Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
MIG, INC. (3)
INSURANCE ON FILE A-2023-089-04 WORK MAY PROCEED UNTIL INSURANCE EXPIRES GT1ZrEX CITY CLERK DATE: P1J�l2ii CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND MIG, INC. FOR ON -CALL LANDSCAPE ARCHITECTURAL SERVICES THIS AGREEMENT is made and entered into on this 16th day of May, 2023 by and between MIG, Inc. ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). N O RECITALS cv —' A. On February 22, 2023 the City issued a Request for Proposal No. 22-097 by which it j desired to retain a Consultant having special skill and knowledge in the field of: landscape __> architectural services on an on -call basis for the City's Public Works Agency B. Consultant submitted a responsive proposal that was among those selected by the city. Consultant represents that it is able and willing to provide such services described in the scope of work that was included in the RFP No. 22-097. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform the services that were described in the scope of work included in the RFP No. 22-097, during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in "Scope of Services - Exhibit A", attached hereto and incorporated by reference, and as further described in Consultant's Proposal, attached hereto an incorporated herein by this reference as "Consultant's Proposal - Exhibit B". 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Consultant's Fee Proposal, which is attached hereto and fully incorporated herein by this reference as "Compensation - Exhibit C". Consultant is one of ten (10) separate consultants selected to provide services on an on -call basis under RFP 22-097. The total compensation for services provided by all consultants selected under RFP 22-097 shall not exceed the shared aggregate amount of $5,000,000.00 during the term of this Agreement, including any extension periods, as set forth in Section 3, below. b. Payment by City shall be made within forty-five (45) days following receipt of proper Page 1 of 10 invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. c. Notwithstanding any contrary terms contained within Consultant's Fee Proposal, Consultant's fees shall not increase by more than 3% annually over the term of this Agreement, including any extension periods, unless directly affected by Prevailing Wage laws, if applicable. 3. TERM This Agreement shall commence on May 16, 2023 and end on May 15, 2026, with the option for the City to grant up to two (2), one-year extension, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent 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 Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant snakes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. Page 2 of 10 6. INSURANCE Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, its agents, representatives, employees or subcontractors. a. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has secured all insurance required under this Section. b. Insurance coverage shall be at least as broad as: (i) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (ii) Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non -owned), with limit no less than $1,000,000 per accident for bodily injury and property damage. (iii) Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (iv) Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant's profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. (v) If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: Page 3 of 10 (i) Additional Insured Status. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). (ii) Primary Coverage. For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 0104 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (iii)Notice of Cancellation. Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City. (iv)Waiver of Subrogation. Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. (v) Self -Insured Retentions. Self -insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. (vi)Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. (vii) Claims Made Policies. If any of the required policies provide coverage on a claims -made basis: • The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. Page 4 of 10 • Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. • If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. (viii) Verification of Coverage. Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. (ix)Subcontractors. Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors. (x) Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by Page 5 of 10 reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct Page 6 of 10 or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. 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 Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultant and/or contractors retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. Page 7 of 10 b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Jennifer L. Hall Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 Page 8 of 10 With courtesy copies to: Nabil Saba Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-xx) P.O. Box 1988 Santa Ana, California 92702 Fax: To Consultant: Steve Lang Principal in Charge MIG, Inc. 109 W. Union Ave. Fullerton, CA 92832 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [signatures on following page] Page 9 of 10 SIGNATURE PAGE FOR CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND MIG, INC. FOR ON -CALL LANDSCAPE ARCHITECTURAL SERVICES IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: JONATHAN T. MARTIN Assistant City Attorney RECOMMENDED FOR APPROVAL: 11 w a IA_ NABIL SABA Executive Director Public Works Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager CONSULTANT: STEVE LAT.- Principal in Charge Page 10 of 10 EXHIBIT A SCOPE OF SERVICES Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL LANDSCAPE ARCHITECTURAL SERVICES RFP NO.22-097 INTRODUCTIONBACKGROUND The City of Santa Ana, Public Works Agency is seeking proposals from qualified firms to provide on -call landscape architectural services. The City of Santa Ana is located in central Orange County, flanked roughly by the Santa Ana River to the west, Santiago Creek to the north, I-55 freeway to the east and South Coast Metro area to the south. The city is approximately 10 miles east of the Pacific coast and 30 miles south of Los Angeles. Incorporated in 1889 and designated the county seat, Santa Ana is both the largest city in the county and one of the largest in the state of California, as Santa Ana's current population is estimated to surpass 334,000. This populace, living within the city's 27.2 square miles, translates into approximately 12,000 residents per square mile, making Santa Ana the densest city in Orange County and second densest in the State. Since 1947, the parks system was managed by the Parks, Recreation & Community Services Agency. In March 2022, the entire Park Services Division, which includes ParkPlanning and Park Maintenance, transitioned to the Public Works Agency. The City of Santa Ana's Public Works Agency (PWA) is now responsible for the planning, design, development and maintenance of fifty-four (54) parks, ten (10) recreation/community centers, two (2) senior centers, one (1) nature center, thirteen (13) miles of Class I recreational trails, 2 lakes, 5 municipal pools, the Santa Ana Zoo and multiple joint -use sites. The City's mission through our park system is to make lives and communities better now and in the future by providing access to nature, outdoor space to play and exercise, facilities for self - directed and organized recreation, positive alternatives for youth, and activities that encourage social connections, human development, and lifelong learning. In April 2022, the City updated its General Plan, including the Open Space Element and Bikeways Master Plan. In May 2022, the Parks, Recreation & Community Services Agency adopted its first Parks Master Plan. The ParkPlanning Division seeks the services of a landscape architectural firm(s) to be available on -call, to augment staff with delivery of projects potentially on all levels, ranging from site specific master planning, concept planning, feasibility studies, design, contract document development bid advertisement and construction support. SCOPE OF WORK In general, the Consultant shall perform landscape architectural services on an "on -call or as - needed" basis for various project assigned by the City during the term of the agreement. The Consultant shall have demonstrated expertise and experience in the areas of parks and recreation or other municipal projects, in areas that include but are not limited to planning new parks, site specific master planning of existing parks, sports fields & sports courts renovations, skate parks, dog parks, splash pads, bike trails, site lighting, water conservation, habitat restoration, urban forestry, landscape renovations, irrigation renovations, interpretive signage: • Design Expertise: In addition to having a solid understanding of parks and recreation projects, Consultant shall have experience and expertise in sustainable environmental design, low impact development, water wise landscaping and irrigation, current trends, maintenance needs. • Site Specific Master Planning & Concept Development: Consultant shall have ability to participate in site specific master planning exercises and concept development. Consultant shall prepare and deliver colored renderings, 3-1) modeling or other visuals as required to conununicate the project. Consultant shall provide final rendered concept plan upon final approval of the layout. • Community Outreach: If requested, Consultant shall, facilitate community engagement meetings to collect public input, create community engagement tools. • Meetings and Presentations: If requested, Consultant shall attend and/or facilitate meetings with City Staff, Neighborhood Associations, permitting agencies, Boards, Commissions, and/or City Council as required. Consultant shall prepare presentation materials for us in these meetings. • Feasibility Studies: Consultant shall have ability to conduct feasibility studies, analyses and/or preliminary documents for new renovation or alteration projects, to help City determine viability.. • Utility Search and Coordination: Consultant access utility companies and city records and coordinate into design. Consultant shall coordinate with said agencies throughout the design process. • Site Surveying: Consultant shall provide all field survey and topographic work necessary to complete the design effort. • Maps and Mapping Services: Consultant shall ability to provide, if requested. • Contract Documents: Consultant shall have ability to prepare complete plans and specifications for project bid advertisement. City will provide electronic title block files and boiler plate specifications; consultant shall adapt and develop document to include City of Santa Ana RFP 22-097 Page Al-1 bid items and definitions, include modifications to General and Special Provisions, and incorporate technical architectural specifications. Plans shall incorporate design criteria and requirements conforming to the City of Santa Ana (CSA) and other governmental agencies including, but not limited to the California Building Code, ADA, CSA Standard Plans. All plans, the title sheet of the specifications, calculations and reports must be signed and stamped by the consultant's licensed professional landscape architect, architect or engineer. • Cost Estimating: consultant shall provide costestimating services to provide "Opinion of Probable Cost". Consultant shall contact contractors, manufacturers, or draw info from recently bid projects when preparing their estunates. • Permits: Consultant shall assist City in obtaining approvals and/or permits from applicable agencies as needed, including project submittal, responding to plan check comments, and meeting with Building Officials if required. • Environmental: If requested, Consultant shall provide environmental review for projects, State CEQA and/or Federal NEPA, as required. • Storm Water Best Management Practices: have knowledge and incorporate into design practice principles of storm water best management practices (BMP). • WQMP: Consultant shall be able to determine when WQMP is required for aproject, have ability to prepare the document, and incorporate the findings in the overall design. • Quality Control: Consultant shall tightly control the quality of the work perform by in-house staff and/or sub-consukants. Incomplete or poor quality work will not be accepted. No additional compensation will be approved for changes required to deliver a tightly coordinated set of contract documents. • Bid Advertisement Support: Consultant shall assist during the bid advertisement period by responding to bidder questions, attending pre -bid job wallcs, assisting with addenda preparation, attending pre -construction meeting. • Construction Support: Consultant shall assist during construction period by attending pre -construction meeting, responding to Requests for Information (RFIs), attending regular site meetings as requested and final inspections, submittal review, change order review, troubleshooting and finding solutions to unforeseen site conditions. • As Built Plans: Upon completion of project, as -built plans may be submitted to the consultant to incorporate all changes made during the construction period. TASK ORDER PROCESS: City of Santa Ana RFP 22-097 Page Al-2 The intent of this RFP is to have several consultants under contract to be available to provide services, on -call, if the City shall need them. In executing a Professional Services Agreement with the selected firm(s), the City does not guarantee any Task Orders will be initiated during the life of the contract. All work performed under this contract will require a Request to Release Notice to Proceed (RRNTP) by the City. On a project -by -project basis, a proposal will be requested from all On - Call Consultants by the City's Project Manager or Contractor Administrator. Proposals shall define the scope of services, include a work plan, schedule, and proposed fee, which shall be based on the specified rates of compensation in the contract. The Project Manager/Contract Administration will review all proposals and select one firm for the work based on fee, availability, area of experience, and fair distribution of assigned work to all Consultants. City of Santa Ana RFP 22-097 Page Al-3 EXHIBIT B CONSULTANT'S PROPOSAL u fi CITY OF SANTA ANA On -Call Landscape Architectural Services RFP #22-097 1 March 15, 2023 m mp; 109 W. Union Avenue I Fullerton, CA 92832 (714) 871-3638 1 www.migcom.com In association with: BKF Engineers I LRA Engineers im March 15, 2023 Suzi Furjanic, Project Manager 109 W. Union Avenue City of Santa Ana Fullerton, CA 92832 20 Civic Center Plaza, M-22 (714) 871-3638 Santa Ana, CA 92701 www.migcom.com RE: RFP #22-097 for the City of Santa Ana On -Call Landscape Architectural Services CALIFORNIA Dear Suzi Furjanic and Selection Committee Members: BERKELEY, FULLERTON, Los ANGELES, PASADENA, The MIG Team is ideally suited for this on -call landscape architectural services RIVERSIDE, SACRAMENTO, engagement. With over 250 professionals firmwide in 14 offices, we bring proven, sAN DIEGo, SANNOSE, in-depth experience in park planning and design, urban and landscape design, dynamic ANDSOSONOMA in-house graphic design, and communication capabilities to Santa Ana. Our passion is COLORADO to create park and public spaces that capture the community's spirit and have a special DENVER resonance by connecting people to people and people to place. Our 41 years in business NEW YORK and over $1 billion worth of public improvement design projects in the ground, will be BROOKLYN assets to the City. Our Fullerton office, which is 12 miles from City Hall, will promote convenient and prompt access during the design and construction process, and we will OREGON consider ourselves an extension of your staff. PORTLAND TEXAS MIG is very familiar with your parks system and enhancement goals, having assisted SAN ANTONIO in the development of your first Parks Master Plan, adopted in 2022. We are currently working with Santa Ana on another first —your premiere Dog Park in Centennial Park. In WASHINGTON addition to extensive dog park improvements, the project involves relocating the police SEATTLE training and City nursery facilities and connecting to the regional bike trail along the Santa Ana River. We are excited about the opportunity to further enhance your parks, public properties, and increasingly important urban forest. The greater City landscape contributes to community health and quality of life through reduced heat island effect, carbon sequestration, and improved air and water quality, along with abundant recreational opportunities for families. As a principal with the firm since 1991, 1 will be the contact regarding this proposal throughout the evaluation period. I am authorized to represent the firm with contractual responsibility and bind the firm to the terms of the agreement. I can be reached at (714) 871-3638 x 4040, (714) 600-0817 cell or stevel@migcom.com. MIG, as prime consultant, will be responsible for all work as defined in the RFP, including subconsultants. This proposal is valid for ninety (90) days. We have carefully reviewed the City's sample contract. We have no exceptions and accept the terms as stated. We welcome the opportunity to discuss our qualifications and firmwide team expertise with you in further detail. Should you have any questions about our proposal, please do not hesitate to contact me. Thank you for the opportunity to be considered for your landscape architectural service needs. We look forward to enhancing your park system, your City-scape, and building upon our successful working relationship with Santa Ana. Sincerely, �rt,, Y)� il�ji Steve Lang, PLA, ASL/�' Prinicpal-in-Charge / Landscape Architect: CA #1771, NV #461 PLANNING / DESIGN / COMMUNICATIONS / MANAGEMENT / TECHNOLOGY / SCIENCE 1. - TABLE OF CONTENTS s 1. Firm and Team Experience 1 yx> 2. Project Understanding and Scope of Services 8- 1r 3. Relevant Project Experience 13i� 4. References 14 A S. Appendix: Team Resumes and Required Forms 16 ' i 44 P' , i �°:, :e a. -' �y •;f7".l. aa' is � _,l, .. s ••. '` .1' r"• '. •F •� 1. i e1'4All ..Br t�•,p �w t1 v V$ E' L 3 on � L I Q 1. Firm and Team Experience About MIG, Inc. MIG, Inc., improves, adapts, and creates organizations, environments, and tools for human development. We are a community of designers, planners, engineers, scientists, and storytellers who engage people in creative problem -solving and collective action. We believe that the physical and social environment around us have a profound impact on our lives, and this belief shapes the principles that guide our work: » Communities can plan their own futures; » The world needs an ecological perspective; Great projects work for everyone; » Elegant design inspires new thinking; » Every project presents an opportunity to advance racial and social equity; and » All work must be context driven. MIG is at the forefront of innovation. We are leading local, regional, and national planning and design initiatives to ensure accessibility and equity; engage, educate, and empower people through participatory processes; facilitate strategy development for social change; create playful and inclusive communities; reimagine streets and repurpose infrastructure; revitalize cities and restore ecosystems; and promote environmental stewardship by recognizing that the health of the natural and built world is mutually dependent. For over four decades, MIG has worked with public, private, and nonprofit agencies and their constituents worldwide to craft outdoor spaces where people walk, drive, gather, play, explore, work, learn, and live. Our landscape architecture practice integrates natural and built environments to connect people to place, nature, and each other. Existing site features, topography, and history inform our designs as we work with clients and communities to develop a specific program of functions and uses —creating a powerful sense of place that not only pleases the eye, but also protects ecological and cultural resources and enhances community livability. We offer Santa Ana a full range of services including site assessment, programming, concept and schematic design, feasibility analysis, irrigation and planting design, construction documentation and administration, and site maintenance manuals. Our approach is: cross -generational and universal — allowing all ages and abilities to share in the experience; integrated —considering all aspects of a project from vision to construction and ongoing maintenance; collaborative —partnering with clients and communities to foster ownership and advocacy; and creative —striving for innovation in design, programming, and implementation. City of Santa Ana I On -Call Landscape Architectural Services 1 Areas of Expertise » Landscape Architecture and Design • Neighborhood Parks • Community/Regional Parks • Sports Parks • Streetscapes and Trails • Public and Civic Facilities • Natural Areas and Greenways » Green Infrastructure and Civil Engineering » Irrigation Design/Water Auditing/Water Ordinances » Universal Design and Accessibility >> Playground Safety Inspection >> Park and Recreation Planning Urban Planning and Design » Cost Estimating » Construction Documentation and Administration » Plan Check Review » On -Site Construction Review/Inspection » Community Outreach and Involvement Environmental Services » Graphic Design and Communications Landscape Architecture With a core competency in landscape architecture, MIG provides services from concept design, feasibility studies and master plans to construction documentation and administration. We have broad experience in the design of sustainable outdoor environments for people of all abilities; contribute to community livability; and enable residents to lead healthy, active lifestyles. Parks and Civic Spaces Successful parks and public realm spaces must be deliberately programmed, well -maintained, and activated. We have helped lead the visioning, programming, and design for key public spaces all over the country and have been responsible for some of today's most high-performance urban and neighborhood environments. By approaching park planning from a programming standpoint, we have helped clients reach a tipping point in creating lively, connected, and attractive communities. Our parks and civic spaces anchor positive, healthy activity that brings life to surrounding neighborhoods and districts. Active Recreation, Athletic Facilities, and Sports Parks MIG specializes in the management, planning, and design of active recreation, athletic, and sports park complexes and facilities for communities nationwide. MIG designs parks to become a central element in communities, creating a sense of place, fostering community identity, and bringing families and people of all ages and abilities together in a dynamic environment. Building on classic sports parks, MIG seamlessly integrates diverse elements, such as trails, picnic areas, plazas, and play areas in order to create multi -dimensional places with a range of experiences for the community. City of Santa Ana I On -Call Landscape Architectural Services 2 Design for Children and Youth Historic and Cultural Landscapes MIG has researched and documented how appropriate design and programming can support the developmental and educational needs of children and youth. We find the greatest satisfaction in creating places where young people exercise their minds and their bodies in countless adventures. The environments we have created serve as educational resources, providing play and learning opportunities through direct contact with the natural world. In addition, our certified playground safety inspectors have the most comprehensive and up-to-date knowledge on safety issues, including hazard identification and risk management. Placemaking