HomeMy WebLinkAboutCAA PLANNINGCity of Santa Ana
Clerk of the Council
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AGREEMENT TERMINATION
Please complete this form when the attached agreeme w nggr
in effect. Return form to the Clerk of the Council - $t ` " ITA ANA
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Call 647 -5237 if you have any questions. O = C #4
RECEIVED
AUG 0 6 2007
SANTA ANA PLANNING DEPT
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C2i CONSULTANT AGREEMENT
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THIS AGREEMENT, made and entered into this 18'h day of June, 2007 by and between
CAA PLANNING, a California corporation (hereinafter "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 (hereinafter "City ").
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of
environmental services and related technical studies.
B. Consultant represents that Consultant is able and willing to provide such services to the
City.
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 provide environmental study and related technical study services related
to analyses of the California Environmental Quality Act and the National Environmental Policy
Act, as set forth in City's Request for Qualifications for Environmental Consultants, incorporated
to this Agreement by reference, and Consultant's Proposal, attached hereto as Exhibit A and
incorporated by reference to this Agreement. Said services shall be provided at request of the
Executive Director of the Planning and Building Agency, as evidenced by a writing signed by
the Executive Director and the City Attorney.
2. DELIVERY OF WORK PRODUCT
Consultant shall deliver to City all work product which results from the services
provided. Said work product shall be submitted in hard copy and produced in a form compatible
with City's computer system, as agreed between the Project Manager and Consultant.
In regard to all copyrightable material produced as a deliverable under this Agreement,
including but not limited to books, reports, plans, photographs, drawings, films, recordings,
videotapes, and computer programs, Consultant agrees, for itself and for its affected officers,
employees, agents, contractors, and volunteer workers, that (a) other such material may not be
copyrighted without prior review from the City, and (b) the authors of all such material, whether
copyrighted or not, award to the City, and to its officers, agents and employees acting within the
scope of their official duties, as a condition of payment to the Consultant, a royalty -free,
nonexclusive, irrevocable license throughout the world for governmental purposes to disclose,
publish, translate, reproduce, and use such materials.
3. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services,
the rates and charges identified in Exhibit B. The total sum to be expended under this
Agreement shall be set in the writing authorizing Consultant to perform a specific project
pursuant to this Agreement.
b. Payment by City shall be made within thirty (30) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. Payment need not
be made for work which fails to meet the standards of performance set forth in the Recitals
which may reasonably be expected by City.
4. TERM
This Agreement shall commence on the date first written above and terminate on June 30,
2008, unless terminated earlier in accordance with Section 13, below. The term of this
Agreement may be extended upon a writing executed by the Executive Director of Planning and
Building and the City Attorney.
5. 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.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
a. Commercial General Liability Insurance. Consultant shall maintain commercial
general liability insurance naming the City, its officers, employees, agents, volunteers and
representatives as additional insured(s) and shall include, but not be limited to protection against
claims arising from bodily and personal injury, including death resulting therefrom and damage
to property, resulting from any act or occurrence arising out of Consultant's operations in the
performance of this Agreement, including, without limitation, acts involving vehicles. The
amounts of insurance shall be not less than the following: single limit coverage applying to
bodily and personal injury, including death resulting therefrom, and property damage, in the total
amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed
additional insured endorsement in substantially the form attached hereto as Exhibit B upon
execution of this Agreement and shall be approved in form by the City Attorney.
b. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for
owned, hired and non -owned automobiles.
c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300
of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against
liability for worker's compensation or to undertake self - insurance. Prior to commencing the
performance of the work under this Agreement, Consultant agrees to obtain and maintain any
employer's liability insurance with limits not less than $1,000,000 per accident.
d. Professional liability (errors and omissions) insurance, with a combined single limit of
not less than $1,000,000 per claim.
e. The following requirements apply to the insurance to be provided by Consultant
pursuant to this section:
(i) Consultant shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved in form by the City Attorney.
(iii) Certificates and policies shall state that the policies shall not be canceled
or reduced in coverage or changed in any other material aspect without
thirty (30) days prior written notice to the City.
f. If Consultant fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has been procured
and is in force and paid for, the City shall have the right, at the City's election, to forthwith
terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its
time and materials expended prior to notification of termination. Consultant waives the right to
receive compensation and agrees to indemnify the City for any work performed prior to approval
of insurance by the City.
