrence $ 300,000 MEO EXP(An one erson) $ 10,000 72UU 0752 1/1/2016 //1/2017 J(MMhDD[YYYY) ��Cs OVER To FO A Y1� lVS' PERSONAL &ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER'. GENERAL AGGREGATE $ 2,000,000 POLICY ❑ PRO- JECT � LOC b G• PRODUCTS - COMP /OP AGG $ 2,000,000 Employee Benefits $ 1,000,000 OTHER: a.. �( AUTOMOBILE LIABILITY L t C( Y Attorne COMBINED SINGLE LIMIT Ea accident $ 1,000,000 X BODILY INJURY (Per person) $ A ANY AUTO ALL OWNED SCHEDULED AUTOS WNED HIRED AUTOS AUTOS p$$IStan 72UUNSH0752 Y PO .l 1/1/2016 1/1/2017 l BODILY INJURY (Per accident) $ PROPERTY Prr cl t $ Underinsured motorist $ X UMBRELLA LAB X- OCCUR ,gyp, ^fi 114) EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 B EXCESS LIAB CLAIMS -MADE F`q1 g, DED I X I RETENTION$ 10,000 $ 72RHUJE1103 1/1/2016 1 1/1/2017 C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY OFFICEWMEIMBOER EXCLUDED? ECUTIVE F7 (Mandatory In NH) NIA 72WEEQ8250 1/1/2016 1/1/2017 X I PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1 100,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) GL: The City of Santa Ana, its officers, employees, agents, volunteers and representatives are Additional Insured as respects to operations of the Named Insured per attached HG0001 0605. This insurance is primary and non - contributory to any other insurance held by Additional Insured per attached HG0001 0605. A Waiver of Subrogation is added per attached HG0001 0605. Attached enorsements apply only as required by written contract during the policy term. cmarek @santa- ana.org. City of Santa Ana Attn: Insurance Services Division M -12 20 Civic Center Plaza Santa Ana, CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Toohey, CISC /ARIAND- `"`��= :r "'""�w ©1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD INS025 nnl4ml POLICY NUMBER: 72UUNJH0752 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 ill — Limits Of Insurance; and C. 91 (2) Our right and duty to defend ends when we have used up the applicable limit of insurance in e 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"; a (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. "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 11 — 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. 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 ". Incidental Medical Malpractice (1) "Bodily injury" arising out of the rendering of or failure to render professional health care services as a physician, dentist, nurse, emergency medical technician or paramedic shall be deemed to be caused by an "occurrence ", but only if: (a) The physician, dentist, nurse, emergency medical technician or paramedic is employed by you to provide such services; and (b) You are not engaged in the business or occupation of providing such services. HG 00 01106 05 Page 1 of 18 © 2005 The Hartford (Includes copyrighted material of Insurance Services Office, Inc. with its permission.) (2) For the purpose of determining the limits of insurance for incidental medical malpractice, 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 ". 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 only if you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. d. Workers' Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. e. Employer's Liability "Bodily injury" to: (1) An "employee" of the insured arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's business; or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of Paragraph (1) above. This exclusion applies: (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 Page 2 of 18 HG 00 01 06 05 (111) "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: (1) Any insured; or (11) 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: (1) "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; (11) "Bodily injury" or "property damage" sustained within a building and caused by the release of gases, fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor; or (111) "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire ": or (e) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants ". (2) Any loss, cost or expense arising out of any: (a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants "; or (b) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants ". However, this paragraph does not apply to liability for damages because of "property damage" that the insured would have in the absence of such request, demand, order or statutory or regulatory requirement, or such claim or "suit" by or on behalf of a governmental authority. g. Aircraft, Auto Or Watercraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading ". This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" involved the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used to carry persons for a charge; (3) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured; HG 00 0106 05 Page 3 of 18 (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 the operation of any of the 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. 1. 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. Damage To Property "Property damage" to: (1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in the care, custody or control of the insured; (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 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III — Limits Of Insurance. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3) and (4) of this exclusion do not apply to "property damage' arising from the use of elevators. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraphs (3) and (4) of this exclusion do not apply to "property damage" to borrowed equipment while not being used to perform operations at the job site. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products - completed operations hazard ". k. Damage To Your Product "Property damage" to "your product" arising out of it or any part of it. 1. Damage To Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "products - completed operations hazard ". This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. m. Damage To Impaired Property Or Property Not Physically Injured "Property damage" to "impaired property" or property that has not been physically injured, arising out of: (1) A defect, deficiency, inadequacy or dangerous condition in "your product" or "your work "; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product" or "your work" after it has been put to its intended use. Page 4 of 18 HG 00 01 06 05 n. Recall Of Products, Work Or Impaired Property Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: (1) "Your product "; (2) "Your work "; or (3) "Impaired property"; if such product, work, or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. o. Personal And Advertising Injury "Bodily injury" arising out of "personal and advertising injury". p. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data. As used in this exclusion, electronic data means infomration, 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 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. 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 ". Damage To Premises Rented To You — Exception For Damage By Fire, Lightning Or Explosion Exclusions c. through h. and j. through n. do not apply to damage by fire, lightning or explosion to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III — Limits Of Insurance. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "personal and advertising injury" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "personal and advertising injury" to which this insurance does not apply. We may, at our 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 111 — Limits Of Insurance; and (2) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments — Coverages A and B. b. This insurance applies to "personal and advertising injury" caused by an offense arising out of your business but only if the offense was committed in the "coverage territory" during the policy period. HG 00 0106 05 Page 5 of 18 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 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 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 "advertlsemenf% 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. L. Infringement Of Intellectual Property Rights "Personal and advertising injury" arising out of any violation of any intellectual property rights such as copyright, patent, trademark, trade name, trade secret, service mark or other designation of origin or authenticity. However, this exclusion does not apply to infringement, in your "advertisement ", of: (1) Copyright; (2) Slogan, unless the slogan is also a trademark, trade name, service mark or other designation of origin or authenticity; or (3) Title of any literary or artistic work. 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 17.a., b. and c. of "personal and advertising injury" under the Definitions Section. For the purposes of this exclusion, placing an "advertisement" for or linking to others on your web site, by itself, is not considered the business of advertising, broadcasting, publishing or telecasting. k. Electronic Chatrooms Or Bulletin Boards "Personal and advertising injury" arising out of an electronic chatroom or bulletin board the insured hosts, owns, or over which the insured exercises control. 1. 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 ". Page 6 of 18 HG 00 01 06 05 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. L Discrimination Or Humiliation "Personal and advertising injury" arising out of discrimination or humiliation committed by or at the direction of any "executive officer", director, stockholder, partner or member of the insured. u. Employment - Related Practices "Personal and advertising injury" to: (1) A person arising out of any "employment — related practices "; or (2) The spouse, child, parent, brother or sister of that person as a consequence of "personal and advertising injury" to that person at whom any "employment- related practices" are directed. This exclusion applies: (1) Whether the 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. 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, dean 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 ". 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. HG 00 0106 05 Page 7 of 18 b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for: (1) First aid administered at the time of an accident; (2) Necessary medical, surgical, x -ray and dental services, including prosthetic devices; and (3) Necessary ambulance, hospital, professional nursing and funeral services. 2. Exclusions We will not pay expenses for "bodily injury ": a, Any Insured To any insured, except "volunteer workers ". b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers Compensation And Similar Laws To a person, whether or not an "employee" of any insured, if benefits for the "bodily injury" are payable or must be provided under a workers' compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing, instructing or participating in any physical exercises or games, sports, or athletic contests. f. Products - Completed Operations Hazard Included within the "products - completed operations hazard ". g. Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS — COVERAGES A AND B 1. We will pay, with respect to any claim we investigate or settle, or any "suit" against an insured we defend: a. All expenses we incur. b. Up to $1,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. c. The cost of appeal bonds or bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit ", including actual loss of earnings up to $500 a day because of time off from work. e. All costs taxed against the insured in the "suit ". f. Prejudgment interest awarded against the insured on that part of the judgment we pay. if we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance. 2. If we defend an insured against a "suit" and an indemnitee of the insured is also named as a party to the "suit", we will defend that indemnitee if all of the following conditions are met: a. The "suit" against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an "insured contract "; b. This insurance applies to such liability assumed by the insured; c. The obligation to defend, or the cost of the defense of, that indemnitee, has also been assumed by the insured in the same "insured contract'; d. The allegations in the "suit" and the information we know about the "occurrence" are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee; e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such "suit" and agree that we can assign the same counsel to defend the insured and the indemnitee; and If. 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, Page 8 of 18 HIS 00 0106 05 necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnite , 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. 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. 2. Each of the following is also an insured: a. Employees and Volunteer workers Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees ", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insureds for: (1) "Bodily injury" or "personal and advertising injury ": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co "employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co- "employee" or that "volunteer worker" as a consequence of Paragraph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1)(a) or (b) above; or (d) Arising out of his or her providing or falling to provide professional health care services. If you are not in the business of providing professional health care services, Paragraph (d) 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 HG 00 0106 05 Page 9 of 18 have all your rights and duties under this Coverage Pa rt. 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 Pa rt. 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 an insured under this Coverage Part is also an insured under another policy or would be an insured under such policy but for its termination or the exhaustion of its limits of insurance. 8. 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. Mobile Equipment With respect to "mobile equipment" registered in your name under any motor vehicle registration law, any person is an insured while driving such equipment along a public highway 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 equipment, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury' to a co- "employee" of the person driving the equipment; 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. Nonowned Watercraft With respect to watercraft you do not own that is less than 51 feet long and is not being used to carry persons for a charge, any person is an insured while operating such watercraft with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the watercraft, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co "employee" of the person operating the watercraft; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. 6. Additional Insureds When Required By Written Contract, Written Agreement Or Permit The following persons) 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; Page 10 of 18 HG 00 01 06 05 (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 (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: ( €) The exceptions contained in Sub- paragraphs (d) or (f); or (it) 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 or organization 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 or organization. (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. e. Permits Issued By State Or Political Subdivisions Any state or political subdivision, but only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. With respect to the insurance afforded these additional insureds, this insurance does not apply to: (1) "Bodily injury ", "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality; or (2) "Bodily injury" or "property damage" included within the "products- completed operations hazard ". HG 00 0106 05 Page 11 of 18 f. Any Other Party Any other person or organization who is not an insured under Paragraphs a. through e. above, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (1) In the performance of your ongoing operations; (2) In connection with your premises owned by or rented to you; or (3) in connection with "your work" and included within the "products- completed operations hazard ", but only if (a) The written contract or agreement requires you to provide such coverage to such additional insured; and (b) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products - completed operations hazard ". 