Simply put, thriving places perform. Thriving places are a mix of the organic, the created, and the energy that comes from being used. Ultimately, success is measured by the ability to encourage healthy social activity, which is basic to all other outcomes, including economic growth. MIG's design approach evolves out of an interaction with the place. Our designs tell stories that are unique and specific to site context. We utilize the idea of placemaking, which is more than an assemblage of buildings, plantings, and public spaces. Placemaking is intentional and encourages both social interaction and community identity to create meaningful spaces. It develops places where individuals feel like integral participants in their surroundings. MIG has specific resource area expertise in cultural landscape preservation planning and design for a variety of landscape types, including historic designed landscapes, historic sites, and vernacular landscapes. Our work is guided by the principle that landscape preservation requires managing, rather than halting, change. Project types include Cultural Landscape Reports, Master Plans, Cultural Landscape Inventories, and National Historic Preservation Act/National Environmental Protection Act Section 106 Compliance. Santa Ana became incorporated as a city in 1886, and may have historic and cultural landscapes that require special consideration. Universal Design and Accessibility As a nationally -recognized leader in universal design, MIG incorporates accessibility and universal design concepts into every project. From concept design through construction supervision, MIG has experience in the planning and design of environments that integrate people with and without disabilities. We are experts in the most current regulations, including ADA Standards for Accessible Design, Federal PROWAG, CA-MUTCD, and California Title 24 requirements. We have conducted access assessments and program evaluations, as well as created communication programs and ADA Self -Evaluation and Transition Plans for public agencies nationwide, including cities, universities, schools, recreation agencies, and other public environments. City of Santa Ana I On -Call Landscape Architectural Services 3 Streetscape and re:Streets Streets should be dynamic, temporal urban spaces, designed and managed to respond to the changing needs of the community. We are innovators in re -envisioning streets and corridors as places for people, not just cars, with complete streets and accessible and universal design. Our strategic approach, rooted in a thorough understanding of the social, economic, and cultural context of environments, results in built projects, enhanced places, and tangible revitalization. MIG's "re:Streets" is a multidisciplinary collaboration focused on the planning, design, and construction of streets as a method for improving our built environment. It pushes beyond the current standards to explore the future of streets and what America's roadways would be like if they were designed for living instead of just driving. Funded by the National Endowment for the Arts and organized and facilitated by MIG, re:Streets brought together a multidisciplinary group of over 100 professionals from both the public and private sectors to re -envision the American street. Working groups developed design solutions for topics, including mobility and access, events and programming, social gathering, play and recreation, wayfinding, green infrastructure, urban agriculture, commerce, and image and identity. The re:Streets Manual is available as a free digital guide and was distributed to many federal and state transportation agencies, as well as city planning, public works, and public health agencies throughout the country. Graphics/Visual Simulation It is our mission to empower people to make informed decisions about their communities by providing accurate and easy -to -comprehend graphics. We use 3D simulations, models, and renderings to tell a story, knitting together pixels and polygons built from real world data. These graphics assist the planning and design process, allowing us to explore, design, and envision a community alongside its stakeholders and decision - makers. We frequently utilize 3D modeling and other graphics to explore the opportunities and implications of real -world design considerations, such as the "height net," maximum build -out potential, or fire truck and emergency service access. Irrigation Design MIG encourages and promotes water conservation and water supply protection through innovative irrigation design. Our experience includes plan checking, irrigation design standards, and post -construction water efficiency audits. We can also provide special services, such as sub -surface drip irrigation, central control system planning, and reclaimed water. City of Santa Ana I On -Call Landscape Architectural Services 4 Sustainable Techniques MIG's design and planning practice is built on a foundation of creating sustainable projects that comprehensively integrates all aspects of low - impact development, from building public realm and open space design to creative methods of harnessing energy, promoting healthy living, and educating the community. The resulting projects achieve, or exceed, the objectives of Senate Bill 375 and Assembly Bill 32. Our approach to integrating sustainability is exemplified in the following ways. Regenerative Landscapes A healthy landscape takes less to maintain and sustain. MIG implements strategies that nurture the soil, allowing the biology in the soil to function properly, which in turn sequesters carbon and reduces carbon emissions, minimizes landfill waste and water use, and increases biodiversity and habitat, as well as maximizes the overall health of the landscape. We approach each project individually, assessing site conditions and project goals, and subsequently, crafting solutions that maximize health and ecology while minimizing maintenance and other costs. Flexible Open Spaces MIG's designs ensure that each and every piece of open space, whether in streets or parks, has more than one use and is flexible in meeting evolving needs depending on the time of the day or day of the week. We collaborate with our clients to explore multi -dimensional opportunities, such as using parking lanes in streets for outdoor dining or parking lots as farmers, markets, MIG programs dynamic open spaces for a variety of uses. Water Conservation In the design of parks, open spaces, and streets, MIG integrates best water conservation and water reuse practices, including drought -tolerant planting palettes, grey water systems, and other water - efficient tactics. Water conservation begins with the design by limiting the amount of water required while providing high distribution uniformity. Tools include ET -based controllers, moisture sensing, point source irrigation, and irrigation audits. Green Infrastructure MIG encourages designing open space and built environments that get "off the grid" in terms of managing on site water and energy needs and minimizing impacts on infrastructure. Successful techniques used within the public and private sectors include: capturing and reusing rainwater; treating sewage on site; and capturing and harnessing power from sun, wind, and kinetic energy. City of Santa Ana I On -Call Landscape Architectural Services 5 Our Subconsultants LRA Engineers LRA Engineers (LRA) provides electrical engineering and design services, including analysis and cost estimates, field investigations, energy compliance calculations, and preparation of specifications, reports, and construction documents. BKF Engineers Since 1915, BKF Engineers (BKF) have provided engineering, surveying, and planning expertise to a variety of projects, with success evident in legacy projects throughout the West Coast. Team Introduction Project Management Principal -in -Charge Steve Lang, PLA, ASLA, draws on wisdom from more than 40 years of landscape architecture experience. He will oversee the project and represent the firm in contractual scoping with the City as well as subconsultants. He will participate as necessary in meetings and presentations and provide quality assurance and quality control reviews. Project Manager Oscar Johnson, PLA, will be the day-to-day contact with City representatives and the project team. Oscar will coordinate site assessment and design through construction documents and construction administration. His communication and organizational skills, coupled with 22 years as a project manager, will provide steady, robust management. Technical Support » Holly de la Torre, LEED AP, CPS], Certified Playground Safety Inspector (MIG) » Melissa Butler, PLA, Landscape Architect (MIG) » Dino Viale, Irrigation Designer (MIG) » Bob Prasse, Environmental Planner (MIG) » Aaron Ishaeik, Creative Director (MIG) » Donna Yeung-Gutierrez, Project Associate (MIG) Bruce Kirby, PE, Civil Engineer (BKF) » Cirilo Regalado, PE, Electrical Engineer (LRA) City of Santa Ana I On -Call Landscape Architectural Services 6 Organizational Chart Steve Lang, Principal -in -Charge Oscar Johnson, Project Manager FIRM DESIGNATION: MIG BKF LRA LANDSCAPE ENVIRONMENTAL CIVIL ARCHITECTURE PLANNING ENGINEERING Steve Lang Oscar Johnson Bob Prasse Bruce Kirby Holly de la Torre Melissa Butler Donna Yeung-Gutierrez ' WAYFINDING ENGINEERING Aaron Ishaeik Cirilo Regalado IRRIGATION Dino Viale AvailableEstimated Staff Percentages for this Project Steve Lang of Time 20% Oscar Johnson 30% Holly de la Torre 30% Melissa Butler 20% Dino Viale 25% Bob Prasse 20% Aaron Ishaeik 15% Donna Yeung-Gutierrez 30% Bruce Kirby 20% Cirilo Regalado 15% City of Santa Ana I On -Call Landscape Architectural Services 7 2. Project Understanding and Scope of Services Project Understanding MIG understands and appreciates the value that parks and the city-wide public landscape contribute to the identity and quality of life of the Santa Ana community. We are excited about the opportunity to help shape your community parks and landscapes as we transition to more water -conserving measures, resource -conscious maintenance, and greater concern for ongoing costs. As indicated in the RFP, we understand the potential range of landscape architectural projects you envision. We have designed and developed a broad spectrum of parks and recreation facilities, streetscapes, medians, trails, dog parks, and public rights -of -way improvements. The MIG Team takes pride in finding successful, realistic solutions for our clients, involving ongoing park and streetscape maintenance, horticultural development, soil and water management, and irrigation issues. We knowledge and expertise with Santa Ana. Landscape architectural services will require thorough knowledge of current mandates that will affect design. Accessibility requirements will rely on thoughtful circulation and full universal access to public facilities throughout your park system and street sidewalks. We understand the water conservation requirements enacted by AB325, B1881 and Santa Ana's Water Efficient Landscape Ordinance that now govern landscape irrigation use. These water conservation concerns and mandated irrigation restrictions have prompted: limitations on turf use, requirements for smart weather -based irrigation controllers, and more efficient sprinklers and drip systems. Implementation of on -site green infrastructure to capture and store storm water runoff for percolation and groundwater recharge is becoming the norm. Resource conservation in terms of energy efficiency, waste recycling, and long-term maintenance demands are key design criteria, which we will consider in our design process. MIG will design your proposed park and landscape improvements with Santa Ana's high -quality standards and goals for safety, connectivity, opportunities for intergenerational activities, healthy exercise, and positive community interaction. We will work closely with City maintenance staff to garner their knowledge and recommendations to efficiently manage facilities and ongoing costs. We are particularly familiar with the special requirements of municipal projects. Our team understands the importance of complete and thorough bid documents to ensure quality construction from the "low responsible bid" contractors. Our design and construction documents will reflect this attention to detail and the quality of materials and equipment selected. We will request from City staff any standard equipment preferences that we should consider. MIG understands the relationship between City departments and the approval process. Our project team understands the City's submittal process, multi -agency review schedules, and desire to address plan check comments in a timely manner. We realize the value of proactively moving the project forward to ensure reviewers' continuity and to maintain project momentum. The MIG Team is very familiar with construction administration procedures and the importance of construction support services. We are well trained in construction administration services and tasks, and coordination with consultants, City staff, and contractors. An important aspect of our role will be to ensure that project implementation proceeds according to the design intent of the construction documents. City of Santa Ana I On -Call Landscape Architectural Services 8 Anticipated Approach/Typical Work Plan The specific scope of work will be determined based on the particular requirements of each project. The following tasks describe the overall approach MIG will take on your landscape architectural design projects. PHASE 1: CONCEPTUAL DESIGN DOCUMENTS Task 1.1: Project Initiation/Project Definition The MIG Team will schedule and conduct a project initiation meeting with the City project manager and staff to review the project assignment and MIG's specific proposal in response to the City's project assignment. MIG will seek information from the City on any current data, survey maps, boundary surveys, reports, analysis or drawings associated with the subject project. We will review work to be completed, staff goals and objectives, possible amendments to the project assignment, any alternatives to be considered, budgets and any subsequent refinements to the project design program. All parties must agree on the project proposal, scope of services, project schedule, milestones, and meeting calendar. Task 1.2: Data Collection MIG will collect available data from the City on all key aspects of the proposed project. Depending on the project type and required tasks, this may include infrastructure/utility drawings, topographic survey, record as-builts, locations of easements, geologic data and geotechnical reports, and other information relevant to existing conditions, reports, previous analyses, and management and operation records. MIG's designated project manager, Oscar Johnson will continually check on progress through regular emails and project team meetings. The MIG Team will obtain all design standards, codes, and ordinances to assure that the project is in compliance with the latest City standards. The MIG Team will prepare boundary and topographic surveys as necessary, as well as geotechnical investigations for pavement and footing design recommendations. Task 1.3: Site Reconnaissance The MIG Team will conduct a site reconnaissance to review site constraints and opportunities, grading boundaries, adjacent uses, surrounding conditions, and area context. Existing site conditions, including field opportunities and constraints, will be considered when preparing conceptual/preliminary site design. Phase 1 Deliverables: Project Schedule, Topographic Plan, Geoptechnical Report, Constraints and Opportunities Memorandum PHASE 2: SCHEMATIC DESIGN DOCUMENTS AND SERVICES Task 2.1: Existing Condition Assessment, Conceptual and Schematic Design, and Preliminary Reports Based on input from City staff as well as data collection, research, and analysis, the MIG Team will develop assessments of existing conditions, conceptual design plans, and preliminary design reports to present to the City staff for review and input for further refinement. City of Santa Ana I On -Call Landscape Architectural Services 9 Depending on the nature and scope of the project, tasks may involve exploring functional and visual relationships of desired improvements by looking at such components as: facility program, uses, circulation, views/vistas, pedestrian access, vehicular access, existing land forms, existing improvements to remain, edge treatments, topography, landscape materials, irrigation systems, security, preferred equipment, perimeter improvements, and ADA compliance. Further, MIG will facilitate needs assessment interviews and meetings if required to garner the desires and concerns of the community. Color rendered conceptual and preliminary drawings, colored perspective sketches, and design exhibits will be prepared and submitted in the City's plan format. All drawings will conform to the City's design standards. Task 2.2: Cost Estimates/Fiscal Analysis Depending on the project type and scope, the MIG Team will prepare either preliminary opinions of probable construction costs or initial fiscal analyses based on the conceptual plans or preliminary report findings for City staff review and input. Task 2.3: Submittal and Review by City Staff MIG will submit the existing condition assessment, design report, conceptual drawings and design exhibits as well as the preliminary opinion of probable construction costs to City staff for review and input. Task 2.4: Public Input as Directed by the City Staff Based on the project assignment and the sensitivity of the proposed project, the design team will facilitate a public input meeting or public workshop to gain input, review the conceptual or preliminary work, and seek consensus. MIG will prepare PowerPoint presentations, presentation boards, material boards, and meeting minutes for community and stakeholder meetings. Task 2.5: Final Plan/Report and Cost Estimate The MIG Team will prepare a final design report, analysis, or conceptual plans that reflect staff review comments. We will update the cost estimate or financial analysis to reflect the project refinements. The final preliminary plans, design exhibits and/or report will be submitted to City staff for final review and input. Task 2.6: Submittal to City Staff MIG will submit an electronic data file of the final design report and/or conceptual drawings and design exhibits as well as the preliminary opinion of probable construction costs to the City. Phase 2 Deliverables: Conceptual Plans, Preliminary Cost Estimates, Design Exhibits, Preferred Conceptual Plan for Approval, Electronic Data File, Summary Report PHASE 3: DESIGN DEVELOPMENT DOCUMENTS AND SERVICES Task 3.1: Design Development Once the City staff have approved the final preliminary plans and preliminary opinions of probable construction costs, the MIG Team will develop design development documents to include color renderings, sketches, and all required drawings and outline specifications. MIG will meet with City staff to review design development documents, design features and technology, with respect to resource management, water conservation, energy conservation and the efficiency of maintenance and operation of the proposed facility. Any changes in design will be reflected in an updated opinion of probable costs. Upon approval of the design development documents by City staff, MIG will proceed with preparation of construction documents (drawings and specifications). Phase 3 Deliverables. Refined Design Development Plans, Outline Specifications, Cost Estimates, Electronic File City of Santa Ana I On -Call Landscape Architectural Services 10 PHASE 4: CONSTRUCTION DOCUMENTS Task 4.1: Construction Documents The base sheets will identify all existing physical and topographic conditions as well as all existing proposed improvements. Using the design development drawings and outline specifications, the MIG Team will prepare construction documents. Construction drawings will be prepared utilizing AutoCAD 2020, the City's design standards, and applicable building and development codes, Technical Specifications will be prepared in CSI format. As an example, the document package may include the following types of construction drawings. » Cover Sheet/General Notes » Demolition Plan (existing conditions plan) » Grading and Drainage Plans » Construction Layout Site Plans » Construction Details » Irrigation Plan and Details » Landscape Planting Plan and Details » Technical Specifications >> Electrical Service: Site Lighting Plan and Details Task 4.2: In -House Quality Control/Review of Construction Documents MIG will conduct a thorough in-house quality assurance/quality control review of all construction documents. We will utilize in-house quality control checklists to review all construction documents prior to submittal to the City. MIG will ensure all review and plan check comments have been resolved, addressed, and incorporated into the construction document package. Task 4.3: Construction Document Design Submittal MIG will electronically submit all completed and in-house checked construction documents to the City at agreed project milestones (typically 30%, 50%, 90%, and 100% completion.) Task 4.4: Plan Check Review Comments The MIG Team will respond to all plan check comments resulting from the City's consolidated construction document submittal. MIG will address all comments with the City's clarification on any conflicting reviews as necessary, and prepare the construction documents for final design submittal. Task 4.5: Opinion of Probable Construction Costs The MIG Team will prepare a detailed opinion of probable landscape architectural construction costs with quantities and unit prices. Task 4.6: Final Design Submittal The final design submittal will include final drawings and specifications, reports, analyses, project construction schedules, and final opinion of probable construction costs. The final design submittal shall also include an electronic data file of all submittal documents for the City's bid use. All final documents shall be stamped and signed by the appropriate design professional. Phase 4 Deliverables: Construction Documents, Cost Estimates, Stamped and Signed Final Documents, Electronic Files of Final Documents City of Santa Ana I On -Call Landscape Architectural Services 11 NY � � 1 JI I� PHASE 5: BIDDING SUPPORT SERVICES Task 5.1: Bidding Assistance The design team will be available during the bid process to assist City staff, provide clarification, prepare addenda and respond to Requests for Information (RFIs) and Requests for Clarification (RFC's), analysis of alternates, supplementary drawings, specifications review, attendance at pre -bid meeting and bids review. PHASE 6: CONSTRUCTION ADMINISTRATION SERVICES Task 6.1: Construction Administration MIG will review and approve addenda, change orders, material submittals, contractor equipment submittals, shop drawings, and clarifications to drawings and specifications. MIG will also conduct weekly site visits and provide monthly reports on construction progress and change order status. The MIG Team will attend a preconstruction site review meeting with the awarded contractor and City staff. Additionally, MIG will meet at the City's request at the project site and review installation. MIG will participate in construction progress meetings and final site reviews as required and prepare meeting minutes. All site improvement inspections will be performed by the public service agency inspectors representing the City. MIG will prepare the punch list for final completion, facilitate "as -built" drawings received from the contractor, and co -approve with the City the certificate of final completion. Phase 6 Deliverables: Monthly Reports, Site Review, Meeting Minutes, Submittals, Punch List, As -Built Drawings, and Electronic Files City of Santa Ana I On -Call Landscape Architectural Services 12 3. Relevant Project Experience MIG has a proven track record of managing complex, multi -objective parks