7. INDEMNIFICATION
Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, consultants, special counsel, and representatives from liability: (l) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims
for personal injury, including health, and claims for property damage, which may arise due to
negligent acts, omissions or willful misconduct in the performance, from the direct or indirect
operations of the Consultant or its contractors, subcontractors, agents, employees, or other
persons acting on their behalf which relates to the services described in section 1 of this
Agreement; 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 negligent acts,
omissions or willful misconduct in the performance of this Agreement.
8. 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.
9. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under
this Agreement.
10. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered in person or
mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other
telegraphic communication in the manner provided in this Section, to the following persons:
To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M -30)
P.O. Box 1988
Santa Ana, CA 92702 -1988
telefacsimile (714) 647 -6956
With courtesy copies to:
and
Executive Director of Planning and Building
City of Santa Ana
20 Civic Center Plaza (M -20)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 973 -1461
City Attorney
City of Santa Ana
20 Civic Center Plaza (M -29)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647 -6515
To Consultant: CAA PLANNING
Thomas B. Matthews
85 Argonaut, Suite 220
Aliso Viejo, California 90656 -4105
Telefacsimile: (949) 581 -3599
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by telefacsimile, communication shall be effective or
deemed to have been given twenty -four (24) hours after the time set forth on the transmission
report issued by the transmitting facsimile machine, addressed as set forth above. For purposes
of calculating these time frames, weekends, federal, state, County or City holidays shall be
excluded.
11. 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 nor
the City. Each party to this Agreement acknowledges that no representations, inducements,
promises or agreements, orally or otherwise, have been made by any party, or anyone acting on
behalf of any party, which are not embodied herein.
12. 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 consultants retained by City.
13. 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 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.
b. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
14. DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital
status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited
by applicable law, in the recruitment, selection, training, utilization, promotion, termination or
other employment related activities. Consultant affirms that it is an equal opportunity employer
and shall comply with all applicable federal, state and local laws and regulations.
15. 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.
16. 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.
17. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature bereinbelow has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to
City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
ATRICIA E. HEALY
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH W.FLETCHER
City Attorney
By: AM
Lauod 9heedy
Assistant City Attorney
CITY OF SANTA ANA
h �D�. OCAM
City Manager
CAA PLANNING
B. MATHEWS
Tax ID# 15-- 36G729J�;
C,11-
CAA PLANNING
May 21, 2007
City of Santa Ana
Planning & Building Agency
Attn: Mr. Pedro Guillen, Associate Planner
20 Civic Center Plaza (M -20)
Santa Ana, California 92702
Subject: Request for Qualifications for Environmental Consultants
Dear Mr. Guillen:
CAA Planning (CAA) is pleased to present the enclosed Statement of Qualifications
(SOQ) in response to the City of Santa Ana Request for Qualifications. We understand
that the City is seeking to create -a list of qualified "as- needed" California Environmental
Quality Act (CEQA) and National Environmental Policy Act (NEPA) consultants for a
range of Public and/or Private Projects located throughout the City.
CAA is uniquely qualified and well known for our ability to prepare necessary planning
and environmental documentation, and our aptitude to organize, manage and implement
large scale planning projects. CAA is widely recognized as an environmental firm that
offers the highest level of technical expertise and a diverse professional capability. CAA
excels in advising public agencies on matters pertaining to CEQA, NEPA and associated
planning services. Our firm offers over 26 years of continuous experience in the process
of timely and cost efficient environmental impact documents.
CAA and its owners and principals, as listed in the enclosed SOQ, are the only interested
parties to this proposal. This proposal is made without collusion with any other person,
persons, company or parties submitting a proposal. It is in all respects fair and in good
faith without collusion or fraud and the signer of the proposal has full authority to bind
CAA and its principals.
In 2005, CAA was privileged to work with the City of Santa Ana on a major project that
involved the introduction of the MacArthur Place South high -rise residential development
to the South Main Street Redevelopment Project Area. We would welcome the
opportunity to once again work with the City.