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. The limits of insurance that apply to additional insureds under this provision is described in Section III — Limits Of Insurance. How this insurance applies when other insurance is available to the additional insured is described in the Other Insurance Condition in Section IV — Commercial General Liability Conditions. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION III — LIMITS OF INSURANCE 1. The Most We will Pay The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits ". 2. General Aggregate Limit The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "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. In the case of damage by tire, 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 Page 12 of 18 HG 00 01 06 05 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 contractor 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 detennining the Limits of Insurance. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. Notice Of Occurrence Or Offense You or any additional insured must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. Notice Of Claim If a claim is made or "suit" is brought against any insured, you or any additional insured must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable, You or any additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. Assistance And Cooperation Of The Insured You and any other involved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit "; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit "; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. Obligations At The Insureds Own Cost No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. e. Additional Insureds Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract or written agreement that this insurance is primary and non - contributory with the additional insured's own insurance. f. Knowledge Of An Occurrence, Offense, Claim Or Suit Paragraphs a. and b. apply to you or to any additional insured only when such "occurrence ", offense, claim or "suit" is known to: (1) You or any additional insured that is an individual; (2) Any partner, if you or an additional insured is a partnership; (3) Any manager, if you or an additional insured is a limited liability company; (4) Any "executive officer" or insurance manager, if you or an additional insured is a corporation; (5) Any trustee, if you or an additional insured is a trust; or (6) Any elected or appointed official, if you or an 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 HG 00 0106 05 Page 13 of 18 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. Otherinsurance 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 (lows a. rimary Insurance his 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 Pag(4 of 18 (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 ontract 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) rimary And Non - Contributory To Other I surance 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. 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. HG 00 01 06 05 If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. 6. Representations a. When You Accept This Policy By accepting this policy, you agree: (1) The statements in the Declarations are accurate and complete; (2) Those statements are based upon representations you made to us; and (3) We have issued this policy in reliance upon your representations. b. Unintentional Failure To Disclose Hazards If unintentionally you should fail to disclose all hazards relating to the conduct of your business that exist at the inception date of this Coverage Part, we shall not deny coverage under this Coverage Part because of such failure. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us a. Transfer of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization In a contract, agreement or permit that was executed prior to the injury or damage. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V — DEFINITIONS 1. "Advertisement" means the widespread public dissemination of information or images that has the purpose of inducing the sale of goods, products or services through: a. (1) Radio; (2) Television; (3) Billboard; (4) Magazine; (5) Newspaper; or b. Any other publication that is given widespread public distribution. However, "advertisement" does not include: a. The design, printed material, information or images contained in, on or upon the packaging or labeling of any goods or products; or b. An interactive conversation between or among persons through a computer network. 2. "Advertising idea" means any idea for an "advertisement ". 3. "Asbestos hazard" means an exposure or threat of exposure to the actual or alleged properties of asbestos and includes the mere presence of asbestos in any form. 4. "Auto" means a land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment. But "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. HIS 00 01 06 05 Page 15 of 18 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 a person; b. Termination of a person's employment; or c. Employment - related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation or discrimination directed at a 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: a. The repair, replacement, adjustment or removal of "your product" or "your work "; or b. 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 Page 16 of 18 rented to you or temporarily occupied by you with permission of the owner is subject to the Damage to Premises Rented To You Limit described in Section III — Limits of Insurance; b. A sidetrack agreement; c. Any easement or license agreement, including an easement or license agreement in connection with construction or demolition operations on or within 50 feet of a railroad: d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization, provided the "bodily injury" or "property damage" is caused, in whole or in part, by you or by those acting on your behalf. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. includes that part of any contract or agreement that indemnifies a railroad for "bodily injury" or "property damage" arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road -beds, tunnel, underpass or crossing. However, Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. 13. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker". 14. "Loading or unloading" means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto "; HG 00 01 06 05 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; a. 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, of at least 1,000 pounds gross vehicle weight, designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. 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 occupies, committed by or on behalf of its owner, landlord or lessor; d. Oral, written or electronic publication 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 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'; g. Infringement of copyright, slogan, or title of any literary or artistic work, in your "advertisement "; or h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. 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. HG 00 0106 05 Page 17 of 18 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- 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. Page 18 of 18 HG 00 0106 05