and recreation projects that create a high degree of community support through creative design, dynamic visuals, and powerful metaphors. Below is a list of selected MIG projects, with those conducted within the last five years shown in bold. • ' • • • • • • • • • • • • • Alpine Recreation Center Expansion, Los Angeles Downey Four Parks Renovations • • • • • • • • • • • • Magic Johnson Park and Implementation, Los Angeles • • • • • • • • • • • • • • • El Dorado Park at Pacoima Wash, Los Angeles County • • • • • • • • • • • • Hart Park Renovations, West Hollywood • • • • • • Hing Hay Park, Seattle, WA • • • • • • • • • • • Lambert Park Renovation, El Monte • • • • • • • • • LANLT Wishing Tree Park, Carson • • • 1 • 1 • 1 1 1 • • • • Layne Park Revitalization, San Fernando • • • • 1 • • • • • • • • • Mendez Tribute Monument Park, Westminster • • • • • • • • • • • • • • • Pasadena Playhouse Village Park and Parking Lot • • • • • • • • • • • • • Ponderosa Park, Anaheim • • • • • • • • Santa Monica Memorial Park Renovation • • • • • • • • • • • • • • • Tustin Legacy Veterans Park • • • • • • • • • • • • Westlake Village Community Park • • • • • • • • • • Always Dream Park, Fremont • • • • • • • • • • Anaheim Coves Multi -Use Trail • • • • • • • • • • • • Anaheim Outdoors Connectivity/Urban Greening • • • • • • • • Angeles National Forest Supervisor's Office, Arcadia • • • • • • • • Arcadia Gold Line Station Plaza • • • • • • • • • • • • • • Burbank Water and Power EcoCampus • • • • • • • • • • • Compton Creek Natural Park • • • • • • • • 1 • • • • • Desiderio Park, Pasadena • • • • • • • • • 1 • • • • • Dills Park Renovation, Paramount • • • • • • • • • • 1 • • 1 • • Exposition Park Landscape Master Plan, Los Angeles • • • • • • • 1 • • • • • • • Greenleaf Parkway Parks, Compton • • • • • 1 • 1 • • • • • • Johnny Carson Park Revitalization, Burbank • • 1 • • • • • • • • • • • • • Lake Forest Serrano Creek and Pittsford Parks • • • • • • • • Liberty Park Renovation, Cerritos • • • • • • • • • • • Monrovia Station Square Transit Village Park • • • • • • • • • • • • • Monte Verde Park, Lakewood • • • • • 1 • • • Santee Town Center Community Park • • • • • • • • • • • • • • Stoneview Nature Center, Culver City • • • • • • • 1 • • • • Ventura Community Park • • • 1 • • • • • • • • • Westlake Village Canyon Oaks Park • • • • • • • 1• • • Westminster 25 Parks Renovations • • • • • • • • • • • • West Wilshire (Pan Pacific) Park Athletic Field Improvements • • • • • • • • • • Yanaguana Garden at Hemisfair Park, San Antonio, TX • • • • • • • • • • • • City of Santa Ana I On -Call Landscape Architectural Services 13 4. References Downey Four Parks Renovations Downey passed a local bond to renovate and upgrade major public facilities, including four popular community parks: Apollo, Golden, Wilderness, and Dennis -the -Menace. MIG prepared development plans, and construction documents, and provided construction support services for the landscape, hardscape, irrigation, lighted synthetic sports fields, and building access improvements. Wilderness Park also included complete replacement of two existing ponds, significant environmental enhancements, and a bicycle path connecting to the regional bikeway along the adjacent San Gabriel River. Reference: Edwin Norris, Deputy Director of Public Works City of Downey (562) 904-7110 enorris@downeyca.org Veterans Park at Tustin Legacy MIG prepared the master plan and construction documents for this 31.5-acre park at the former Tustin Marine Corps Station. This "flagship" community sports park has four soccer fields, three ballfields, four tennis courts, two basketball courts, and eight pickle ball courts, all of which are lighted for night-time use. Other improvements include a children's play environment, splash pad, concession/restroom building, perimeter walking trail with exercise stations, passive open space and on -site parking for 456 cars. A signature element of the park is an impressive monument plaza commemoring veterans, military personnel, and the historic significance of the base. Reference: Chad Clanton, Director of Parks and Recreation City of Tustin (714) 573-3326 cclanton@tustinca.org Magic Johnson Park and Implementation MIG elevated Magic Johnson Park into a high-performance model of 21st century sustainable design. We developed a conceptual master plan for the 120-acre park that combines new recreation amenities with green infrastructure. We designed the Phase 1 improvements including: a new community events center; a lakeside community loop trail with picnic areas, fitness equipment, and scenic viewpoints; a destination children's play area and outdoor classroom; and native landscaping. The design, also features landscape infrastructure functioning as a natural filtration and irrigation system that benefits both human and natural ecologies. Stormwater runoff is directed to a biofiltration area in the form of mitigated wetland surrounding one of the park's two lakes. The filtered water fills the lake and is recirculated to irrigate the park. In addition, the wetland creates a habitat for birds, insects, and other urban wildlife. The park received the top Award of Excellence at the Southern California ASLA 2021 Quality of Life Awards. Reference: Sean Sackett, Capitol Project Group County of Los Angeles Department of Parks and Recreation (626) 588-5351 ssackett@pa rks.l acou nty.gov City of Santa Ana I On -Call Landscape Architectural Services 14 Mendez Tribute Monument Park In a collaborative effort between MIG, artist Ignacio Gomez, the City of Westminster, and Orange County Department of Education, Westminster developed a tribute park, monument and trail honoring Gonzalo and Felicitas Mendez, plaintiffs in the 1946 landmark desegregation Mendez vs. Westminster civil rights case. It preceded the famous U.S. Supreme Court 1954 Brown vs. Board of Education decision of national desegregation of public education. The .02- acre site features sculptures of the Mendez parents and their two children taking the first step into the school they had been denied to attend. Improvements include a park plaza with seating and an interactive station with interpretive panels and augmented reality features to share the Mendez story with visitors. The design incorporates drought tolerant plantings, accent and security lighting, water -saving irrigation technology, dry creek bed and depressed planting areas used to capture on -site storm water. Reference: Adolfo Ozaeta, Interim Assistant to the City Manager/Transportation Manager City of Westminster (714) 548-3462 1 aozaeta@westminster-ca.gov Westlake Village Community Park MIG developed the conceptual plan, design development and construction documents for this 20-acre hillside park. The site provides a variety of active recreation including: lighted fields for soccer, baseball and softball; children' play areas; in -ground skate park; perimeter jogging/walking trail, restroom concession building, picnic facilities, maintenance building and yard. A cooperative development includes a YMCA building and pool complex centrally located in the park. Sports fields are synthetic turf to reduce operational costs and conserve water. The slopes were landscaped with drought tolerant and native plant species blending into the adjacent oak woodland foothills. Reference: Roxanne Hughes, City Engineer City of Westlake Village (805) 890-8885 1 rhughes@willdan.com Lambert Park Renovation, Phase I MIG prepared a refined Master Plan, construction documents and provided construction support for this multi -phased park renovation project. The first phase renovations included a restroom concession building, play area, fitness zone, multi -use plaza, walking trails, parking lot improvements, security lighting, planting and irrigation and monument sign. Pending funding, he second phase improvements will include three ballfields, group shade shelter, perimeter walking trail and drought tolerant planting and upgraded irrigation. Reference: Alan Palermo, Consulting Project Manager City of El Monte (310) 717-3244 1 alanmpal@gmail.com City of Santa Ana I On -Call Landscape Architectural Services 15 Appendix ATTACHMENT3-1: NON-COLLUSIONAFFIDAVIT CERTIFICATIONS . NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITYOF SANTAANADEPARTAIENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, fwther, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or datarelative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal Signing this Proposal on the signature portion thereof shall also constitute signature of this Non -collusion Affidavit. BIDDERS are cautione�j that making a false certification y subject the certifier to criminal prosecution. Signed . U� State of California County of Subscribed and sworn to (or affirm before me on this day of 20v by proved to on the basis of satisfactory evidence to be the person(s) who appeared before me. fee gj�40Ae Notary Public Sea] ntv ofcome A-- I I.. City of Santa Ana I On -Call Landscape Architectural Services 26 CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE y 8202 HSee Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary) 2 4 I Signature of Document Signer No. i Signature of Document Signer No. 2 (f any) A notarypublic orother officer completing this certificate verifies onlythe identity of the individual who signed the document to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document. State of California Countyof U0 n v--o _0_YLAN CHR STOPHER 10NG Notary Pubifc - CaOfamia Los Angeles County Commission a 2344030 My Comm. Expires Jan 27, 20i5 Place Notary Seal and/or Stamp Above Subscribed and sworn to (or affirmed) before me on this -&�-- day of L:IL%IA , 20-13 by Dote Month Year (and (2) ) Nomek of Signerk Proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Signature ' v ` ✓� OPTIONAL Completing this information can deter ai fraudulent reattachment of this form t Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named ove: 02019 National Notary Association Signature of Notary Public Won of the document or unintended document. M1304-08 (09/19) Number of Pages: City of Santa Ana I On -Call Landscape Architectural Services 27 Appendix ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: No federal appropriated funds have been paid or will be paid, by or on behalf ofthe undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds otherthan federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of anyfederal agency, a Member of Congress, an officer or employee of Congress, or an employee of Member of Congress in connection with this federal contract, grantloan, loan or cooperative agreement, the undersigned shall complete and submit a"Disclosure of Lobbying Activities". This certification is a material representation offact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require thatthe language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Moore Iacofano Goltsman, Inc. (dba MIG) Signed and Printed Name:.® ' Title principal -in -Charge Date March 15, 2023 City of Santa Ana I On -Call Landscape Architectural Services 28 Appendix ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION CERTIFICATIONS The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post ill conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rude, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted City of Santa Ana I On -Call Landscape Architectural Services 29 by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a sub -consultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, No discrunmation shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties unposed for a violation of the Chapter. Signed: N�' ' 1 • ? Title: Principal -in -Charge Finn: Moore lacofano Goltsman, Inc. (dba MIG) March 15, 2023 Date: City of Santa Ana I On -Call Landscape Architectural Services 30 EXHIBIT C COMPENSATION Consultant's Fee Proposal including hourly rates if applicable Fee Proposal Billing Rate Schedule Unless specified otherwise by prior agreement, invoices are submitted monthly showing time and charges for professional services by staff category and a separate figure for expenses. Invoices are payable upon receipt. Invoices unpaid past 30 days are subject to interest at 11/2% per month. MIG Inc., labor includes all overhead. Rates will increase 3% each additional year. MIG Billing Rates Principal $225 Director/Senior Project Manager $195 Project Manager $165 Senior Landscape Architect $175 Landscape Architect $145 Landscape Designer $115 Senior Planner $180 Planner $145 Assistant Planner $90 ADA Specialist $135 Senior Facilitator $180 Outreach Specialist (bilingual) $120 Associate Facilitator $110 Strategic Communications Expert $195 Arts Director $180 Senior Web Designer $155 Design Visualization $150 Graphic Designer $140 GIS Specialist $130 Support Staff $95 Expenses • �x•�aerna Commercial travel Cos Automobile travel Current IRS rate Lodging/Meals Cost+10`Yo Photocopy (A and B sizes) $0.10/image Color copies $0.50/image Commercial report reproduction Cost+10% Noise meter setup $50/unit/day Subcontractors Cost+10% Other (lab, aerial photos, etc.) Cost+10% LRA Billing Rates Principal Engineer $145 Project Design Engineer $125 Draftsperson $100 BKF Billing Rates • • • ro-nia��s�r� Senior Project Manager $237 Project Manager $231 Senior Project Engineer $198 Project Engineer $175 Design Engineer $151 Draftsperson $113-$149 Surveyor $127-$198 City of Santa Ana I On -Call Landscape Architectural Services 1 Rodriquez, Teresa From: City of Santa Ana <certificate-request@ctrax.jdidata.com> Sent: Tuesday, May 23, 2023 11:46 AM To: Rodriguez, Teresa; certificates@dealeyrenton.com; certsdesignpro@assuredpartners.com; hillsboroughfence@yahoo.com; Burrola, Melissa; Furjanic, Suzi; sharynt@migcom.com; Thomas, Sean Subject: Internal Notice of Compliance 0 NOTICE OF COMPLIANCE CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL Contractor MIG, Inc. Name: Project A-2022-235 Number: Project Agreement With MIG, Inc. To Provide Full Concept Design For The City Name: Of Santa Ana Dog Park The Certificate of Insurance (COI) submitted indicates that the coverages are in compliance with the insurance requirements. No further action is required at this time. The compliant coverage(s) are: TYPE OF INSURANCE AUTOMOBILE LIABILITY GENERAL LIABILITY PROFESSIONAL LIABILITY POLICY EXPIRATION NUMBER DATE COI DATE BAOS579947 08/31/2023 12/08/2022 6801H899998 AEC905795904 08/31/2023 10/17/2022 08/31/2023 10/17/2022 FILE NAME City-of-Santa-Ana- P_M IG-I nc- _DEFAULT--- GAU W_12-8- 2022_823072347.pdf The-City-of-Santa- A_MIG,-Inc- _DEFAULT--- GAUW_10-17- 2022_369668299.pdf The-City-of-Santa- A_M IG,-I nc- _DEFAULT--- GAU W_10-17- 2022_369668299.pdfl 1 TYPE OF INSURANCE POLICY NUMBER '< EXPIRATION -DATE COI DATE FILE NAME The -City -of -Santa - WORKERS COMPENSATION AND EMPLOYERS' A_MIG,-Inc- U621_553909 08/31/2023 10/17/2022 LIABILITY _DEFAULT--- GAU W_10-17- 2022_369668299.pdf Thank you, City of Santa Ana Risk Management Division in partnership with CTrax Plus Services Team 5/23/2023 2:45 PM DATE(MM/DD/YYYY) A�" CERTIFICATE OF LIABILITY INSURANCE 8/26/2026 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Annl Owens AssuredPartners Design Professionals Insurance Services, LLC PHONE FAX 1325 4th Ave, Suite 2100 A/C No Ext: 510-272-1465 A/C,No): E-MSeattle WA 98101 ADDRESS: CertsDesignPro@AssuredPartners.com INSURER(S)AFFORDING COVERAGE NAIC# License#:6003745 INSURERA:Travelers Property Casualty Company of America 25674 INSURED MIGINCO-01 INSURERB: National Indemnity Company 20087 MIG, Inc. Moore Iacofano Goltsman, Inc. INsuRERc:Twin City Fire Insurance Company 29459 800 Hearst Ave INSURER D:Travelers Casualty and Surety Co of America 31194 Berkeley CA 94710 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER:46749704 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICYNUMBER MM/DD MM/DD A X COMMERCIAL GENERAL LIABILITY Y Y 6801H899998 8/31/2026 8/31/2027 EACH OCCURRENCE $1,000,000 DAMAGES( RENTED CLAIMS-MADE OCCUR PREMISES Ea occurrence) ccurrence) $1,000,000 X Contractual Liab MED EXP(Any one person) $10,000 Included PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY� ECT � LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY Y Y BAOS579947 8/31/2026 8/31/2027 COMBINED SINGLE LIMIT $1,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident A X UMBRELLA LAB X OCCUR Y Y CUPOH758762 8/31/2026 8/31/2027 EACH OCCURRENCE $10,000,000 EXCESS LAB CLAIMS-MADE AGGREGATE $10,000,000 DED X RETENTION$n $ A WORKERS COMPENSATION Y UB2L553909 8/31/2026 8/31/2027 X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? FN] N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 D Professional Liab&Contr.Poll 108566922 8/31/2026 8/31/2027 Per Claim/$5,000,000 $5,000,000/Aggr B Drone Liability 9004014 8/31/2026 8/31/2027 Limit $1,000,000 C Cyber Liability 57MB03555202601 8/31/2026 8/31/2027 Limit $2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The following policies are included in the underlying schedule of insurance for umbrella/excess liability:General Liability/Auto Liability/Employers Liability/Employee Benefits Liability. Project Name:City of Santa Ana On-call Graphic Design Services. City of Santa Ana Public Works, its City Council, its officers,officials,employees,and volunteers are named as additional insureds as respects general liability as required per written contract. General Liability is Primary/Non-Contributory per policy form wording. Insurance coverage includes waiver of subrogation per the attached endorsement(s). SEVERABILITY OF INTERESTS Separation of Insureds-Except with respect to the Limits of Insurance,and any rights or duties specifically assigned in this Coverage Part to the first Named See Attached... CERTIFICATE HOLDER APPROVED CANCELLATION 30 Day Notice of Cancellation By Tu Tran Nguyen at 9:16 am,Sep 18,2026 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Santa Ana Public Works 20 Civic Center Plaza, M-36 AUTHORIZED REPRESENTATIVE Santa Ana CA 92701 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: MIGINCO-01 LOC#: ,a`oRo ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Assured Partners Design Professionals Insurance Services, LLC MIG, Inc. Moore lacofano Goltsman, Inc. POLICY NUMBER 800 Hearst Ave Berkeley CA 94710 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE 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. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: BAOS579947 ISSUE DATE: 08/31/2026 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED PERSON OR ORGANIZATION - NOTICE OF CANCELLATION OR NONRENEWAL PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: Number of Days Notice: 30 WHEN WE DO NOT RENEW(Nonrenewal): Number of Days Notice: 30 PERSON OR ORGANIZATION: ANY PERSON OR ORGANIZATION TO WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT THAT NOTICE OF CANCELLATION OR NONRENEWAL OF THIS POLICY WILL BE GIVEN, BUT ONLY IF: 1. YOU SEND US A WRITTEN REQUEST TO PROVIDE SUCH NOTICE, INCLUDING THE NAME AND ADDRESS OF SUCH PERSON OR ORGANIZATION, AFTER THE FIRST NAMED INSURED RECEIVES NOTICE FROM US OF THE CANCELLATION OR NONRENEWAL OF THIS POLICY; AND 2. WE RECEIVE SUCH WRITTEN REQUEST AT LEAST 14 DAYS BEFORE THE BEGINNING OF THE APPLICABLE NUMBER OF DAYS SHOWN IN THIS SCHEDULE. ADDRESS: THE ADDRESS FOR THAT PERSON OR ORGANIZ- ATION INCLUDED IN SUCH WRITTEN REQUEST FROM YOU TO US. PROVISIONS B. If we do not renew this policy for any legally A. If we cancel this policy for any legally permitted permitted reason other than nonpayment of reason other than nonpayment of premium, and a premium, and a number of days is shown for number of days is shown for Cancellation in the When We Do Not Renew (Nonrenewal) in the Schedule above, we will mail notice of Schedule above, we will mail notice of cancellation to the person or organization shown nonrenewal to the person or organization shown in such Schedule. We will mail such notice to the in such Schedule. We will mail such notice to the address shown in the Schedule above at least the address shown in the Schedule above at least the number of days shown for Cancellation in such number of days shown for When We Do Not Schedule before the effective date of cancellation. Renew (Nonrenewal) in such Schedule before the effective date of nonrenewal. IL T4 00 05 19 ©2019 The Travelers Indemnity Company.All rights reserved. Page 1 of 1 POLICY NUMBER: 68011-1899998 ISSUE DATE: 08/31/2026 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED PERSON OR ORGANIZATION - NOTICE OF CANCELLATION OR NONRENEWAL PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: Number of Days Notice: 30 WHEN WE DO NOT RENEW(Nonrenewal): Number of Days Notice: 30 PERSON OR ORGANIZATION: ANY PERSON OR ORGANIZATION TO WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT THAT NOTICE OF CANCELLATION OR NONRENEWAL OF THIS POLICY WILL BE GIVEN, BUT ONLY IF: 1. YOU SEND US A WRITTEN REQUEST TO PROVIDE SUCH NOTICE, INCLUDING THE NAME AND ADDRESS OF SUCH PERSON OR ORGANIZATION, AFTER THE FIRST NAMED INSURED RECEIVES NOTICE FROM US OF THE CANCELLATION OR NONRENEWAL OF THIS POLICY; AND 2. WE RECEIVE SUCH WRITTEN REQUEST AT LEAST 14 DAYS BEFORE THE BEGINNING OF THE APPLICABLE NUMBER OF DAYS SHOWN IN THIS SCHEDULE. ADDRESS: THE ADDRESS FOR THAT PERSON OR ORGANIZ- ATION INCLUDED IN SUCH WRITTEN REQUEST FROM YOU TO US. PROVISIONS B. If we do not renew this policy for any legally A. If we cancel this policy for any legally permitted permitted reason other than nonpayment of reason other than nonpayment of premium, and a premium, and a number of days is shown for number of days is shown for Cancellation in the When We Do Not Renew (Nonrenewal) in the Schedule above, we will mail notice of Schedule above, we will mail notice of cancellation to the person or organization shown nonrenewal to the person or organization shown in such Schedule. We will mail such notice to the in such Schedule. We will mail such notice to the address shown in the Schedule above at least the address shown in the Schedule above at least the number of days shown for Cancellation in such number of days shown for When We Do Not Schedule before the effective date of cancellation. Renew (Nonrenewal) in such Schedule before the effective date of nonrenewal. IL T4 00 05 19 ©2019 The Travelers Indemnity Company.All rights reserved. Page 1 of 1 POLICY NUMBER: CUPOH758762 ISSUE DATE: 08/31/2026 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED PERSON OR ORGANIZATION - NOTICE OF CANCELLATION OR NONRENEWAL PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: Number of Days Notice: 30 WHEN WE DO NOT RENEW(Nonrenewal): Number of Days Notice: 30 PERSON OR ORGANIZATION: ANY PERSON OR ORGANIZATION TO WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT THAT NOTICE OF CANCELLATION OR NONRENEWAL OF THIS POLICY WILL BE GIVEN, BUT ONLY IF: 1. YOU SEND US A WRITTEN REQUEST TO PROVIDE SUCH NOTICE, INCLUDING THE NAME AND ADDRESS OF SUCH PERSON OR ORGANIZATION, AFTER THE FIRST NAMED INSURED RECEIVES NOTICE FROM US OF THE CANCELLATION OR NONRENEWAL OF THIS POLICY; AND 2. WE RECEIVE SUCH WRITTEN REQUEST AT LEAST 14 DAYS BEFORE THE BEGINNING OF THE APPLICABLE NUMBER OF DAYS SHOWN IN THIS SCHEDULE. ADDRESS: THE ADDRESS FOR THAT PERSON OR ORGANIZ- ATION INCLUDED IN SUCH WRITTEN REQUEST FROM YOU TO US. PROVISIONS B. If we do not renew this policy for any legally A. If we cancel this policy for any legally permitted permitted reason other than nonpayment of reason other than nonpayment of premium, and a premium, and a number of days is shown for number of days is shown for Cancellation in the When We Do Not Renew (Nonrenewal) in the Schedule above, we will mail notice of Schedule above, we will mail notice of cancellation to the person or organization shown nonrenewal to the person or organization shown in such Schedule. We will mail such notice to the in such Schedule. We will mail such notice to the address shown in the Schedule above at least the address shown in the Schedule above at least the number of days shown for Cancellation in such number of days shown for When We Do Not Schedule before the effective date of cancellation. Renew (Nonrenewal) in such Schedule before the effective date of nonrenewal. IL T4 00 05 19 ©2019 The Travelers Indemnity Company.All rights reserved. Page 1 of 1 Policy #: BAOS579947 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM PROVISIONS 2. The following is added to Paragraph B.S., Other 1. The following is added to Paragraph A.1.c., Who Insurance of SECTION IV — BUSINESS AUTO Is An Insured, of SECTION II — COVERED CONDITIONS: AUTOS LIABILITY COVERAGE: Regardless of the provisions of paragraph a. and This includes any person or organization who you paragraph d. of this part 5. Other Insurance, this are required under a written contract or insurance is primary to and non-contributory with agreement between you and that person or applicable other insurance under which an organization, that is signed by you before the additional insured person or organization is the "bodily injury" or "property damage" occurs and first named insured when the written contract or that is in effect during the policy period, to name agreement between you and that person or as an additional insured for Covered Autos organization, that is signed by you before the Liability Coverage, but only for damages to which "bodily injury" or "property damage" occurs and this insurance applies and only to the extent of that is in effect during the policy period, requires that person's or organization's liability for the this insurance to be primary and non-contributory. conduct of another"insured". CA T4 74 02 16 ©2016 The Travelers Indemnity Company.All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc.with its permission. 