The enclosed request for qualifications was drafted to address all the information
requested in your letter. We look forward to your response and the opportunity to assist
EXHIEII q
85 Argonaut, Suite 220, Aliso Viejo, California 92656 -4105 • (949) 581 -28BR . Fax (949) 581 -3599
}
Mr. Pedro Guillen
May 21, 2007
Page 2
the City with our environmental and planning services. If you have any questions, please
do not hesitate to call me, or Shawna Schaffner, at (949) 581 -2888.
Sincerely,
CIl PL G
Y
Tho as B. Mathev
Presi ent
1. Firm Background /History
Business Organization
Throughout public agencies and within the business community, CAA Planning (CAA) is recognized
as an environmental and planning consulting firm offering the highest level of technical expertise and
professional capability. CAA is known for its exceptional depth of senior talent, its self- starter phi-
losophy, and its commitment — as a partner to the client — to handle every project as if it were our own.
With many years of experience in the public and private sectors, CAA is deeply involved in the intri-
cacies of California Environmental Quality Act (CEQA) and National Environmental Policy Act
(NEPA) analysis, as well as the planning and entitlement process. CAA's expertise can save clients
time and money where it counts the most, and CAA is known for its outstanding adherence to strict
schedules. In working with public agencies, CAA serves as an extension of staff, enhancing the City of
Santa Ana team. CAA does not assume more work than we can do well, and CAA does not put inex-
perienced people in charge of a project.
CAA possesses senior management level personnel knowledgeable in virtually every expertise touch -
ing the planning process. This makes CAA's CEQAINEPA compliance documents above reproach,
since a large part of the environmental planning process is the anticipation of issues before they are
stated to the City. This saves time, money, and effort, and results in an environmental analysis process
of great integrity. The principals of CAA have processed environmental documents ranging in size
from large to small, controversial to routine, finite to evolving.
CAA, a California corporation, is an urban planning and environmental impact documentation con -
sulting company providing services to the private and public land development community. The prin-
cipal offices of CAA are located in the City of Aliso Viejo in southern Orange County. Our contact
information is provided below.
CAA Planning
85 Argonaut, Suite 220
Aliso Viejo, CA 92656
949 -581 -2888
949 - 581 -3599 fax
mail@caaplanriing.com
CAA is proposed to be the primary firm for providing services requested in the RFQ. As individual
projects are identified, technical subconsultants in specific areas may be necessary, such as for the
preparation of traffic, noise, or air quality assessments. Any proposed subconsultants would be submit-
ted for review and approval prior to commencement of work on a particular project.
Company History
Established in 1981, CAA was organized with the philosophy that the process of achieving the goals
of our clients is best accomplished by a management team that produces informative, legally defensi-
ble implementation documents for carrying out a project. Our extensive experience in and for the
1 City of Santa Ana Environmental Consulting Services
Statement of Qualifications
public sector enables us to establish an instant and effective relationship with staff, decision makers,
and the public. Our strong public hearing and public speaking skills are often called upon by public
agencies to assist in the public debate of a project.
The corporation is led and owned by C. David Culbertson, Chairman, and Shawna L. Schaffner, Chief
Executive Officer. The company is organized into three functional areas of expertise: CEQA/NEPA,
Current Planning (including major project management), and the California Coastal Act. In addition to
two principals, the company employs six professional and administrative support staff. The CEQA
Section includes three professional full -time staff. Additional professional planning staff members
regularly provide services to CAA on a contract basis for CEQA/NEPA- related matters.
CAA has been responsible for the preparation, processing, and approval of more than 600 projects in
the last 26 years that represent a comprehensive range of CEQA- mandated project reports and approv-
als, as well as development and land use entitlement projects. This range of CEQA - related work in-
cludes such projects as the preparation of Program Environmental Impact Reports (EIRs) for master
planned communities and redevelopment areas, general plan updates, local coastal programs and
preparation of EIRs for new schools, residential developments, and retail centers.