6801H899998 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part for"bodily injury" or"property damage" included in the "products- completed operations hazard", provided that such contract was signed and executed by you before, and is in effect when, the bodily injury or property damage occurs. Location And Description Of Completed Operations Any project to which an applicable contract described in the Name of Additional Insured Person(s) or Organization(s) section of this Schedule applies. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to in- location designated and described in the schedule of clude as an additional insured the person(s) or or- this endorsement performed for that additional in- ganization(s) shown in the Schedule, but only with sured and included in the "products-completed opera- respect to liability for "bodily injury" or "property dam- tions hazard". age" caused, in whole or in part, by "your work" at the CG 20 37 07 04 08/31/2026 © ISO Properties, Inc., 2004 Page 1 of 1 CG T8 OX XX XX DATE OF ISSUE: 6801H899998 COMMERCIAL GENERAL LIABILITY POLICY NUMBER THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Names of Additional Insured Person(s) or Organization(s): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part, provided that such written contract was signed by you before, and is in effect when, the "bodily injury" or"property damage" occurs or the "personal injury" or"advertising injury" offense is committed. Location of Covered Operations: Any project to which a written contract with the Additional Insured Person(s) or Organization(s) in the Schedule applies. (Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) A. Section II — Who Is An Insured is amended to in- This insurance does not apply to "bodily injury" or clude as an additional insured the person(s) or "property damage" occurring, or "personal injury" organization(s) shown in the Schedule, but only or "advertising injury" arising out of an offense with respect to liability for"bodily injury", "property committed, after: damage", "personal injury" or "advertising injury" 1. All work, including materials, parts or equip- caused, in whole or in part, by: ment furnished in connection with such work, 1. Your acts or omissions; or on the project (other than service, mainte- 2. The acts or omissions of those acting on your nance or repairs) to be performed by or on behalf; behalf of the additional insured(s) at the loca- tion of the covered operations has been com- in the performance of your ongoing operations for pleted; or the additional insured(s) at the location(s) desig- nated above. 2. That portion of "your work" out of which the injury or damage arises has been put to its in- B. With respect to the insurance afforded to these tended use by any person or organization additional insureds, the following additional exclu- other than another contractor or subcontrac- sions apply: for engaged in performing operations for a principal as a part of the same project. CG D3 61 03 05 CopyrighPHU90i%St. Paul Travelers Companies, Inc. All rights reserved. Page 1 of 1 CG T8 OX XX XX Includes copyrighted material of Insurance Services Office, Inc. with its permission. DATE OF ISSUE: POLICY NUMBER: BAOS579947 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF B. BLANKET ADDITIONAL INSURED USE—INCREASED LIMIT C. EMPLOYEE HIRED AUTO 1. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES—INCREASED LIMIT D. EMPLOYEES AS INSURED J. PERSONAL PROPERTY E. SUPPLEMENTARY PAYMENTS — INCREASED K. AIRBAGS LIMITS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR F. HIRED AUTO — LIMITED WORLDWIDE COV- LOSS ERAGE—INDEMNITY BASIS M. BLANKET WAIVER OF SUBROGATION G. WAIVER OF DEDUCTIBLE—GLASS N. UNINTENTIONAL ERRORS OR OMISSIONS PROVISIONS A. BROAD FORM NAMED INSURED this insurance applies and only to the extent that The following is added to Paragraph A.1., Who Is person or organization qualifies as an "insured" An Insured, of SECTION II — COVERED AUTOS under the Who Is An Insured provision contained in Section 11. LIABILITY COVERAGE: Any organization you newly acquire or form dur- C. EMPLOYEE HIRED AUTO ing the policy period over which you maintain 1. The following is added to Paragraph A.1., 50% or more ownership interest and that is not Who Is An Insured, of SECTION II — COV- separately insured for Business Auto Coverage. ERED AUTOS LIABILITY COVERAGE: Coverage under this provision is afforded only un- An "employee" of yours is an "insured" while til the 180th day after you acquire or form the or- operating an "auto" hired or rented under a ganization or the end of the policy period, which- contract or agreement in an "employee's" ever is earlier. name, with your permission, while performing duties related to the conduct of your busi- B. BLANKET ADDITIONAL INSURED ness. The following is added to Paragraph c. in A.1., 2. The following replaces Paragraph b. in B.S., Who Is An Insured, of SECTION II — COVERED Other Insurance, of SECTION IV — BUSI- AUTOS LIABILITY COVERAGE: NESS AUTO CONDITIONS: Any person or organization who is required under b. For Hired Auto Physical Damage Cover- a written contract or agreement between you and age, the following are deemed to be cov- that person or organization, that is signed and ered "autos"you own: executed by you before the "bodily injury" or (1) Any covered "auto" you lease, hire, "property damage" occurs and that is in effect rent or borrow; and during the policy period, to be named as an addi- (2) Any covered "auto" hired or rented by tional insured is an "insured" for Covered Autos your "employee" under a contract in Liability Coverage, but only for damages to which an "employee's" name, with your CA T3 53 02 15 ©2015 The Travelers Indemnity Company.All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO permission, while performing duties (a) With respect to any claim made or "suit" related to the conduct of your busi- brought outside the United States of ness. America, the territories and possessions However, any "auto" that is leased, hired, of the United States of America, Puerto rented or borrowed with a driver is not a Rico and Canada: covered "auto". (i) You must arrange to defend the "in- D. EMPLOYEES AS INSURED sured" against, and investigate or set- tle any such claim or "suit" and keep The following is added to Paragraph A.1., Who Is us advised of all proceedings and ac- An Insured, of SECTION II — COVERED AUTOS tions. LIABILITY COVERAGE: Any "employee" of yours is an "insured" while us- (ii) Neither you nor any other involved ing a covered "auto" you don't own, hire or borrow "insured" will make any settlement in your business or your personal affairs. without our consent. E. SUPPLEMENTARY PAYMENTS — INCREASED (iii)We may, at our discretion, participate LIMITS in defending the "insured" against, or in the settlement of, any claim or 1. The following replaces Paragraph A.2.a.(2), "suit". of SECTION II — COVERED AUTOS LIABIL- ITY COVERAGE: (iv)We will reimburse the "insured" for sums that the "insured" legally must (2) Up to $3,000 for cost of bail bonds (in- pay as damages because of "bodily cluding bonds for related traffic law viola- injury" or "property damage" to which tions) required because of an "accident" this insurance applies, that the "in- we cover. We do not have to furnish sured" pays with our consent, but these bonds. only up to the limit described in Para- graph C., Limits Of Insurance, of 2. The following replaces Paragraph A.2.a.(4), SECTION II — COVERED AUTOS of SECTION II — COVERED AUTOS LIABIL-ITY COVERAGE: LIABILITY COVERAGE. (4) All reasonable expenses incurred by the (v) We will reimburse the "insured" for "insured" at our request, including actual the reasonable expenses incurred loss of earnings up to $500 a day be- with our consent for your investiga- cause of time off from work. tion of such claims and your defense of the "insured" against any such F. HIRED AUTO — LIMITED WORLDWIDE COV- "suit", but only up to and included ERAGE—INDEMNITY BASIS within the limit described in Para- The following replaces Subparagraph (5) in Para- graph C., Limits Of Insurance, of graph B.7., Policy Period, Coverage Territory, SECTION II — COVERED AUTOS of SECTION IV — BUSINESS AUTO CONDI- LIABILITY COVERAGE, and not in TIONS: addition to such limit. Our duty to (5) Anywhere in the world, except any country or make such payments ends when we have used up the applicable limit of jurisdiction while any trade sanction, em- insurance in payments for damages, bargo, or similar regulation imposed by the settlements or defense expenses. United States of America applies to and pro- hibits the transaction of business with or (b) This insurance is excess over any valid within such country or jurisdiction, for Cov- and collectible other insurance available ered Autos Liability Coverage for any covered to the "insured" whether primary, excess, "auto" that you lease, hire, rent or borrow contingent or on any other basis. without a driver for a period of 30 days or less (c) This insurance is not a substitute for re- and that is not an "auto" you lease, hire, rent quired or compulsory insurance in any or borrow from any of your "employees", country outside the United States, its ter- partners (if you are a partnership), members ritories and possessions, Puerto Rico and (if you are a limited liability company) or Canada. members of their households. Page 2 of 4 ©2015 The Travelers Indemnity Company.All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO You agree to maintain all required or (2) In or on your covered "auto". compulsory insurance in any such coun- This coverage applies only in the event of a total try up to the minimum limits required by theft of your covered "auto". local law. Your failure to comply with compulsory insurance requirements will No deductibles apply to this Personal Property not invalidate the coverage afforded by coverage. this policy, but we will only be liable to the K. AIRBAGS same extent we would have been liable The following is added to Paragraph B.3., Exclu- had you complied with the compulsory in- sions, of SECTION III — PHYSICAL DAMAGE surance requirements. COVERAGE: (d) It is understood that we are not an admit- Exclusion 3.a. does not apply to "loss" to one or ted or authorized insurer outside the more airbags in a covered "auto" you own that in- United States of America, its territories flate due to a cause other than a cause of "loss" and possessions, Puerto Rico and Can- set forth in Paragraphs A.1.b. and A.1.c., but ada. We assume no responsibility for the only: furnishing of certificates of insurance, or a. If that "auto" is a covered "auto" for Compre- for compliance in any way with the laws hensive Coverage under this policy; of other countries relating to insurance. b. The airbags are not covered under any war- G. WAIVER OF DEDUCTIBLE—GLASS ranty-, and The following is added to Paragraph D., Deducti- c. The airbags were not intentionally inflated. ble, of SECTION III — PHYSICAL DAMAGE We will pay up to a maximum of $1,000 for any COVERAGE: one "loss". No deductible for a covered "auto" will apply to L. NOTICE AND KNOWLEDGE OF ACCIDENT OR glass damage if the glass is repaired rather than LOSS replaced. The following is added to Paragraph A.2.a., of H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF SECTION IV—BUSINESS AUTO CONDITIONS: USE—INCREASED LIMIT Your duty to give us or our authorized representa- The following replaces the last sentence of Para- tive prompt notice of the "accident" or "loss" ap- graph A.4.b., Loss Of Use Expenses, of SEC- plies only when the "accident' or "loss" is known TION III —PHYSICAL DAMAGE COVERAGE: to: However, the most we will pay for any expenses (a) You (if you are an individual); for loss of use is $65 per day, to a maximum of (b) A partner (if you are a partnership); $750 for any one "accident'. (c) A member (if you are a limited liability com- I. PHYSICAL DAMAGE — TRANSPORTATION pany); EXPENSES—INCREASED LIMIT (d) An executive officer, director or insurance The following replaces the first sentence in Para- manager (if you are a corporation or other or- graph A.4.a., Transportation Expenses, of ganization); or SECTION III — PHYSICAL DAMAGE COVER- (e) Any "employee" authorized by you to give no- AGE: tice of the "accident' or"loss". We will pay up to $50 per day to a maximum of M. BLANKET WAIVER OF SUBROGATION $1,500 for temporary transportation expense in- The following replaces Paragraph A.S., Transfer curred by you because of the total theft of a cov- Of Rights Of Recovery Against Others To Us, ered "auto" of the private passenger type. of SECTION IV — BUSINESS AUTO CONDI- J. PERSONAL PROPERTY TIONS : The following is added to Paragraph A.4., Cover- S. Transfer Of Rights Of Recovery Against age Extensions, of SECTION III — PHYSICAL Others To Us DAMAGE COVERAGE: We waive any right of recovery we may have Personal Property against any person or organization to the ex- tent required of you by a written contract We will pay up to $400 for "loss" to wearing ap- signed and executed prior to any "accident' parel and other personal property which is: or "loss", provided that the "accident' or"loss" (1) Owned by an "insured"; and arises out of operations contemplated by CA T3 53 02 15 ©2015 The Travelers Indemnity Company.All rights reserved. Page 3 of 4 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO such contract. The waiver applies only to the The unintentional omission of, or unintentional person or organization designated in such error in, any information given by you shall not contract. prejudice your rights under this insurance. How- N. UNINTENTIONAL ERRORS OR OMISSIONS ever this provision does not affect our right to col- The following is added to Paragraph B.2., Con- lect additional premium or exercise our right of cealment, Misrepresentation, Or Fraud, of cancellation or non-renewal. SECTION IV—BUSINESS AUTO CONDITIONS: Page 4 of 4 ©2015 The Travelers Indemnity Compa ny.All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Office,Inc.with its permission. Policy# 6801 H899998 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT FOR ARCHITECTS, ENGINEERS AND SURVEYORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. Non-Owned Watercraft—75 Feet Long Or Less H. Blanket Additional Insured — Governmental B. Who Is An Insured —Unnamed Subsidiaries Entities — Permits Or Authorizations Relating To Premises C. Who Is An Insured — Retired Partners, Members, Directors And Employees I. Blanket Additional Insured — Governmental D. Who Is An Insured — Employees And Volunteer Entities — Permits Or Authorizations Relating To Workers — Bodily Injury To Co-Employees, Co- Operations Volunteer Workers And Retired Partners, J. Incidental Medical Malpractice Members, Directors And Employees K. Medical Payments— Increased Limit E. Who Is An Insured — Newly Acquired Or Formed L. Amendment Of Excess Insurance Condition — Limited Liability Companies Professional Liability F. Blanket Additional Insured —Controlling Interest M. Blanket Waiver Of Subrogation —When Required G. Blanket Additional Insured — Mortgagees, By Written Contract Or Agreement Assignees, Successors Or Receivers N. Contractual Liability—Railroads PROVISIONS uses or is responsible for the use of a A. NON-OWNED WATERCRAFT — 75 FEET watercraft that you do not own that is: LONG OR LESS (1) 75 feet long or less; and 1. The following replaces Paragraph (2) of (2) Not being used to carry any person Exclusion g., Aircraft, Auto Or Watercraft, or property for a charge; in Paragraph 2. of SECTION I — B. WHO IS AN INSURED — UNNAMED COVERAGES — COVERAGE A — BODILY SUBSIDIARIES INJURY AND PROPERTY DAMAGE The following is added to SECTION II —WHO IS LIABILITY: AN INSURED: (2) A watercraft you do not own that is: Any of your subsidiaries, other than a partnership (a) 75 feet long or less; and or joint venture, that is not shown as a Named (b) Not being used to carry any person Insured in the Declarations is a Named Insured or property for a charge; if: 2. The following replaces Paragraph 2.e. of a. You are the sole owner of, or maintain an SECTION II—WHO IS AN INSURED: ownership interest of more than 50% in, such e. Any person or organization that, with subsidiary on the first day of the policy your express or implied consent, either period; and CG D3 79 02 19 ©2017 The Travelers Indemnity Company.All rights reserved. Page 1 of 6 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL GENERAL LIABILITY b. Such subsidiary is not an insured under Unless you are in the business or occupation similar other insurance. of providing professional health care No such subsidiary is an insured for "bodily services, Paragraphs (1)(a), (b), (c) and (d) injury" or "property damage" that occurred, or above do not apply to "bodily injury" arising out of providing or failing to provide first aid personal and advertising injury caused by an or"Good Samaritan services" by any of your offense committed: retired partners, members, directors or a. Before you maintained an ownership interest "employees", other than a doctor. Any such of more than 50% in such subsidiary; or retired partners, members, directors or b. After the date, if any, during the policy period "employees" providing or failing to provide that you no longer maintain an ownership first aid or "Good Samaritan services" during interest of more than 50% in such subsidiary. their work hours for you will be deemed to be acting within the scope of their employment For purposes of Paragraph 1. of Section II —Who by you or performing duties related to the Is An Insured, each such subsidiary will be conduct of your business. deemed to be designated in the Declarations as: (2) "Personal injury": a. A limited liability company; (a) To you, to your current or retired b. An organization other than a partnership, partners or members (if you are a joint venture or limited liability company; or partnership or joint venture), to your c. A trust; current or retired members (if you are a as indicated in its name or the documents that limited liability company), to your other current or retired directors or govern its structure. "employees" while in the course of his or C. WHO IS AN INSURED— RETIRED PARTNERS, her employment or performing duties MEMBERS, DIRECTORS AND EMPLOYEES related to the conduct of your business, The following is added to Paragraph 2. of or to your other "volunteer workers" while performing duties related to the SECTION II—WHO IS AN INSURED: conduct of your business; Any person who is your retired partner, member, (b) To the spouse, child, parent, brother or director or"employee"that is performing services sister of that current or retired partner, for you under your direct supervision, but only for member, director, "employee" or acts within the scope of their employment by you "volunteer worker' as a consequence of or while performing duties related to the conduct Paragraph (2)(a) above; of your business. However, no such retired (c) For which there is any obligation to partner, member, director or "employee" is an share damages with or repay someone insured for: else who must pay damages because of the injury described in Paragraph (2)(a) (1) "Bodily injury": or(b) above; or (a) To you, to your current partners or (d) Arising out of his or her providing or members (if you are a partnership or failing to provide professional health care joint venture), to your current members services. (if you are a limited liability company) or to your current directors; (3) "Property damage" to property: (b) To the spouse, child, parent, brother or (a) Owned, occupied or used by; or sister of that current partner, member or (b) Rented to, in the care, custody or control director as a consequence of Paragraph (1)(a) above; of, or over which physical control is being exercised for any purpose by; (c) For which there is any obligation to share damages with or repay someone you, any of your retired partners, members else who must pay damages because of or directors, your current or retired the injury described in Paragraph (1)(a) "employees" or "volunteer workers", any or(b) above; or current partner or member (if you are a (d) Arising out of his or her providing or partnership or joint venture), or any current failing to provide professional health care member (if you are a limited liability services. company) or current director. Page 2 of 6 ©2017 The Travelers Indemnity Company.All rights reserved. CG D3 79 02 19 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL GENERAL LIABILITY D. WHO IS AN INSURED — EMPLOYEES AND organization will be deemed to be VOLUNTEER WORKERS — BODILY INJURY designated in the Declarations as: TO CO-EMPLOYEES, CO-VOLUNTEER WORKERS AND RETIRED PARTNERS, a. A limited liability company; MEMBERS, DIRECTORS AND EMPLOYEES b. An organization other than a partnership, The following is added to Paragraph 2.a.