2. Work /Services Approach
CAA's role in the preparation of a project's CEQA compliance documentation is to provide an objec-
tive evaluation of a project's potential environmental effects. CAA's role in communicating results of
a project's study to the public at large is primarily through preparation of thorough and easy -to -use
documents. The ability to distill material that is frequently very technical into an accessible format is
essential. CAA often provides executive summaries and user - friendly synopses to upload onto agency
websites to facilitate additional outreach beyond that legally mandated by CEQA/NEPA and other
federal and state laws.
In addition, an important role CAA undertakes for each project is to educate the Iocal public regarding
the span and limitations of environmental review, and to identify opportunities for public input. An
individual project's results are typically categorized as significant, less than significant with mitiga-
tion, less than significant, or no impact. Mitigation measures are identified where needed and available
to reduce potentially significant impacts.
We see ourselves as an extension of City staff to help ensure project success. Our extensive experience
in the public sector enables us to establish an instant and effective relationship with staff, decision
makers, and the public. We see ourselves providing "soup to nuts" support for project environmental
compliance, not just drafting of the CEQA/NEPA document. Early in the process, we can help de-
velop project strategies to minimize time and monies spent and also provide mitigation monitoring
during project construction to ensure full CEQA/NEPA compliance to protect the City.
CAA will provide environmental consulting services to the City to perform the necessary environ-
mental planning and management tasks to prepare and adopt CEQA/NEPA compliance documentation
for various projects as identified, These services will assist in complying with applicable environ-
mental regulations and policies. The scope of CEQA/NEPA compliance services that CAA offers
includes not only the environmental clearances for the proposed individual development projects, but
on -call availability for questions and consultations as needed.
2 City of Santa Ana Environmental Consulting Services
Statement of Qualifications
CAA's expertise in CEQA/NEPA is unsurpassed. Within the scope of the contract services, CAA will
assist in the preparation, processing, and approval of documentation related to CEQA/NEPA for im-
plementation of individually proposed projects of varying scale and complexity. This includes provid-
ing advice to approaches on handling complex environmental analyses. CAA will assist with applica-
ble state and federal agencies and other affected parties concerning documentation and project ap-
provals.
The services provided by CAA will involve the preparation and processing of CEQA/NEPA documen-
tation, which may include the following types of documents and services:
• Preparation of Initial Study/Environmental Assessment
• Preparation and processing of Negative Declarations and Mitigated Negative
Declarations/Findings of No Significance (FONSI)
• Preparation and processing of Environmental Impact Reports (EIR)(i.e., project, program,
master, subsequent, or supplemental)/Environmental Impact Statements (EIS)
• Addenda to previously approved Mitigated Negative Declarations/FONSIs
• Addenda to previously certified EIRs/EISs
• Notices of Preparation /Notices of Intent
• Notices of Completion
• Notices of Determination
• Notices of Exemption
• Staff project reports
• Responses to Comments documents
• Mitigation Monitoring and Reporting Programs and Plans
• Resolutions
• Findings of Fact
• Statements of Overriding Consideration
• Presentations of CEQA/NEPA process at Scoping Meetings
• Presentations at public meetings and public hearings before decision makers
• Presentations before community groups
• Consultations with Responsible Agencies and other affected agencies and stakeholders
• Reviewing, preparing, and/or processing of miscellaneous environmental work products
such as Planning and Feasibility Studies
3. Project Initiation and Process
Communication will play a major role in the execution and conduct of the environmental consulting
contract with the City. Poor communication can result in project delays, missed deadlines, and poten-
tial losses in funding for grants, etc. In keeping with its reputation of meeting project schedules and
assuring the client's accessibility to accountable staff, CAA proposes a well defined and proven meth-
odology of effecting and maintaining a smooth project implementation and providing excellent re-
sponses to the environmental consulting needs of the City.
City of Santa Ana Environmental Consulting Services
Statement of Qualifications
A representative CAA methodology consists of ten components that follow. Please keep in mind this
approach is very flexible and can be amended or further tailored to meet any client's needs.
1. To ensure that accountability is clearly defined in the contract, first lines of communi-
cation between the client and the CAA team will be with the CAA Principal -In- Charge
and the designated CAA Project Manager.
2. The project kick -off /startup meeting will be attended by the CAA Principal -In- Charge
and the CAA Project Manager.
3. All subsequent project management meetings will be attended by the CAA Project
Manager or, in his /her absence, by the Principal -In- Charge.
4. Within five working days, as a follow -up to all meetings, the attending CAA principal
will provide a concurrence memo to the Client Project Manager outlining action
points, decisions, and assignments.
5. The CAA Project Manager will indicate CAA's initial thoughts on the project within
five working days to the Client Project Manager. Concurrently, the CAA Project Man-
ager will request additional information, as needed. For minor projects, the Project
Manager will initiate the environmental process. For purposes of this proposal, a "mi-
nor project" is defined as a project resulting in the preparation of a Categorical Exemp-
tion, a Statutory Exemption, a Categorical Exclusion, or a simple Negative Declaration
(one with only minor mitigation, if any).
6. For major projects (e.g., Environmental Impact Reports), the CAA Project Manager
will submit a brief Scope of Work to the client for review and approval. The document
will identify CAA's understanding of the project and the scope of work, including me-
thodology and sampling protocol, if appropriate, names of individuals and subconsul-
tants assigned to carry out tasks, an estimated cost based upon the appropriate fee
schedule(s), and project schedule /duration.
7. For complex projects, the CAA Project Manager will schedule regular meetings with
the designated Client Project Manager.
8. The CAA Project Manager will provide, at a minimum, monthly status reports to the
Client Project Manager.
9. E -mail, fax, courier service, and overnight delivery will be used on a regular basis to
expedite communication. Memos, draft documents, and minor reports will be transmit-
ted by these media, as appropriate.
10. In all cases, draft CEQA documents and notices will be provided for review, comment,
and approval prior to finalization and public release.
The combination of the CAA approach to City projects and the experience and expertise of staff will
enable the prompt development and processing of environmental compliance documentation for all
levels of projects proposed. CAA can be prepared to commence project initiation and processing im-
mediately after selection by the City.
0-i: 4 City of Santa Ana Environmental Consulting Services
Statement of Qualifications
4. Quality Assurance Plan
When an individual project is identified, CAA will prepare a detailed scope of work and cost proposal
for City review and approval. Through initial consultation, CAA will develop a precise project de-
scription to be used during the execution of the project. Early consultation with affected stakeholders,
such as resource agencies, municipalities, local organizations, and/or neighbors is recommended to
solicit input on potential project issues. These approaches make for a much more predictable environ-
mental review process and reduce changes in contract scope and budget.
Individual project budgets are broken out into tasks with an associated line item amount depending
upon the unique issues and processing needs for that project. Contract budgets are monitored weekly
to ensure the project is within the overall budget, as well as the cost allocated for each task. If unan-
ticipated issues are identified, any deviations from the original scope of work and/or project descrip-
tion will be brought immediately to the City's attention with a description of the additional work re-
quired and associated costs, if any,
Prior to submittal to the City, work products are thoroughly reviewed internally by senior project man-
agement. Screencheck copies of documents will be provided for review and approval prior to finaliza-
tion and being made available to the public.
Appendix A includes a Schedule of Fees for CAA. Project management costs are built into billing
rates for all senior level staff. Initial training of staff is never billed to CAA clients. Questions on bills
or any billing matter for a project are handled directly by the Principal in Charge, and clients are en-
couraged to contact CAA on any billing questions or dispute of charges.
5. Staff Qualifications
Because of its corporate philosophy, CAA can expand or contract its organization by association with
appropriate professionals in the field. CAA can provide the full range of environmental and technical
services for any project undertaken by a public agency, whether in -house or by aggressive manage-
ment of subconsultants. Most importantly, CAA has represented many municipalities and school dis-
tricts on CEQA- related matters and projects.
Because of our size, CAA is selective concerning the number of projects for which the firm is respon-
sible at any given time. This philosophy ensures that each project is managed personally by a firm
principal who works directly with the client on every facet of the project.