(1) of joint venture or limited liability company; or SECTION II—WHO IS AN INSURED: Paragraphs (1)(a), (b) and (c) above do not c. Atrust; apply to "bodily injury" to a current or retired co- as indicated in its name or the documents "employee" while in the course of the co- that govern its structure. "employee's" employment by you or performing F. BLANKET ADDITIONAL INSURED — duties related to the conduct of your business, or CONTROLLING INTEREST to "bodily injury" to your other "volunteer 1. The following is added to SECTION II — workers" or retired partners, members or WHO IS AN INSURED: directors while performing duties related to the conduct of your business. Any person or organization that has financial E. WHO IS AN INSURED— NEWLY ACQUIRED control of you is an insured with respect to OR FORMED LIMITED LIABILITY COMPANIES liability for "bodily injury", "property damage" or "personal and advertising injury" that The following replaces Paragraph 3. of arises out of: SECTION II—WHO IS AN INSURED: a. Such financial control; or 3. Any organization you newly acquire or form, b. Such person's or organization's other than a partnership or joint venture, and ownership, maintenance or use of of which you are the sole owner or in which premises leased to or occupied by you. you maintain an ownership interest of more than 50%, will qualify as a Named Insured if The insurance provided to such person or there is no other similar insurance available organization does not apply to structural to that organization. However: alterations, new construction or demolition a. Coverage under this provision is operations performed by or on behalf of such afforded only: person or organization. (1) Until the 180th day after you acquire 2. The following is added to Paragraph 4. of or form the organization or the end SECTION II —WHO IS AN INSURED: of the policy period, whichever is This paragraph does not apply to any earlier, if you do not report such premises owner, manager or lessor that has organization in writing to us within financial control of you. 180 days after you acquire or form it; G. BLANKET ADDITIONAL INSURED — or MORTGAGEES, ASSIGNEES, SUCCESSORS (2) Until the end of the policy period, OR RECEIVERS when that date is later than 180 days The following is added to SECTION II —WHO IS after you acquire or form such AN INSURED: organization, if you report such organization in writing to us within Any person or organization that is a mortgagee, 180 days after you acquire or form it; assignee, successor or receiver and that you b. Coverage A does not apply to "bodily have agreed in a written contract or agreement injury" or "property damage" that to include as an additional insured on this occurred before you acquired or formed Coverage Part is an insured, but only with the organization; and respect to its liability as mortgagee, assignee, successor or receiver for"bodily injury", "property c. Coverage B does not apply to "personal damage" or "personal and advertising injury" and advertising injury" arising out of an that: offense committed before you acquired a. Is "bodily injury" or "property damage" that or formed the organization. occurs, or is "personal and advertising injury" For the purposes of Paragraph 1. of Section caused by an offense that is committed, II — Who Is An Insured, each such CG D3 79 02 19 ©2017 The Travelers Indemnity Company.All rights reserved. Page 3 of 6 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL GENERAL LIABILITY subsequent to the signing of that contract or openings, sidewalk vaults, elevators, street agreement; and banners or decorations. b. Arises out of the ownership, maintenance or I. BLANKET ADDITIONAL INSURED — use of the premises for which that GOVERNMENTAL ENTITIES — PERMITS mortgagee, assignee, successor or receiver OR AUTHORIZATIONS RELATING TO is required under that contract or agreement OPERATIONS to be included as an additional insured on The following is added to SECTION II —WHO IS this Coverage Part. AN INSURED: The insurance provided to such mortgagee, Any governmental entity that has issued a permit assignee, successor or receiver is subject to the or authorization with respect to operations following provisions: performed by you or on your behalf and that you a. The limits of insurance provided to such are required by any ordinance, law, building code mortgagee, assignee, successor or receiver or written contract or agreement to include as an will be the minimum limits that you agreed to additional insured on this Coverage Part is an provide in the written contract or agreement, insured, but only with respect to liability for or the limits shown in the Declarations, "bodily injury", "property damage" or "personal whichever are less. and advertising injury" arising out of such b. The insurance provided to such person or operations. organization does not apply to: The insurance provided to such governmental (1) Any "bodily injury" or "property damage" entity does not apply to: that occurs, or any "personal and a. Any "bodily injury", "property damage" or advertising injury" caused by an offense "personal and advertising injury" arising out that is committed, after such contract or of operations performed for the agreement is no longer in effect; or governmental entity; or (2) Any"bodily injury", "property damage" or b. Any "bodily injury" or "property damage" "personal and advertising injury" arising included in the "products-completed out of any structural alterations, new operations hazard". construction or demolition operations J. INCIDENTAL MEDICAL MALPRACTICE performed by or on behalf of such mortgagee, assignee, successor or 1. The following replaces Paragraph b. of the receiver. definition of "occurrence" in the H. BLANKET ADDITIONAL INSURED — DEFINITIONS Section: GOVERNMENTAL ENTITIES — PERMITS OR b. An act or omission committed in AUTHORIZATIONS RELATING TO PREMISES providing or failing to provide "incidental The following is added to SECTION II —WHO IS medical services", first aid or "Good AN INSURED: Samaritan services" to a person, unless you are in the business or occupation of Any governmental entity that has issued a permit providing professional health care or authorization with respect to premises owned services. or occupied by, or rented or loaned to, you and 2. The following replaces the last paragraph of that you are required by any ordinance, law, Paragraph 2.a.(1) of SECTION II — WHO IS building code or written contract or agreement to AN INSURED: include as an additional insured on this Unless you are in the business or occupation Coverage Part is an insured, but only with of providing professional health care respect to liability for "bodily injury", "property services, Paragraphs (1)(a), (b), (c) and (d) damage" or "personal and advertising injury" above do not apply to "bodily injury" arising arising out of the existence, ownership, use, out of providing or failing to provide: maintenance, repair, construction, erection or removal of any of the following for which that (a) "Incidental medical services" by any of governmental entity has issued such permit or your "employees" who is a nurse, authorization: advertising signs, awnings, nurse assistant, emergency medical canopies, cellar entrances, coal holes, technician, paramedic, athletic trainer, driveways, manholes, marquees, hoist away audiologist, dietician, nutritionist, Page 4 of 6 ©2017 The Travelers Indemnity Company.All rights reserved. CG D3 79 02 19 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL GENERAL LIABILITY occupational therapist or occupational that is available to any of your "employees" therapy assistant, physical therapist or for "bodily injury" that arises out of providing speech-language pathologist; or or failing to provide "incidental medical (b) First aid or "Good Samaritan services" services" to any person to the extent not by any of your"employees" or"volunteer subject to Paragraph 2.a.(1) of Section II — workers", other than an employed or Who Is An Insured. volunteer doctor. Any such "employees" K. MEDICAL PAYMENTS— INCREASED LIMIT or"volunteer workers" providing or failing The following replaces Paragraph 7. of to provide first aid or "Good Samaritan services" during their work hours for you SECTION III — LIMITS OF INSURANCE: will be deemed to be acting within the 7. Subject to Paragraph 5. above, the Medical scope of their employment by you or Expense Limit is the most we will pay under performing duties related to the conduct Coverage C for all medical expenses of your business. because of "bodily injury" sustained by any 3. The following replaces the last sentence of one person, and will be the higher of: Paragraph 5. of SECTION III — LIMITS OF a. $10,000; or INSURANCE: For the purposes of determining the b. The amount shown in the Declarations of applicable Each Occurrence Limit, all related this Coverage Part for Medical Expense acts or omissions committed in providing or Limit. failing to provide "incidental medical L. AMENDMENT OF EXCESS INSURANCE services", first aid or "Good Samaritan CONDITION — PROFESSIONAL LIABILITY services" to any one person will be deemed to be one "occurrence". The following is added to Paragraph 4.b., Excess Insurance, of SECTION IV — 4. The following exclusion is added to COMMERCIAL GENERAL LIABILITY Paragraph 2., Exclusions, of SECTION I — CONDITIONS: COVERAGES — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE This insurance is excess over any of the other LIABILITY: insurance, whether primary, excess, contingent Sale Of Pharmaceuticals or on any other basis, that is Professional Liability or similar coverage, to the extent the "Bodily injury" or "property damage" arising loss is not subject to the professional services out of the violation of a penal statute or exclusion of Coverage A or Coverage B. ordinance relating to the sale of M. BLANKET WAIVER OF SUBROGATION — pharmaceuticals committed by, or with the WHEN REQUIRED BY WRITTEN CONTRACT knowledge or consent of the insured. OR AGREEMENT 5. The following is added to the DEFINITIONS Section: The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, "Incidental medical services" means: of SECTION IV — COMMERCIAL GENERAL a. Medical, surgical, dental, laboratory, x LIABILITY CONDITIONS: ray or nursing service or treatment, If the insured has agreed in a written contract or advice or instruction, or the related agreement to waive that insured's right of furnishing of food or beverages; or recovery against any person or organization, we b. The furnishing or dispensing of drugs or waive our right of recovery against such person medical, dental, or surgical supplies or or organization, but only for payments we make appliances. because of: 6. The following is added to Paragraph 4.b., a. "Bodily injury" or "property damage" that Excess Insurance, of SECTION IV — COMMERCIAL GENERAL LIABILITY occurs; or CONDITIONS: b. "Personal and advertising injury" caused by This insurance is excess over any valid and an offense that is committed; collectible other insurance, whether primary, subsequent to the signing of that contract or excess, contingent or on any other basis, agreement. CG D3 79 02 19 ©2017 The Travelers Indemnity Company.All rights reserved. Page 5 of 6 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL GENERAL LIABILITY N. CONTRACTUAL LIABILITY—RAILROADS 1. The following replaces Paragraph c. of the definition of "insured contract" in the DEFINITIONS Section: c. Any easement or license agreement; 2. Paragraph f.(1) of the definition of "insured contract" in the DEFINITIONS Section is deleted. Page 6 of 6 ©2017 The Travelers Indemnity Company.All rights reserved. CG D3 79 02 19 Includes copyrighted material of Insurance Services Office, Inc.with its permission. Policy Number: 6801 H899998 TABLE OF CONTENTS COMMERCIAL GENERAL LIABILITY COVERAGE FORM CG T1 00 02 19 SECTION I —COVERAGES Beginning on Page Coverage A— Bodily Injury and Property Insuring Agreement .......................................................1 Damage Liability Exclusions .................................................................... 2 Coverage B— Personal and Advertising Insuring Agreement .......................................................6 Injury Liability Exclusions .....................................................................6 Coverage C— Medical Payments Insuring Agreement .......................................................9 Exclusions .................................................................... 9 Supplementary Payments ...................................................................................................10 SECTION 11 —WHO IS AN INSURED .......................................................................................11 SECTION III —LIMITS OF INSURANCE ...................................................................................13 SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS ........................................13 Bankruptcy .........................................................................................................................13 Duties In The Event Of Occurrence, Offense, Claim Or Suit ...............................................13 LegalAction Against Us ......................................................................................................14 OtherInsurance ................................................................................................................. 15 PremiumAudit ...................................................................................................................16 Representations .................................................................................................................16 SeparationOf Insureds ......................................................................................................16 Transfer Of Rights Of Recovery Against Others To Us .......................................................16 WhenWe Do Not Renew ...................................................................................................16 SECTION V—DEFINITIONS ....................................................................................................16 CG TO 34 02 19 COMMERCIAL GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read (1) The "bodily injury" or "property damage" is the entire policy carefully to determine rights, duties and caused by an "occurrence" that takes place what is and is not covered. in the "coverage territory"; Throughout this policy the words "you" and "your" refer (2) The "bodily injury" or "property damage" to the Named Insured shown in the Declarations, and occurs during the policy period; and any other person or organization qualifying as a Named Insured under this policy. The words "we", "us" and (3) Prior to the policy period, no insured listed "our" refer to the company providing this insurance. under Paragraph 1. of Section II — Who Is The word "insured" means any person or organization An Insured and no "employee" authorized qualifying as such under Section II — Who Is An by you to give or receive notice of an Insured. "occurrence" or claim knew that the "bodily injury" or "property damage" had occurred, Other words and phrases that appear in quotation in whole or in part. If such a listed insured marks have special meaning. Refer to Section V — or authorized "employee" knew, prior to the Definitions. policy period, that the "bodily injury" or "property damage" occurred, then any SECTION I —COVERAGES continuation, change or resumption of such COVERAGE A — BODILY INJURY AND PROPERTY "bodily injury" or "property damage" during DAMAGE LIABILITY or after the policy period will be deemed to have been known prior to the policy period. 1. Insuring Agreement c. "Bodily injury" or "property damage" which a. We will pay those sums that the insured occurs during the policy period and was not, becomes legally obligated to pay as damages prior to the policy period, known to have because of "bodily injury" or "property damage" occurred by any insured listed under Paragraph to which this insurance applies. We will have 1. of Section II — Who Is An Insured or any the right and duty to defend the insured against "employee" authorized by you to give or receive any "suit" seeking those damages. However, notice of an "occurrence" or claim, includes any we will have no duty to defend the insured continuation, change or resumption of that against any "suit" seeking damages for "bodily "bodily injury" or "property damage" after the injury" or "property damage" to which this end of the policy period. insurance does not apply. We may, at our discretion, investigate any "occurrence" and d. "Bodily injury" or "property damage" will be settle any claim or"suit" that may result. But: deemed to have been known to have occurred at the earliest time when any insured listed (1) The amount we will pay for damages is under Paragraph 1. of Section II — Who Is An limited as described in Section III — Limits Insured or any "employee" authorized by you to Of Insurance; and give or receive notice of an "occurrence" or (2) Our right and duty to defend end when we claim: have used up the applicable limit of (1) Reports all, or any part, of the "bodily insurance in the payment of judgments or injury" or "property damage" to us or any settlements under Coverages A or B or other insurer; medical expenses under Coverage C. No other obligation or liability to pay sums or (2) Receives a written or verbal demand or perform acts or services is covered unless claim for damages because of the "bodily injury" or"property damage"; or explicitly provided for under Supplementary Payments. (3) Becomes aware by any other means that b. This insurance applies to "bodily injury" and "bodily injury" or "property damage" has "property damage" only if: occurred or has begun to occur. CG T1 00 02 19 ©2017 The Travelers Indemnity Company.All rights reserved. Page 1 of 21 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL GENERAL LIABILITY e. Damages because of "bodily injury" include (3) Any statute, ordinance or regulation relating damages claimed by any person or organization to the sale, gift, distribution or use of for care, loss of services or death resulting at alcoholic beverages. any time from the "bodily injury". This exclusion applies only if you are in the 2. Exclusions business of manufacturing, distributing, selling, This insurance does not apply to: serving or furnishing alcoholic beverages. For the purposes of this exclusion, permitting a a. Expected Or Intended Injury person to bring alcoholic beverages on your "Bodily injury" or "property damage" expected or premises, for consumption on your premises, intended from the standpoint of the insured. whether or not a fee is charged or a license is This exclusion does not apply to "bodily injury" required for such activity, is not by itself or "property damage" resulting from the use of considered the business of selling, serving or reasonable force to protect persons or property. furnishing alcoholic beverages. b. Contractual Liability d. Workers' Compensation And Similar Laws "Bodily injury" or "property damage" for which Any obligation of the insured under a workers' the insured is obligated to pay damages by compensation, disability benefits or reason of the assumption of liability in a unemployment compensation law or any similar contract or agreement. This exclusion does not law. apply to liability for damages: e. Employer's Liability (1) That the insured would have in the absence "Bodily injury" to: of the contract or agreement; or (1) An "employee" of the insured arising out of (2) Assumed in a contract or agreement that is and in the course of: an "insured contract", provided that the "bodily injury" or "property damage" occurs (a) Employment by the insured; or subsequent to the execution of the contract (b) Performing duties related to the or agreement. Solely for the purposes of conduct of the insured's business; or liability assumed in an "insured contract", (2) The spouse, child, parent, brother or sister reasonable attorneys' fees and necessary of that "employee" as a consequence of litigation expenses incurred by or for a party Paragraph (1) above. other than an insured will be deemed to be damages because of "bodily injury" or This exclusion applies whether the insured may "property damage", provided that: be liable as an employer or in any other capacity and to any obligation to share damages with or (a) Liability to such party for, or for the repay someone else who must pay damages cost of, that party's defense has also because of the injury. been assumed in the same "insured contract"; and This exclusion does not apply to liability assumed by the insured under an "insured (b) Such attorneys' fees and litigation contract". expenses are for defense of that party against a civil or alternative dispute f. Pollution resolution proceeding in which (1) "Bodily injury" or "property damage" arising damages to which this insurance out of the actual, alleged or threatened applies are alleged. discharge, dispersal, seepage, migration, c. Liquor Liability release or escape of"pollutants": "Bodily injury" or "property damage" for which (a) At or from any premises, site or any insured may be held liable by reason of: location which is or was at any time owned or occupied by, or rented or (1) Causing or contributing to the intoxication loaned to, any insured. However, this of any person; subparagraph does not apply to: (2) The furnishing of alcoholic beverages to a (i) "Bodily injury" if sustained within a person under the legal drinking age or building and caused by smoke, under the influence of alcohol; or fumes, vapor or soot produced by or originating from equipment that Page 2 of 21 ©2017 The Travelers Indemnity Company.All rights reserved. CG T1 OO 02 19 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL GENERAL LIABILITY is used to heat, cool or dehumidify to perform the normal electrical, the building, or produced by or hydraulic or mechanical functions originating from equipment that is necessary for the operation of used to heat water for personal "mobile equipment" or its parts, if use by the building's occupants or such fuels, lubricants or other their guests; operating fluids escape from a (i i) "Bodilyinjury" or "property vehicle part designed to hold, store ( ) p pert y or receive them. This exception damage" for which you may be does not apply if the "bodily injury" held liable, if you are a contractor or "property damage" arises out of and the owner or lessee of such premises, site or location has been the intentional discharge, dispersal added to your policy as an or release of the fuels, lubricants additional insured with respect to or other operating fluids, or if such your ongoing operations performed fuels, lubricants or other operating for that additional insured at that fluids are brought on or to the premises, site or location and such premises, site or location with the premises, site or location is not intent that they be discharged, and never was owned or occupied dispersed or released as part of by, or rented or loaned to, any the operations being performed by insured, other than that additional such insured, contractor or insured; or subcontractor; (iii) "Bodily injury" or "property (i i) "Bodily injury" or "property damage" arising out of heat, damage" sustained within a smoke or fumes from a "hostile building and caused by the release fire"; of gases, fumes or vapors from (b) At or from any premises, site or materials brought into that building location which is or was at any time in connection with operations being used by or for any insured or others for performed by you or on your behalf the handling, storage, disposal, by a contractor or subcontractor; or processing or treatment of waste; (c) If such "pollutants" are or were at any (iii) "Bodily injury" or "property time transported, handled, stored, damage" arising out of heat, treated, disposed of, or processed as smoke or fumes from a "hostile fire waste by or for: , or (i) Any insured; or (e) At or from any premises, site or location on which any insured or any (ii) Any person or organization for contractors or subcontractors working whom you may be legally directly or indirectly on any insured's responsible; behalf are or were at any time (d) At or from any premises, site or performing operations to test for, location on which any insured or any monitor, clean up, remove, contain, contractors or subcontractors working treat, detoxify or neutralize, or in any directly or indirectly on any insured's way respond to, or assess the effects behalf are performing operations if the of, "pollutants". "pollutants" are brought on or to the premises, site or location in connection (2) Any loss, cost or expense arising out of with such operations by such insured, any: contractor or subcontractor. However, this subparagraph does not apply to: (a) Request, demand, order or statutory or regulatory requirement that any insured (i) "Bodily injury" or "property or others test for, monitor, clean up, damage" arising out of the escape remove, contain, treat, detoxify or of fuels, lubricants or other neutralize, or in any way respond to, or operating fluids which are needed assess the effects of, "pollutants"; or CG T1 00 02 19 ©2017 The Travelers Indemnity Company.All rights reserved. Page 3 of 21 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL GENERAL LIABILITY (b) Claim or suit by or on behalf of any (b) The operation of any of the machinery governmental authority or any other or equipment listed in Paragraph f.