The CAA team brings years of experience across a wide range of projects. The CAA CEQA team is
led by Shawna L. Schaffner, Chief Executive Officer, and includes Thomas B. Mathews, President;
Paul E. Shaver, Manager of Planning and Engineering Services; Kathleen M. Crum, Associate Planner
and Margaret F. Partridge, Associate Planner. Complete staff resumes for the CEQA team are included
in Appendix B.
y City of Santa Ana Environmental Consulting Services
Statement of Qualifications
Shawna L. Schaffner
As Chief Executive Officer, Ms. Schaffner oversees the daily operations at CAA. and is head of
CAA's CEQA planning program. Ms. Schaffner focuses on the preparation of environmental
compliance documents and processes for CEQA/ NEPA engagements, managing project coordi-
nation and completion among subconsultants, clients, and staff experts. Ms. Schaffner has main-
tained an energy among CAA's staff for rigorous analysis in environmental documents. CAA's
environmental analyses, therefore, not only consist of accurate, comprehensive inventories and
rigorous analysis, but also focus on problem solving. Ms. Schaffner has worked closely with lo-
cal cities, counties and school districts in the preparation of CEQA required reports for residen-
tial, commercial, and public facility projects. In addition to her work under CEQA, Ms. Schaff-
ner has extensive experience in current planning. She has worked on the preparation and proc-
essing of numerous Coastal Development Permits and zone change applications. Through her
work with public agencies, Ms. Schaffner has strong working relationships with local city and
county planners.
Thomas B. Mathews
As President of CAA, Mr. Mathews provides direct project management services for several of
the Company's larger clients on a wide range of project types in several jurisdictions. In addition
to project management, his expertise includes effective coordination among clients, subconsul-
tants, and staff resources. His past experience managing and implementing entitlements for nu-
merous planned communities in Orange County is a valuable asset to the environmental team.
With over 30 years as a professional planner, Mr. Mathews is recognized in both the public and
private sectors as an accomplished manager. He understands the critical time - sensitive nature
and fiduciary obligations of programming and managing large -scale and complex projects.
Paul E. Shaver
The CEQA team is further enhanced by the contributions of Paul Shaver. As Manager of Plan-
ning and Engineering Services at CAA, Mr. Shaver is responsible for the day -to -day manage-
ment of entitlement and permitting for all development projects. This expertise brings a key skill
set that allows for a successful interface with CEQA, specifically pertaining to the development
of relevant and effective mitigation measures. Additionally, Mr. Shaver brings extensive experi-
ence managing the coordination of engineering and utilities for large construction projects. In
particular, Mr. Shaver's recent assignment with Soka University, where he was responsible for
the coordination of all grading and site improvement plans, provides value -added expertise to
CAA and the City.
CAA has never had a CEQA determination overturned by a court of appeals in over 26 years of pro-
viding urban planning and environmental impact documentation services to the public and private
development communities. Although many projects have been controversial, no Negative Declaration,
Environmental Determination, or Environmental Impact Report written by CAA has been overturned
in a court or found inadequate by decision makers.
6 City of Santa Ana Environmental Consulting Services
Statement of Qualifications
6. Staff Augmentation /Technical Subconsultants
Based on numerous years of experience in the environmental planning field, CAA has found that an
interdisciplinary team approach best serves the client's interest and ensures the integrity of a project's
analysis. CAA has also determined that the top technical specialists are most often found in their own
consulting businesses. Therefore, for projects requiring technical expertise in such areas as traffic,
noise, air quality, geotechnical, and biological resources analysis, CAA relies upon other consultants
recognized and respected in their fields. This association, in the form of subconsultant agreements,
ensures that technical consultant expertise is customized to individual client and project needs.
A Project Team Organization Chart is provided below, including potential subconsultant team mem-
bers and further indicates percentage of involvement each staff member may actually perform work
for City projects. The identified Subconsultants do not represent a complete list of available subconsul-
tants. Additionally, the percentage of staff time available to dedicate to a City project will vary based
on the specific projects. In the past, CAA has been willing to dedicate up to 100 percent of a staff
member's time to a project.
CAA recognizes that each client need is different, and as a result, the use of technical consultants can
be customized on a project -by- project basis. This business structure offers great cost efficiencies, as
clients pay for only those technical services needed and used. Qualifications and resumes for potential
technical consultant work efforts will be provided prior to the City's approval of the consultants sug-
gested by CAA.