(2) person or organization because of or f.(3) of the definition of "mobile testing for, monitoring, cleaning up, equipment"; or removing, containing, treating, detoxifying or neutralizing, or in any (6) An aircraft that is: way responding to, or assessing the (a) Chartered with a pilot to any insured; effects of, "pollutants". (b) Not owned by any insured; and g. Aircraft,Auto Or Watercraft (c) Not being used to carry any person or "Bodily injury" or "property damage" arising out property for a charge. of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or h. Mobile Equipment watercraft owned or operated by or rented or "Bodily injury" or "property damage" arising out loaned to any insured. Use includes operation of: and "loading or unloading". (1) The transportation of "mobile equipment" This exclusion applies even if the claims by an "auto" owned or operated by or against any insured allege negligence or other rented or loaned to any insured; or wrongdoing in the supervision, hiring, (2) The use of "mobile equipment" in, or while employment, training or monitoring of others by that insured, if the "occurrence" which caused in practice for, or while being prepared for, any prearranged racing, speed, demolition, the "bodily injury" or"property damage" involved the ownership, maintenance, use or or stunting activity entrustment to others of any aircraft, "auto" or i. War watercraft that is owned or operated by or "Bodily injury" or "property damage" arising out rented or loaned to any insured. of: This exclusion does not apply to: (1) War, including undeclared or civil war; (1) A watercraft while ashore on premises you (2) Warlike action by a military force, including own or rent; action in hindering or defending against an (2) A watercraft you do not own that is: actual or expected attack, by any government, sovereign or other authority (a) 50 feet long or less; and using military personnel or other agents; or (b) Not being used to carry any person or (3) Insurrection, rebellion, revolution, usurped property for a charge; power, or action taken by governmental (3) Parking an "auto" on, or on the ways next authority in hindering or defending against to, premises you own or rent, provided the any of these. "auto" is not owned by or rented or loaned j Damage To Property to you or the insured; "Property damage" to: (4) Liability assumed under any "insured (1) Property you own, rent, or occupy, contract" for the ownership, maintenance or use of aircraft or watercraft; including any costs or expenses incurred by you, or any other person, organization or (5) "Bodily injury" or "property damage" arising entity, for repair, replacement, out of: enhancement, restoration or maintenance (a) The operation of machinery or of such property for any reason, including equipment that is attached to, or part prevention of injury to a person or damage of, a land vehicle that would qualify as to another's property; "mobile equipment" under the definition (2) Premises you sell, give away or abandon, if of "mobile equipment" if such land the "property damage" arises out of any vehicle were not subject to a part of those premises; compulsory or financial responsibility law, or other motor vehicle insurance (3) Property loaned to you; law, where it is licensed or principally (4) Personal property in the care, custody or garaged; or control of the insured; Page 4 of 21 ©2017 The Travelers Indemnity Company.All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL GENERAL LIABILITY (5) That particular part of real property on accidental physical injury to "your product" or which you or any contractors or "your work" after it has been put to its intended subcontractors working directly or indirectly use. on your behalf are performing operations, if n. Recall Of Products,Work Or Impaired the property damage arises out of those operations; or Property (6) That particular part of any property that Damages claimed for any loss, cost or expense must be restored, repaired or replaced incurred by you or others for the loss of use, because "your work" was incorrectly withdrawal, recall, inspection, repair, performed on it. replacement, adjustment, removal or disposal of: Paragraphs (1), (3) and (4) of this exclusion do not apply to "premises damage". A separate (1) "Your product"; limit of insurance applies to "premises damage" (2) "Your work"; or as described in Paragraph 6. of Section III — Limits Of Insurance. (3) "Impaired property"; Paragraph (2) of this exclusion does not apply if if such product, work, or property is withdrawn the premises are "your work" and were never or recalled from the market or from use by any occupied, rented or held for rental by you. person or organization because of a known or suspected defect, deficiency, inadequacy or Paragraphs (3), (4), (5) and (6) of this dangerous condition in it. exclusion do not apply to liability assumed under a sidetrack agreement. o. Personal And Advertising Injury Paragraph (6) of this exclusion does not apply "Bodily injury" arising out of "personal and to "property damage" included in the "products- advertising injury". completed operations hazard". p. Electronic Data k. Damage To Your Product Damages arising out of the loss of, loss of use "Property damage" to "your product" arising out of, damage to, corruption of, inability to access, of it or any part of it. or inability to manipulate "electronic data". I. Damage To Your Work However, this exclusion does not apply to liability for damages because of"bodily injury". "Property damage" to "your work" arising out of it or any part of it and included in the "products- q• Unsolicited Communication completed operations hazard". "Bodily injury" or "property damage" arising out This exclusion does not apply if the damaged of any actual or alleged violation of any law that work or the work out of which the damage restricts or prohibits the sending, transmitting arises was performed on your behalf by a or distributing of"unsolicited communication". subcontractor. r. Access Or Disclosure Of Conidfenital Or m. Damage To Impaired Property Or Property Personal Information Not Physically Injured "Bodily injury" or "property damage" arising out "Property damage" to "impaired property" or of any access to or disclosure of any person's property that has not been physically injured, or organization's confidential or personal arising out of: information. (1) A defect, deficiency, inadequacy or s. Asbestos dangerous condition in "your product" or"your work"; or (1) "Bodily injury" or "property damage" arising out of the actual or alleged presence or (2) A delay or failure by you or anyone acting actual, alleged or threatened dispersal of on your behalf to perform a contract or asbestos, asbestos fibers or products agreement in accordance with its terms. containing asbestos, provided that the This exclusion does not apply to the loss of use "bodily injury" or "property damage" is of other property arising out of sudden and caused or contributed to by the hazardous properties of asbestos. CG T1 00 02 19 ©2017 The Travelers Indemnity Company.All rights reserved. Page 5 of 21 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL GENERAL LIABILITY (2) "Bodily injury" or "property damage" arising employment-related practices described in out of the actual or alleged presence or Paragraph (a), (b),or(c) above is directed. actual, alleged or threatened dispersal of This exclusion applies whether the insured may any solid, liquid, gaseous or thermal irritant be liable as an employer or in any other capacity or contaminant, including smoke, vapors, and to any obligation to share damages with or soot, fumes, acids, alkalis, chemicals and repay someone else who must pay damages waste, and that are part of any claim or because of the "bodily injury". "suit" which also alleges any "bodily injury" Exclusions c. through n. do not apply to "premises or "property damage" described in damage". A separate limit of insurance applies to Paragraph (1) above. "premises damage" as described in Paragraph 6. of (3) Any loss, cost or expense arising out of Section III —Limits Of Insurance. any: COVERAGE B—PERSONAL AND ADVERTISING (a) Request, demand, order or statutory or INJURY LIABILITY regulatory requirement that any insured 1. Insuring Agreement or others test for, monitor, clean up, a. We will pay those sums that the insured remove, contain, treat, detoxify or becomes legally obligated to pay as damages neutralize, or in any way respond to, or because of "personal and advertising injury" to assess the effects of, asbestos, which this insurance applies. We will have the asbestos fibers or products containing right and duty to defend the insured against any asbestos; or "suit" seeking those damages. However, we will (b) Claim or suit by or on behalf of any have no duty to defend the insured against any governmental authority or any other "suit" seeking damages for "personal and person or organization because of advertising injury" to which this insurance does testing for, monitoring, cleaning up, not apply. We may, at our discretion, investigate any offense and settle any claim or removing, containing, treating, suit that may result. But: detoxifying or neutralizing, or in any way responding to, or assessing the (1) The amount we will pay for damages is effects of, asbestos, asbestos fibers or limited as described in Section III — Limits products containing asbestos. Of Insurance; and t. Employment-Related Practices (2) Our right and duty to defend end when we "Bodily injury" to: have used up the applicable limit of insurance in the payment of judgments or (1) A person arising out of any: settlements under Coverages A or B or (a) Refusal to employ that person; medical expenses under Coverage C. (b) Termination of that person's No other obligation or liability to pay sums or employment; or perform acts or services is covered unless (c) Employment-related practice, policy, explicitly provided for under Supplementary act or omission, such as coercion, Payments. demotion, evaluation, reassignment, b. This insurance applies to "personal and discipline, failure to promote or advertising injury" caused by an offense arising advance, harassment, humiliation, out of your business but only if the offense was discrimination, libel, slander, violation committed in the "coverage territory" during the of the person's right of privacy, policy period. malicious prosecution or false arrest, 2. Exclusions detention or imprisonment applied to or directed at that person, regardless of This insurance does not apply to: whether such practice, policy, act or a. Knowing Violation Of Rights Of Another omission occurs, is applied or is "Personal and advertising injury" caused by or committed before, during or after the at the direction of the insured with the time of that person's employment; or knowledge that the act would violate the rights (2) The spouse, child, parent, brother or sister of another and would inflict "personal and of that person as a consequence of "bodily advertising injury". injury" to that person at whom any of the Page 6 of 21 ©2017 The Travelers Indemnity Company.All rights reserved. CG T1 OO 02 19 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL GENERAL LIABILITY This exclusion does not apply to "personal against a civil or alternative dispute injury" caused by malicious prosecution. resolution proceeding in which b. Material Published With Knowledge Of damages to which this insurance Falsity applies are alleged. "Personal and advertising injury" arising out of f. Breach Of Contract oral or written publication, including publication "Advertising injury" arising out of a breach of by electronic means, of material, if done by or at contract. the direction of the insured with knowledge of its falsity. g. Quality Or Performance Of Goods - Failure To Conform To Statements c. Material Published Or Used Prior To Policy Period Advertising injury arising out of the failure of goods, products or services to conform with (1) "Personal and advertising injury" arising out any statement of quality or performance made of oral or written publication, including in your"advertisement". publication by electronic means, of material h. Wrong Description Of Prices whose first publication took place before the beginning of the policy period; or Advertising injury arising out of the wrong description of the price of goods, products or (2) "Advertising injury" arising out of services stated in your"advertisement". infringement of copyright, "title" or "slogan" in your "advertisement" whose first i. Intellectual Property infringement in your "advertisement" was "Personal and advertising injury" arising out of committed before the beginning of the any actual or alleged infringement or violation of policy period. any of the following rights or laws, or any other "personal and advertising injury" alleged in any d. Criminal Acts claim or "suit" that also alleges any such "Personal and advertising injury" arising out of a infringement or violation: criminal act committed by or at the direction of (1) Copyright; the insured. e. Contractual Liability (2) Patent; "Personal and advertising injury" for which the (3) Trade dress; insured has assumed liability in a contract or (4) Trade name; agreement. This exclusion does not apply to (5) Trademark; liability for damages: (6) Trade secret; or (1) That the insured would have in the absence (7) Other intellectual property rights or laws. of the contract or agreement; or (2) Because of "personal injury" assumed by This exclusion does not apply to: you in a contract or agreement that is an (1) "Advertising injury" arising out of any actual "insured contract", provided that the or alleged infringement or violation of "personal injury" is caused by an offense another's copyright, "title" or "slogan" in committed subsequent to the execution of your"advertisement"; or the contract or agreement. Solely for the purposes of liability assumed by you in an (2) Any other "personal and advertising injury" "insured contract", reasonable attorneys' alleged in any claim or "suit" that also fees and necessary litigation expenses alleges any such infringement or violation incurred by or for a party other than an of another's copyright, "title" or "slogan" in insured will be deemed to be damages your"advertisement". because of"personal injury", provided that: j, Insureds In Media And Internet Type (a) Liability to such party for, or for the Businesses cost of, that party's defense has also "Personal and advertising injury" caused by an been assumed by you in the same offense committed by an insured whose "insured contract"; and business is: (b) Such attorneys' fees and litigation expenses are for defense of that party (1) Advertising, "broadcasting" or publishing; CG T1 00 02 19 ©2017 The Travelers Indemnity Company.All rights reserved. Page 7 of 21 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL GENERAL LIABILITY (2) Designing or determining content of neutralizing, or in any way responding to,or websites for others; or assessing the effects of, "pollutants". (3) An Internet search, access, content or o. War service provider. "Personal and advertising injury" arising out of: However, this exclusion does not apply to (1) War, including undeclared or civil war; Paragraphs a.(1), (2) and (3) of the definition of "personal injury". (2) Warlike action by a military force, including For the purposes of this exclusion: action in hindering or defending against an actual or expected attack, by any (1) Creating and producing correspondence government, sovereign or other authority written in the conduct of your business, using military personnel or other agents; or bulletins, financial or annual reports, or newsletters about your goods, products or (3) Insurrection, rebellion, revolution, usurped services will not be considered the power, or action taken by governmental business of publishing; and authority in hindering or defending against any of these. (2) The placing of frames, borders or links, or p. Unsolicited Communication advertising, for you or others anywhere on the Internet will not, by itself, be considered "Personal and advertising injury" arising out of the business of advertising, "broadcasting" any actual or alleged violation of any law that or publishing. restricts or prohibits the sending, transmitting k. Electronic Chatrooms Or Bulletin Boards or distributing of"unsolicited communication". q. Access Or Disclosure Of Confidenital Or "Personal and advertising injury" arising out of Personal Information an electronic chatroom or bulletin board the insured hosts or owns, or over which the "Personal and advertising injury" arising out of insured exercises control. any access to or disclosure of any person's or organization's confidential or personal I. Unauthorized Use Of Another's Name Or information. Product r. Asbestos "Personal and advertising injury" arising out of (1) "Personal and advertising injury" arising out the unauthorized use of another's name or of the actual or alleged presence or actual, product in your e-mail address, domain name or alleged or threatened dispersal of asbestos, metatag, or any other similar tactics to mislead asbestos fibers or products containing another's potential customers. asbestos, provided that the "personal and m. Pollution advertising injury" is caused or contributed "Personal and advertising injury" arising out of to by the hazardous properties of asbestos. the actual, alleged or threatened discharge, (2) "Personal and advertising injury" arising out dispersal, seepage, migration, release or of the actual or alleged presence or actual, escape of"pollutants" at any time. alleged or threatened dispersal of any solid, liquid, gaseous or thermal irritant or n. Pollution-Related contaminant, including smoke, vapors, Any loss, cost or expense arising out of any: soot, fumes, acids, alkalis, chemicals and waste, and that are part of any claim or (1) Request, demand, order or statutory or regulatory requirement that an insured or suit which also alleges any personal and g Y q Y advertising injury described in Paragraph others test for, monitor, clean up, remove, (1) above. contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects (3) Any loss, cost or expense arising out of of, "pollutants"; or any: (2) Claim or suit by or on behalf of any (a) Request, demand, order or statutory or governmental authority or any other person regulatory requirement that any insured or organization because of testing for, or others test for, monitor, clean up, monitoring, cleaning up, removing, remove, contain, treat, detoxify or containing, treating, detoxifying or neutralize, or in any way respond to, or Page 8 of 21 ©2017 The Travelers Indemnity Company.All rights reserved. CG T1 OO 02 19 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL GENERAL LIABILITY assess the effects of, asbestos, (3) Because of your operations; asbestos fibers or products containing provided that: asbestos; or (a) The accident takes place in the "coverage (b) Claim or suit by or on behalf of any territory" and during the policy period; governmental authority or any other person or organization because of (b) The expenses are incurred and reported to testing for, monitoring, cleaning up, us within one year of the date of the removing, containing, treating, accident; and detoxifying or neutralizing, or in any way responding to, or assessing the (c) The injured person submits to examination, at our expense, by physicians of our choice effects of, asbestos, asbestos fibers or as often as we reasonably require. products containing asbestos. b. We will make these payments regardless of s. Employment-Related Practices fault. These payments will not exceed the "Personal injury" to: applicable limit of insurance. We will pay reasonable expenses for: (1) A person arising out of any: (1) First aid administered at the time of an (a) Refusal to employ that person; accident; (b) Termination of that person's (2) Necessary medical, surgical, X-ray and employment; or dental services, including prosthetic (c) Employment-related practice, policy, devices; and act or omission, such as coercion, (3) Necessary ambulance, hospital, demotion, evaluation, reassignment, professional nursing and funeral services. discipline, failure to promote or 2. Exclusions advance, harassment, humiliation, discrimination, libel, slander, violation We will not pay expenses for"bodily injury": of the person's right of privacy, a. Any Insured malicious prosecution or false arrest, To any insured, except"volunteer workers". detention or imprisonment applied to or directed at that person, regardless of b. Hired Person whether such practice, policy, act or To a person hired to do work for or on behalf of omission occurs, is applied or is any insured or a tenant of any insured. committed before, during or after the time of that person's employment; or c. Injury On Normally Occupied Premises (2) The spouse, child, parent, brother or sister To a person injured on that part of premises of that person as a consequence of you own or rent that the person normally "personal injury" to that person at whom occupies. any of the employment-related practices d. Workers' Compensation And Similar Laws described in Paragraph (a), (b), or (c) To a person, whether or not an "employee" of above is directed. any insured, if benefits for the "bodily injury" are This exclusion applies whether the insured may payable or must be provided under a workers' be liable as an employer or in any other capacity compensation or disability benefits law or a and to any obligation to share damages with or similar law. repay someone else who must pay damages e. Athletics Activities because of the "personal injury". To a person injured while practicing, instructing COVERAGE C—MEDICAL PAYMENTS or participating in any physical exercises or 1. Insuring Agreement games, sports, or athletic contests. a. We will pay medical expenses as described f. Products-Completed Operations Hazard below for "bodily injury" caused by an accident: Included within the "products-completed (1) On premises you own or rent; operations hazard". (2) On ways next to premises you own or rent; g• Coverage A Exclusions or Excluded under Coverage A. CG T1 00 02 19 ©2017 The Travelers Indemnity Company.All rights reserved. Page 9 of 21 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL GENERAL LIABILITY SUPPLEMENTARY PAYMENTS assumed by the insured in the same "insured 1. We will pay, with respect to any claim we contract"; investigate or settle, or any "suit" against an insured d. The allegations in the "suit" and the information we defend: we know about the "occurrence" or offense are such that no conflict appears to exist between a. All expenses we incur. the interests of the insured and the interests of b. Up to $2,500 for the cost of bail bonds required the indemnitee; because of accidents or traffic law violations e. The indemnitee and the insured ask us to arising out of the use of any vehicle to which conduct and control the defense of that the Bodily Injury Liability Coverage applies. We indemnitee against such "suit" and agree that do not have to furnish these bonds. we can assign the same counsel to defend the c. The cost of bonds to release attachments, but insured and the indemnitee; and only for bond amounts within the applicable limit f. The indemnitee: of insurance. We do not have to furnish these (1) Agrees in writing to: bonds. d. All reasonable expenses incurred by the (a) Cooperate with us in the investigation, insured at our request to assist us in the settlement or defense of the "suit"; investigation or defense of the claim or "suit", (b) Immediately send us copies of any including actual loss of earnings up to $500 a demands, notices, summonses or legal day because of time off from work. papers received in connection with the e. All court costs taxed against the insured in the "suit"; "suit". However, these payments do not include (c) Notify any other insurer whose attorneys' fees or attorneys' expenses taxed coverage is available to the indemnitee; against the insured. and f. Prejudgment interest awarded against the (d) Cooperate with us with respect to insured on that part of the judgment we pay. If coordinating other applicable insurance we make an offer to pay the applicable limit of available to the indemnitee; and insurance, we will not pay any prejudgment (2) Provides us with written authorization to: interest based on that period of time after the offer. (a) Obtain records and other information g. All interest on the full amount of any judgment related to the "suit"; and that accrues after entry of the judgment and (b) Conduct and control the defense of the before we have paid, offered to pay, or indemnitee in such "suit". deposited in court the part of the judgment that So long as the above conditions are met, attorneys' is within the applicable limit of insurance. fees incurred by us in the defense of that These payments will not reduce the limits of indemnitee, necessary litigation expenses incurred insurance. by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as 2. If we defend an insured against a "suit" and an Supplementary Payments. Notwithstanding the indemnitee of the insured is also named as a party provisions of Paragraph 2.b.(2) of Section I — to the "suit", we will defend that indemnitee if all of Coverages — Coverage A — Bodily Injury And the following conditions are met: Property Damage Liability or Paragraph 2.e. of a. The "suit" against the indemnitee seeks Section I — Coverages — Coverage B — Personal damages for which the insured has assumed And Advertising Injury Liability, such payments will the liability of the indemnitee in a contract or not be deemed to be damages for "bodily injury", agreement that is an "insured contract"; "property damage" or "personal injury", and will not reduce the limits of insurance. b. This insurance applies to such liability assumed Our obligation to defend an insured's indemnitee by the insured; and to pay for attorneys' fees and necessary c. The obligation to defend, or the cost of the litigation expenses as Supplementary Payments defense of, that indemnitee, has also been ends when: Page 10 of 21 ©2017 The Travelers Indemnity Company.All rights reserved. CG T1 OO 02 19 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL GENERAL LIABILITY a. We have used up the applicable limit of workers" while performing duties insurance in the payment of judgments, related to the conduct of your settlements or medical expenses; or business; b. The conditions set forth above, or the terms of (b) To the spouse, child, parent, brother or the agreement described in Paragraph f. above, sister of that co-"employee" or are no longer met. "volunteer worker" as a consequence SECTION II —WHO IS AN INSURED of Paragraph (1)(a) above; 1. If you are designated in the Declarations as: (c) For which there is any obligation to a. An individual, you and your spouse are share damages with or repay someone insureds, but only with respect to the conduct else who must pay damages because of a business of which you are the sole owner. of the injury described in Paragraph b. A partnership or joint venture, you are an (1)(a) or (b) above; or insured. Your members, your partners, and (d) Arising out of his or her providing or their spouses are also insureds, but only with failing to provide professional health respect to the conduct of your business. care services. c. A limited liability company, you are an insured. Unless you are in the business or Your members are also insureds, but only with occupation of providing professional health respect to the conduct of your business. Your care services, Paragraphs (1)(a), (b), (c) managers are insureds, but only with respect to and (d) above do not apply to "bodily injury" their duties as your managers. arising out of providing or failing to provide d. An organization other than a partnership, joint first aid or "Good Samaritan services" by venture or limited liability company, you are an any of your "employees" or "volunteer insured. Your "executive officers" and directors workers", other than an employed or volunteer doctor. Any such employees or are insureds, but only with respect to their "volunteer workers" providing or failing to duties as your officers or directors. Your provide first aid or "Good Samaritan stockholders are also insureds, but only with services" during their work hours for you respect to their liability as stockholders. will be deemed to be acting within the e. A trust, you are an insured. Your trustees are scope of their employment by you or also insureds, but only with respect to their performing duties related to the conduct of duties as trustees. your business. 2. Each of the following is also an insured: (2) "Property damage" to property: a. Your "volunteer workers" only while performing (a) Owned, occupied or used by; duties related to the conduct of your business, (b) Rented to, in the care, custody or or your "employees", other than either your control of, or over which physical "executive officers" (if you are an organization control is being exercised for any other than a partnership, joint venture or limited purpose by; liability company) or your managers (if you are a limited liability company), but only for acts you, any of your "employees", "volunteer within the scope of their employment by you or workers", any partner or member (if you are while performing duties related to the conduct a partnership or joint venture), or any of your business. However, none of these member (if you are a limited liability "employees" or "volunteer workers" are company). insureds for: b. Any person (other than your "employee" or (1) "Bodily injury" or"personal injury": "volunteer worker"), or any organization, while (a) To you, to your partners or members (if acting as your real estate manager. you are a partnership or joint venture), c. Any person or organization having proper to your members (if you are a limited temporary custody of your property if you die, liability company), to a co-"employee" but only: while in the course of his or her (1) With respect to liability arising out of the employment or performing duties maintenance or use of that property; and related to the conduct of your business, or to your other "volunteer (2) Until your legal representative has been appointed. CG T1 00 02 19 ©2017 The Travelers Indemnity Company.All rights reserved. Page 11 of 21 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL GENERAL LIABILITY d. Your legal representative if you die, but only b. Arises out of the ownership, maintenance or with respect to duties as such. That use of that part of any premises leased to you. representative will have all your rights and The insurance provided to such premises owner, duties under this Coverage Part. manager or lessor is subject to the following e. Any person or organization that, with your provisions: express or implied consent, either uses or is a. The limits of insurance provided to such responsible for the use of a watercraft that you premises owner, manager or lessor will be the do not own that is: minimum limits that you agreed to provide in the (1) 50 feet long or less; and written contract or agreement, or the limits (2) Not being used to carry any person or shown in the Declarations, whichever are less. property for a charge. b. The insurance provided to such premises 3. Any organization you newly acquire or form, other owner, manager or lessor does not apply to: than a partnership, joint venture or limited liability (1) Any "bodily injury" or "property damage" company, and of which you are the sole owner or in that occurs, or "personal and advertising which you maintain an ownership interest of more injury" caused by an offense that is than 50%, will qualify as a Named Insured if there is committed, after you cease to be a tenant in no other similar insurance available to that that premises; or organization. However: (2) Structural alterations, new construction or a. Coverage under this provision is afforded only demolition operations performed by or on until the 180th day after you acquire or form the behalf of such premises owner, manager or organization or the end of the policy period, lessor. whichever is earlier; 5. Any person or organization that is an equipment b. Coverage A does not apply to "bodily injury" or lessor and that you have agreed in a written contract "property damage" that occurred before you or agreement to include as an additional insured on acquired or formed the organization; and this Coverage Part is an insured, but only with c. Coverage B does not apply to "personal and respect to liability for "bodily injury", "property advertising injury" arising out of an offense damage", or"personal and advertising injury" that: committed before you acquired or formed the a. Is "bodily injury" or "property damage" that organization. occurs, or is "personal and advertising injury" caused by an offense that is committed, For the purposes of Paragraph 1. of Section II — subsequent to the signing of that contract or Who Is An Insured, each such organization will be agreement; and deemed to be designated in the Declarations as: b. Is caused, in whole or in part, by your acts or a. An organization, other than a partnership, joint omissions in the maintenance, operation or use venture or limited liability company; or of equipment leased to you by such equipment b. A trust; lessor. The insurance provided to such equipment lessor is as indicated in its name or the documents that subject to the following provisions: govern its structure. a. The limits of insurance provided to such 4. Any person or organization that is a premises equipment lessor will be the minimum limits that owner, manager or lessor and that you have agreed you agreed to provide in the written contract or in a written contract or agreement to include as an agreement, or the limits shown in the additional insured on this Coverage Part is an Declarations, whichever are less. insured, but only with respect to liability for "bodily injury", "property damage" or "personal and b. The insurance provided to such equipment advertising injury" that: lessor does not apply to any "bodily injury" or "property damage" that occurs, or "personal a. Is "bodily injury" or "property damage" that and advertising injury" caused by an offense occurs, or is "personal and advertising injury" that is committed, after the equipment lease caused by an offense that is committed, expires. subsequent to the signing of that contract or No person or organization is an insured with respect to agreement; and the conduct of any current or past partnership, joint Page 12 of 21 ©2017 The Travelers Indemnity Company.All rights reserved. CG T1 OO 02 19 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL GENERAL LIABILITY venture or limited liability company that is not shown as a. The amount shown for the Damage To a Named Insured in the Declarations. This paragraph Premises Rented To You Limit in the does not apply to any such partnership, joint venture or Declarations of this Coverage Part; or limited liability company that otherwise qualifies as an b. $300,000 if no amount is shown for the insured under Section II —Who Is An Insured. Damage To Premises Rented To You Limit in SECTION III —LIMITS OF INSURANCE the Declarations of this Coverage Part. 1. The Limits of Insurance shown in the Declarations 7. Subject to Paragraph 5. above, the Medical and the rules below fix the most we will pay Expense Limit is the most we will pay under regardless of the number of: Coverage C for all medical expenses because of a. Insureds; "bodily injury" sustained by any one person. The Limits of Insurance of this Coverage Part apply b. Claims made or"suits" brought; or separately to each consecutive annual period and to any c. Persons or organizations making claims or remaining period of less than 12 months, starting with bringing "suits". the beginning of the policy period shown in the Declarations, unless the policy period is extended after 2. The General Aggregate Limit is the most we will pay issuance for an additional period of less than 12 for the sum of: months. In that case, the additional period will be a. Medical expenses under Coverage C; deemed part of the last preceding period for purposes of b. Damages under Coverage A, except damages determining the Limits of Insurance. because of "bodily injury" or "property damage" SECTION IV — COMMERCIAL GENERAL LIABILITY included in the "products-completed operations CONDITIONS hazard"; and 1. Bankruptcy c. Damages under Coverage B. Bankruptcy or insolvency of the insured or of the 3. The Products-Completed Operations Aggregate insured's estate will not relieve us of our obligations Limit is the most we will pay under Coverage A for under this Coverage Part. damages because of "bodily injury" and "property 2, Duties In The Event Of Occurrence, Offense, damage" included in the "products-completed Claim Or Suit operations hazard". a. You must see to it that we are notified as soon 4. Subject to Paragraph 2. above, the Personal And as practicable of an "occurrence" or an offense Advertising Injury Limit is the most we will pay which may result in a claim. To the extent under Coverage B for the sum of all damages possible, notice should include: because of all "personal injury" and "advertising injury" sustained by any one person or organization. (1) How, when and where the "occurrence" or offense took place; 5. Subject to Paragraph 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we (2) The names and addresses of any injured will pay for the sum of: persons and witnesses; and a. Damages under Coverage A; and (3) The nature and location of any injury or damage arising out of the "occurrence" or b. Medical expenses under Coverage C; offense. because of all "bodily injury" and "property damage" arising out of any one "occurrence". b. If a claim is made or "suit" is brought against any insured, you must: For the purposes of determining the applicable Each Occurrence Limit, all related acts or (1) Immediately record the specifics of the omissions committed in providing or failing to claim or"suit" and the date received; and provide first aid or "Good Samaritan services" to (2) Notify us as soon as practicable. any one person will be deemed to be one "occurrence". You must see to it that we receive written notice of the claim or"suit" as soon as practicable. 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will c. You and any other involved insured must: pay under Coverage A for damages because of (1) Immediately send us copies of any "premises damage" to any one premises. The demands, notices, summonses or legal Damage To Premises Rented To You Limit will be: papers received in connection with the claim or"suit"; CG T1 00 02 19 ©2017 The Travelers Indemnity Company.All rights reserved. Page 13 of 21 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL GENERAL LIABILITY (2) Authorize us to obtain records and other (iii) An executive officer or director of information; any other organization; or (3) Cooperate with us in the investigation or (iv)A trustee of any trust; settlement of the claim or defense against the "suit"; and that is your partner, joint venture member, manager or trustee; or (4) Assist us, upon our request, in the enforcement of any right against any (b) Any employee authorized by such person or organization which may be liable partnership, joint venture, limited to the insured because of injury or damage liability company, trust or other organization to give notice of an to which this insurance may also apply. "occurrence" or offense. d. No insured will, except at that insured's own (3) Notice to us of such "occurrence" or cost, voluntarily make a payment, assume any offense will be deemed to be given as soon obligation, or incur any expense, other than for as practicable if it is given in good faith as first aid, without our consent. soon as practicable to your workers' e. The following provisions apply to Paragraph a. compensation insurer. This applies only if above, but only for purposes of the insurance you subsequently give notice to us of the provided under this Coverage Part to you or any "occurrence" or offense as soon as insured listed in Paragraph 1. or 2. of Section II practicable after any of the persons —Who Is An Insured: described in Paragraph e.(1) or (2) above discovers that the "occurrence" or offense (1) Notice to us of such "occurrence" or may result in sums to which the insurance offense must be given as soon as provided under this Coverage Part may practicable only after the "occurrence" or apply. offense is known to you (if you are an However, if this policy includes an endorsement individual), any of your partners or that provides limited coverage for "bodily injury" members who is an individual (if you are a or "property damage" or pollution costs arising partnership or joint venture), any of your out of a discharge, release or escape of managers who is an individual (if you are a "pollutants" which contains a requirement that limited liability company), any of your the discharge, release or escape of "pollutants" "executive officers" or directors (if you are must be reported to us within a specific number an organization other than a partnership, of days after its abrupt commencement, this joint venture, or limited liability company), Paragraph e. does not affect that requirement. any of your trustees who is an individual (if you are a trust) or any "employee" 3. Legal Action Against Us authorized by you to give notice of an No person or organization has a right under this "occurrence" or offense. Coverage Part: (2) If you are a partnership, joint venture, a. To join us as a party or otherwise bring us into limited liability company or trust, and none a "suit" asking for damages from an insured; or of your partners, joint venture members, b. To sue us on this Coverage Part unless all of managers or trustees are individuals, notice its terms have been fully complied with. to us of such "occurrence" or offense must be given as soon as practicable only after A person or organization may sue us to recover on the "occurrence" or offense is known by: an agreed settlement or on a final judgment against an insured; but we will not be liable for damages (a) Any individual who is: that are not payable under the terms of this Coverage Part or that are in excess of the (i) A partner or member of any applicable limit of insurance. An agreed settlement partnership or joint venture; means a settlement and release of liability signed by (ii) A manager of any limited liability us, the insured, and the claimant or the claimant's company; legal representative. Page 14 of 21 ©2017 The Travelers Indemnity Company.All rights reserved. CG T1 OO 02 19 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL GENERAL LIABILITY 4. Other Insurance (ii) That is insurance for "premises If valid and collectible other insurance is available to damage"; the insured for a loss we cover under Coverages A (iii) If the loss arises out of the or B of this Coverage Part, our obligations are maintenance or use of aircraft, limited as described in Paragraphs a. and b. below. "autos" or watercraft to the extent As used anywhere in this Coverage Part, other not subject to any exclusion in this insurance means insurance, or the funding of Coverage Part that applies to losses, that is provided by, through or on behalf of: aircraft, "autos" or watercraft; (i) Another insurance company; (iv) That is insurance available to a premises owner, manager or (i i) Us or any of our affiliated insurance companies, lessor that qualifies as an insured except when the Non cumulation of Each under Paragraph 4. of Section II — Occurrence Limit provision of Paragraph 5. of Who Is An Insured, except when Section III — Limits Of Insurance or the Non Paragraph d. below applies; or cumulation of Personal and Advertising Injury (v) That is insurance available to an Limit provision of Paragraph 4. of Section III — equipment lessor that qualifies as Limits of Insurance applies because the an insured under Paragraph 5. of Amendment — Non Cumulation Of Each Occurrence Limit Of Liability And Non Section II — Who Is An Insured, except when Paragraph d. below Cumulation Of Personal And Advertising Injury Limit endorsement is included in this policy; applies. (iii)Any risk retention group; or (b) Any of the other insurance, whether primary, excess, contingent or on any (iv)Any self-insurance method or program, in other basis, that is available to the which case the insured will be deemed to be insured when the insured is an the provider of other insurance. additional insured, or is any other Other insurance does not include umbrella insured that does not qualify as a insurance, or excess insurance, that was bought named insured, under such other specifically to apply in excess of the Limits of insurance. Insurance shown in the Declarations of this (2) When this insurance is excess, we will Coverage Part. have no duty under Coverages A or B to As used anywhere in this Coverage Part, other defend the insured against any "suit" if any insurer means a provider of other insurance. As other insurer has a duty to defend the used in Paragraph c. below, insurer means a insured against that "suit". If no other provider of insurance. insurer defends, we will undertake to do so, but we will be entitled to the insureds rights a. Primary Insurance against all those other insurers. This insurance is primary except when (3) When this insurance is excess over other Paragraph b. below applies. If this insurance is insurance, we will pay only our share of the primary, our obligations are not affected unless amount of the loss, if any, that exceeds the any of the other insurance is also primary. sum of: Then, we will share with all that other insurance (a) The total amount that all such other by the method described in Paragraph c. below, insurance would pay for the loss in the except when Paragraph d. below applies. absence of this insurance; and b. Excess Insurance (b) The total of all deductible and self- insured amounts under all that other (1) This insurance is excess over: insurance. (a) Any of the other insurance, whether (4) We will share the remaining loss, if any, primary, excess, contingent or on any with any other insurance that is not other basis: described in this Excess Insurance provision and was not bought specifically to (i) That is Fire, Extended Coverage, apply in excess of the Limits of Insurance Builder's Risk, Installation Risk or shown in the Declarations of this Coverage similar coverage for"your work"; Part. CG T1 00 02 19 ©2017 The Travelers Indemnity Company.All rights reserved. Page 15 of 21 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL GENERAL LIABILITY c. Method Of Sharing a. The statements in the Declarations are If all of the other insurance permits contribution accurate and complete; by equal shares, we will follow this method also. b. Those statements are based upon Under this approach each insurer contributes representations you made to us; and equal amounts until it has paid its applicable c. We have issued this policy in reliance upon limit of insurance or none of the loss remains, your representations. whichever comes first. The unintentional omission of, or unintentional error If any of the other insurance does not permit in, any information provided by you which we relied contribution by equal shares, we will contribute upon in issuing this policy will not prejudice your by limits. Under this method, each insurer's rights under this insurance. However, this provision share is based on the ratio of its applicable limit does not affect our right to collect additional of insurance to the total applicable limits of premium or to exercise our rights of cancellation or insurance of all insurers. nonrenewal in accordance with applicable insurance d. Primary And Non-Contributory Insurance If laws or