7 City of Santa Ana Environmental Consulting Services
Statement of Qualifications
` Appendix A -
CAA PLANNING
General Provisions and
Schedule of Fees for Professional Services
Standard Billing Rates Effective January 1, 2007
Billing rates are subject to revision effective January I of each year
Classification Hourly Rates
Principal $275.00
' Principal Planner I 150.00
Principal Planner R 145.00
' Senior Project Manager 135.00
Project Manager 125.00
Engineering Coordinator 125.00
' Senior Planner 110.00
Associate Planner I 100.00
Associate Planner II 85.00
' Graphics Manager 75.00
Assistant Planner 65.00
' General Conditions
1. Reimbursable expenses (travel accommodations including rental vehicles and regularly sched-
uled commercial airline flights, food and lodging, blueprinting and reproduction, deliv-
ery /courier, supplies, extensive mailing postage, etc.) are billed at cost and are in addition to
the estimated fee for the project.
' 2. Automobile mileage outside Orange County will be billed at $0.485 per mile.
3. Hourly rates apply to work time as well as travel time and waiting time that occurs at public
hearings. Rates increase 50% for depositions or court testimony.
4. Statements will be submitted monthly for work in progress or upon completion of work.
Statements are payable upon receipt. Any statement unpaid after thirty (30) days shall be sub-
ject to the maximum monthly interest charge provided by law on amounts thirty (30) days past
due. If Client fails to pay Consultant within sixty (60) days after invoice is rendered, client
agrees Consultant shall have the right to consider such default in payment a material breach of
the entire agreement, and, upon written notice, the duties, obligations, and responsibilities of
Consultant under this agreement are terminated.
flt�a
EXHIBIT Q
1 City of Santa Ana Environmental Consulting Services
Statement of Qualifications
T
5. Client hereby agrees that the balance in a billing statement is correct and binding unless the
Client notifies the Consultant in writing within ten (10) days of the date of billing and informs
Consultant of alleged incorrect item; provided however, that the foregoing shall apply only to
the description of work performed as set forth in the billing statement and if after such ten (10)
day period Client discovers a mathematical error in the billing statement, Client shall not be
bound by the erroneous balance which Consultant hereby agrees to correct.
6. Consultant makes no warranty as to its findings, except that the work is performed using gen-
erally accepted methods.
7. Consultant makes no warranty that the project will be approved by any governmental agency,
nor endorsed by any citizens group.
8. Client agrees to limit the Consultant's liability to the Client and to all Contractors and Subcon-
tractors on the project due to Consultant's material, willful, and grossly negligent acts, errors,
or omissions, to the sum of $50,000 or to the Consultant's fee, whichever is less.
9. In the event either party commences legal action to enforce this Agreement of the General
Conditions, the prevailing party shall be entitled to recover its reasonable attorney's fees and
costs incurred in the action, in addition to all other relief to which the prevailing party is enti-
tled.
10. In the event of a mid -phase contract suspension, billings will be prorated to reflect tasks in
progress, except where a task was completed early, in which case it will be billed as if the task
were complete.
11. Client agrees and concurs that Consultant is obligated to only Client to perform and/or receive
direction or instructions on the project, and that Consultant is not obligated to perform and/or
take direction or instructions from Client's other Consultants or Subconsultants without prior
written notification and concurrence by Consultant.
2 City of Santa Ana Environmental Consulting Services
C Statement of Qualifications
EXHIBIT C
ADDITIONAL INSURED ENDORSEMENT
FOR COMMERCIAL GENERAL LIABILITY POLICY
Insurance Company
This endorsement modifies such insurance as is afforded by the provisions of Policy
# relating to the following:
1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its
officers, employees, agents, volunteers and representatives are named as additional insureds
( "additional insureds ") with regard to liability and defense of suits arising from the operations
and uses performed by or on behalf of the named insured.
2. With respect to claims arising out of the operations and uses performed by or on
behalf of the named insured, such insurance as is afforded by this policy is primary and is not
additional to or contributing with any other insurance carried by or for the benefit of the
additional insureds.