regulations. Required By Written Contract 7. Separation Of Insureds If you specifically agree in a written contract or Except with respect to the Limits of Insurance, and agreement that the insurance afforded to an any rights or duties specifically assigned in this insured under this Coverage Part must apply on Coverage Part to the first Named Insured, this a primary basis, or a primary and non- insurance applies: contributory basis, this insurance is primary to a. As if each Named Insured were the only other insurance that is available to such insured Named Insured; and which covers such insured as a named insured, and we will not share with that other insurance, b. Separately to each insured against whom claim provided that: is made or"suit" is brought. (1) The "bodily injury" or "property damage" for $• Transfer Of Rights Of Recovery Against Others which coverage is sought occurs; and To Us (2) The "personal and advertising injury" for If the insured has rights to recover all or part of any which coverage is sought is caused by an payment we have made under this Coverage Part, offense that is committed; those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, subsequent to the signing of that contract or the insured will bring "suit" or transfer those rights agreement by you. to us and help us enforce them. 5. Premium Audit 9. When We Do Not Renew a. We will compute all premiums for this Coverage If we decide not to renew this Coverage Part, we will Part in accordance with our rules and rates. mail or deliver to the first Named Insured shown in b. Premium shown in this Coverage Part as the Declarations written notice of the nonrenewal advance premium is a deposit premium only. At not less than 30 days before the expiration date. the close of each audit period we will compute If notice is mailed, proof of mailing will be sufficient the earned premium for that period and send proof of notice. notice to the first Named Insured. The due date SECTION V—DEFINITIONS for audit and retrospective premiums is the date 1. "Advertisement" means a notice that is broadcast or shown as the due date on the bill. If the sum of published to the general public or specific market the advance and audit premiums paid for the segments about your goods, products or services policy period is greater than the earned for the purpose of attracting customers or premium, we will return the excess to the first Named Insured. supporters. For the purposes of this definition: c. The first Named Insured must keep records of a. Notices that are published include material the information we need for premium placed on the Internet or on similar electronic computation, and send us copies at such times means of communication; and as we may request. b. Regarding websites, only that part of a website 6. Representations that is about your goods, products or services for the purposes of attracting customers or By accepting this policy, you agree: supporters is considered an advertisement. Page 16 of 21 ©2017 The Travelers Indemnity Company.All rights reserved. CG T1 OO 02 19 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL GENERAL LIABILITY 2. "Advertising injury": b. In, by or with any other electronic means of a. Means injury caused by one or more of the communication, such as the Internet, if that following offenses: material is part of: (1) Oral or written publication, including (1) Radio or television programming being publication by electronic means, of material transmitted; in your "advertisement" that slanders or (2) Other entertainment, educational, libels a person or organization or instructional, music or news programming disparages a person's or organization's being transmitted; or goods, products or services, provided that the claim is made or the "suit" is brought by (3) Advertising transmitted with any of such a person or organization that claims to have programming. been slandered or libeled, or that claims to have had its goods, products or services 6. "Coverage territory" means: disparaged; a. The United States of America (including its (2) Oral or written publication, including territories and possessions), Puerto Rico and publication by electronic means, of material Canada; in your"advertisement" that: b. International waters or airspace, but only if the (a) Appropriates a person's name, voice, injury or damage occurs in the course of travel photograph or likeness; or or transportation between any places included (b) Unreasonably places a person in a in Paragraph a. above; or false light; or c. All other parts of the world if the injury or (3) Infringement of copyright, "title" or "slogan" damage arises out of: in your "advertisement", provided that the c (1) Goods or products made or sold by you in claim is made or the "suit" is brought by a the territory described in Paragraph a. person or organization that claims ownership of such copyright, "title" or above; "slogan". (2) The activities of a person whose home is in b. Includes "bodily injury" caused by one or more the territory described in Paragraph a. of the offenses described in Paragraph a. above, but is away for a short time on your above. business; or 3. "Auto" means: (3) "Personal and advertising injury" offenses a. A land motor vehicle, trailer or semitrailer that take place through the Internet or designed for travel on public roads, including similar electronic means of communication; any attached machinery or equipment; or provided the insured's responsibility to pay b. Any other land vehicle that is subject to a damages is determined in a "suit" on the merits in compulsory or financial responsibility law, or the territory described in Paragraph a. above, or in a other motor vehicle insurance law, where it is settlement we agree to. licensed or principally garaged. 7. "Electronic data" means information, facts or However, "auto" does not include "mobile programs stored as or on, created or used on, or equipment". transmitted to or from computer software (including 4. "Bodily injury" means: systems and applications software), hard or floppy disks, CD-ROMs, tapes, drives, cells, data a. Physical harm, including sickness or disease, processing devices or any other media which are sustained by a person; or used with electronically controlled equipment. b. Mental anguish, injury or illness, or emotional g, "Employee" includes a "leased worker". "Employee" distress, resulting at any time from such does not include a "temporary worker". physical harm, sickness or disease. 5. "Broadcasting" means transmitting any audio or 9• "Executive officer" means a person holding any of visual material for any purpose: the officer positions created by your charter, constitution, bylaws or any other similar governing a. By radio or television; or document. CG T1 00 02 19 ©2017 The Travelers Indemnity Company.All rights reserved. Page 17 of 21 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL GENERAL LIABILITY 10. "Good Samaritan services" means any emergency tracks, roadbeds, tunnel, underpass or medical services for which no compensation is crossing; demanded or received. (2) That indemnifies an architect, engineer or 11. "Hostile fire" means a fire which becomes surveyor for injury or damage arising out of: uncontrollable or breaks out from where it was intended to be. (a) Preparing, approving, or failing to prepare or approve, maps, shop 12. "Impaired property" means tangible property, other drawings, opinions, reports, surveys, than "your product" or "your work", that cannot be field orders, change orders or drawings used or is less useful because: and specifications; or a. It incorporates "your product" or "your work" (b) Giving directions or instructions, or that is known or thought to be defective, failing to give them, if that is the deficient, inadequate or dangerous; or primary cause of the injury or damage; or b. You have failed to fulfill the terms of a contract or agreement; (3) Under which the insured, if an architect, if such property can be restored to use by the engineer or surveyor, assumes liability for an injury or damage arising out of the repair, replacement, adjustment or removal of "your insured's rendering or failure to render product" or "your work" or your fulfilling the terms of professional services, including those listed the contract or agreement. in Paragraph (2) above and supervisory, 13. "Insured contract" means: inspection, architectural or engineering a. A contract for a lease of premises. However, activities. that portion of the contract for a lease of 14. "Leased worker" means a person leased to you by a premises that indemnifies any person or labor leasing firm under an agreement between you organization for "premises damage" is not an and the labor leasing firm, to perform duties related "insured contract"; to the conduct of your business. "Leased worker" b. A sidetrack agreement; does not include a "temporary worker". 15. "Loading or unloading" means the handling of c. Any easement or license agreement, except in connection with construction or demolition property: operations on or within 50 feet of a railroad; a. After it is moved from the place where it is accepted for movement into or onto an aircraft, d. An obligation, as required by ordinance, to watercraft or"auto"; indemnify a municipality, except in connection with work for a municipality; b. While it is in or on an aircraft, watercraft or "auto"; or e. An elevator maintenance agreement; f. That part of any other contract or agreement c. While it is being moved from an aircraft, watercraft or "auto" to the place where it is pertaining to your business (including an finally delivered; indemnification of a municipality in connection with work performed for a municipality) under but "loading or unloading" does not include the which you assume the tort liability of another movement of property by means of a mechanical party to pay for "bodily injury", "property device, other than a hand truck, that is not attached damage" or "personal injury" to a third person to the aircraft, watercraft or"auto". or organization. Tort liability means a liability that 16. "Mobile equipment" means any of the following would be imposed by law in the absence of any types of land vehicles, including any attached contract or agreement. machinery or equipment: Paragraph f. does not include that part of any a. Bulldozers, farm machinery, forklifts and other contract or agreement: vehicles designed for use principally off public (1) That indemnifies a railroad for "bodily roads; injury" or "property damage" arising out of b. Vehicles maintained for use solely on or next to construction or demolition operations, premises you own or rent; within 50 feet of any railroad property and affecting any railroad bridge or trestle, c. Vehicles that travel on crawler treads; Page 18 of 21 ©2017 The Travelers Indemnity Company.All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL GENERAL LIABILITY d. Vehicles, whether self-propelled or not, b. An act or omission committed in providing or maintained primarily to provide mobility to failing to provide first aid or "Good Samaritan permanently mounted: services" to a person, unless you are in the (1) Power cranes, shovels, loaders, diggers or business or occupation of providing drills; or professional health care services. (2) Road construction or resurfacing 18. "Personal and advertising injury" means "personal equipment such as graders, scrapers or injury" or"advertising injury". rollers; 19. "Personal injury": e. Vehicles not described in Paragraph a., b., c. or d. above that are not self-propelled and are a. Means injury, other than "advertising injury", maintained primarily to provide mobility to caused by one or more of the following permanently attached equipment of the offenses: following types: (1) False arrest, detention or imprisonment; (1) Air compressors, pumps and generators, including spraying, welding, building (2) Malicious prosecution; cleaning, geophysical exploration, lighting and well servicing equipment; or (3) The wrongful eviction from, wrongful entry into, or invasion of the right of private (2) Cherry pickers and similar devices used to occupancy of a room, dwelling or premises raise or lower workers; that a person occupies, provided that the f. Vehicles not described in Paragraph a., b., c. wrongful eviction, wrongful entry or invasion or d. above maintained primarily for purposes of the right of private occupancy is other than the transportation of persons or committed by or on behalf of the owner, cargo. landlord or lessor of that room, dwelling or However, self-propelled vehicles with the premises; following types of permanently attached (4) Oral or written publication, including equipment are not "mobile equipment" but will publication by electronic means, of material be considered "autos": that slanders or libels a person or (1) Equipment designed primarily for: organization or disparages a person's or organization's goods, products or services, (a) Snow removal; provided that the claim is made or the "suit" (b) Road maintenance, but not is brought by a person or organization that construction or resurfacing; or claims to have been slandered or libeled, or (c) Street cleaning; that claims to have had its goods, products or services disparaged; or (2) Cherry pickers and similar devices mounted on automobile or truck chassis (5) Oral or written publication, including and used to raise or lower workers; and publication by electronic means, of material that: (3) Air compressors, pumps and generators, including spraying, welding, building (a) Appropriates a person's name, voice, cleaning, geophysical exploration, lighting photograph or likeness; or and well servicing equipment. However, "mobile equipment" does not include any (b) Unreasonably places a person in a land vehicle that is subject to a compulsory or false light. financial responsibility law, or other motor vehicle b. Includes "bodily injury" caused by one or more insurance law, where it is licensed or principally of the offenses described in Paragraph a. garaged. Such land vehicles are considered above. "autos". 17. "Occurrence" means: 20. "Pollutants" mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, a. An accident, including continuous or repeated vapor, soot, fumes, acids, alkalis, chemicals and exposure to substantially the same general waste. Waste includes materials to be recycled, harmful conditions; or reconditioned or reclaimed. CG T1 00 02 19 ©2017 The Travelers Indemnity Company.All rights reserved. Page 19 of 21 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL GENERAL LIABILITY 21. "Premises damage" means: contract calls for work at more than a. With respect to the first paragraph of the one job site. exceptions in Exclusion j. of Section I — (c) When that part of the work done at a Coverage A — Bodily Injury And Property job site has been put to its intended Damage Liability, "property damage" to any use by any person or organization other premises while rented to you for a period of than another contractor or seven or fewer consecutive days, including the subcontractor working on the same contents of such premises; or project. b. With respect to the exception to Exclusions c. Work that may need service, maintenance, through n. in the last paragraph of Paragraph 2. correction, repair or replacement, but which of Section I — Coverage A — Bodily Injury And is otherwise complete, will be treated as Property Damage Liability, "property damage" to completed. any premises while rented to you for a period of b. Does not include "bodily injury" or "property more than seven consecutive days, or while damage" arising out of: temporarily occupied by you with permission of the owner, caused by: (1) The transportation of property, unless the injury or damage arises out of a condition in (1) Fire; or on a vehicle not owned or operated by (2) Explosion; you, and that condition was created by the "loading or unloading" of that vehicle by any (3) Lightning; insured; (4) Smoke resulting from fire, explosion or (2) The existence of tools, uninstalled lightning; or equipment or abandoned or unused (5) Water. materials; or But "premises damage" under this Paragraph (3) Products or operations for which the b. does not include "property damage" to any classification, listed in the Declarations or premises caused by: in a policy Schedule, states that products- completed operations are subject to the (1) Rupture, bursting, or operation of pressure General Aggregate Limit. relief devices; (2) Rupture or bursting due to expansion or 23. "Property damage" means: swelling of the contents of any building or a. Physical injury to tangible property, including all structure caused by or resulting from water; resulting loss of use of that property. All such or loss of use will be deemed to occur at the time of (3) Explosion of steam boilers, steam pipes, the physical injury that caused it; or steam engines or steam turbines. b. Loss of use of tangible property that is not 22. "Products-completed operations hazard": physically injured. All such loss of use will be deemed to occur at the time of the "occurrence" a. Includes all "bodily injury" and "property that caused it. damage" occurring away from premises you For the purposes of this insurance, "electronic data" own or rent and arising out of "your product" or is not tangible property. "your work" except: (1) Products that are still in your physical 24. "Slogan": possession; or a. Means a phrase that others use for the purpose (2) Work that has not yet been completed or of attracting attention in their advertising. abandoned. However, "your work" will be b. Does not include a phrase used as, or in, the deemed completed at the earliest of the name of: following times: (1) Any person or organization, other than you; (a) When all of the work called for in your or contract has been completed. (2) Any business, or any of the premises, (b) When all of the work to be done at the goods, products, services or work, of any job site has been completed if your person or organization, other than you. Page 20 of 21 ©2017 The Travelers Indemnity Company.All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL GENERAL LIABILITY 25. "Suit" means a civil proceeding in which damages (a) You; because of "bodily injury", "property damage" or "personal and advertising injury" to which this (b) Others trading under your name; or insurance applies are alleged. "Suit" includes: (c) A person or organization whose a. An arbitration proceeding in which such business or assets you have acquired; damages are claimed and to which the insured and must submit or does submit with our consent; (2) Containers (other than vehicles), materials, or parts or equipment furnished in connection b. Any other alternative dispute resolution with such goods or products. proceeding in which such damages are claimed b. Includes: and to which the insured submits with our (1) Warranties or representations made at any consent. time with respect to the fitness, quality, 26. "Temporary worker" means a person who is durability, performance or use of "your furnished to you to substitute for a permanent product"; and "employee" on leave or to meet seasonal or short- (2) The providing of or failure to provide term workload conditions. warnings or instructions. 27. "Title" means a name of a literary or artistic work. c. Does not include vending machines or other 28. "Unsolicited communication" means any property rented to or located for the use of communication, in any form, that the recipient of others but not sold. such communication did not specifically request to 31. "Your work": receive. a. Means: 29. "Volunteer worker" means a person who is not your (1) Work or operations performed by you or on "employee", and who donates his or her work and your behalf; and acts at the direction of and within the scope of duties determined by you, and is not paid a fee, (2) Materials, parts or equipment furnished in salary or other compensation by you or anyone else connection with such work or operations. for their work performed for you. b. Includes: 30. "Your product": (1) Warranties or representations made at any a. Means: time with respect to the fitness, quality, durability, performance or use of "your (1) Any goods or products, other than real work"; and property, manufactured, sold, handled, distributed or disposed of by: (2) The providing of or failure to provide warnings or instructions. CG T1 00 02 19 ©2017 The Travelers Indemnity Company.All rights reserved. Page 21 of 21 Includes copyrighted material of Insurance Services Office, Inc.with its permission. TRAVELERS!' WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 ( A)— POLICY NUMBER: UB2L553909 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. The additional premium for this endorsement shall be % of the California workers' compensation pre- mium. Schedule Person or Organization Job Description Any Person or organization for which the insured has agreed by written contract executed prior to loss to furnish this waiver. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Insurance Company Countersigned by Travelers Property Casualty Company of America DATE OF ISSUE: 8/26/2026 Page 1 of 1 Policy # 108566922 D. the dates of the alleged events; and E. the reasons for anticipating a Claim, any Claim subsequently made against any Insured arising out of such Potential Claim will be deemed to have been made on the date such notice was received by the Company. All notices under this section must be sent or delivered to the Company set forth in ITEM 3 of the Declarations and will be effective upon receipt. IX. RELATED CLAIMS All Claims or Potential Claims for Related Wrongful Acts will be considered as a single Claim or Potential Claim , whichever is applicable. All Claims or Potential Claims for Related Wrongful Acts will be deemed to have been made the date: A. the first of such Claims for Related Wrongful Acts was made; or B. the first notice of such Potential Claim for Related Wrongful Acts was received by the Company, whichever is earlier. X. SUBROGATION In the event of payment under this policy, the Company is subrogated to all of the Insured's rights of recovery against any person or organization to the extent of such payment and the Insured will execute and deliver instruments and papers and do whatever else is necessary to secure such rights. The Insured will do nothing to prejudice such rights. Section X. SUBROGATION does not apply if the Insured, prior to the date a Wrongful Act is committed, has waived its right of recovery for Damages that result from such Wrongful Act. XI. RECOVERIES All recoveries from third parties for payments made under this policy apply, after first deducting the costs and expenses incurred in obtaining such recovery: A. first, to the Company to reimburse the Company for any Deductible amount it has paid on behalf of any Insured; B. second, to the Insured to reimburse the Insured for the amount it has paid which would have been paid hereunder, but for the fact that such amount is in excess of the applicable limit hereunder; C. third, to the Company to reimburse the Company for the amount paid hereunder; and D. fourth, to the Insured in satisfaction of any applicable Deductible paid by the Insured, provided that such recoveries do not include any recovery from insurance, suretyship, reinsurance, security or indemnity taken for the Company's benefit. XII. ACQUISITIONS If, during the Policy Period, the Named Insured acquires or forms an entity that performs Professional Services, coverage will be provided for such acquired or formed entity and its respective Insured Persons for Wrongful Acts committed after the Named Insured acquires or forms such entity. Coverage for such entity will end 90 days after the acquisition or formation of such entity, or the end of the Policy Year, whichever is earlier, unless the Company has agreed to provide such coverage by endorsement. PTC-1001 Ed. 11-08 Printed in U.S.A. Page 4 of 7 ©2008 The Travelers Companies, Inc.All Rights Reserved