3. This insurance applies separately to each insured against whom claim is made or
suit is brought except with respect to the company's limits of liability. The inclusion of any
person or organization as an insured shall not affect any right which such person or organization
would have as a claimant if not so included.
4. With respect to the additional insureds, this insurance shall not be cancelled, or
materially reduced in coverage or limits except after thirty (30) days written notice has been
given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701.
(Completion of the following, including countersignature, is required to make this endorsement
effective.)
Effective
Policy # _
Issued to
this endorsement form as a part of
Named Insured
Countersigned by
Authorized Representative
Sent By:'ALLIED BROKERS;
949 4531244; Jul -26 -07 9:26; rage c
AC ORD DATE(MNVDD/YYYY)
TM CERTIFICATE OF LIASI:LITY INSURANCE or129rs0 1
PRODUCER Pryq,v, 9) 1''tb Fmi; WBA58 -Y2d+4
ALLIED 9;tz St YEARCT 4`g4URANCE AGENCY
T'NIg' CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
10375 EARRANCA, PARKWAY, OC-102
ONLY AND CONFERS NO RfQKTS UPON THE CERTIFICATE
HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
IRVINE CA 82618
ALTER THE COWRA00 AFFORDED BY THE POLICIES BELOW.
06101/07 08/01108
I
1 INSURERS AFFORDING COVERAGE NAIC O
AD PI ATIV
X COMMt:RCIAL GENERA(: LIABILITY
INSURED ,;
INSURER A: 138TDOR1 Casualty kR:Urente Company 29424
, ........
3 300,000
INSURER a National liable E Fire IusuTanu CO. 20052
Culbertson Atkins d Assoctates, Ino,
Os ArpDnaup Stilts 220
WSURER C. Houston Casuany Nsuranca Company. a23T4
.........
ANao Vle)o CA 928564109
INSURER D:
INSURER E:
.c,
THE P CIE3 OF IWAINANtC U LOW HAVE BEEN ISSUED TO THE INIMED NAMED FOR THE POLICY PERIOD INDICATED, NOTMtH3TANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT Olt OTHER DOCOMENT Von {'RESPECT TO INHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE APPORDED BY THE #OLIC*,5 DUCRM50 HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE. LIMITS SHoAN MAY HAVE BEEN REDUCED BY PAID CLAMS,
N6R ioov
LTR INaRG TYPE DP INELIIt4NLE :POLICY NDM6Bt. VOLMYaPn[ " ; PaIMYWRANdN LIMITS
rALURE TO DO BO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE
GENERALUABIUTY 72813AN11293
06101/07 08/01108
I
N r
AD PI ATIV
X COMMt:RCIAL GENERA(: LIABILITY
Attvnbon: TONIA 7.ERBA SENIOR ACCT ASST
PAMACETD RENTED
, ........
3 300,000
I ClAIM9MA0E f
1 X, OCCUR
MED. DIP (Any ass peniar)
5 10;000
i
PERSONAL L AbV INJURY
5 21000 900
,
OkNERAL AOOREOATE
5 4,000 000
GENLAGGREGAIY LMMT APPLIES PEtEI
PRODUCT &COMPIOPAGG
S 4,000,000
POLICY Lea iLOG;
'-_...
..,,.
AUTOMOBILE UASIUTY 72SUANTt293 08!01107
08101/09
CbMeINED SINGLE LMfT
ANY AUTO
(Ea ar44-0)
S 2,000,000
ALL OVAlEOAUTOS
BODILY INJURY
SCHEM"O AUTOS I
(Per pww)
3
A
I
HIREb AUTOS
..
NON ONNSD µ1T06 � 1
ix
BODILY INJURY
(par rxitlam)
i
$
+
P• mil MDAMAGE
OARAOEUA61LITY
r••.e,�T�Ji�L�.
Y'
-
3
ANY AUTO
x
I
EA ACC 1I:NF
AU700NLY- R
'
THAN
AUTO ONLY:
!OTHER
AGG
3
t="Sl UMBRELLA LIABILITY
-- -
EACH OCCURRENCE
i
�J
OCCUR uCUM9 MADE
AGGREGATE
f
4111
SDDtw h ly AIL
I "Cy'
3
DEOUCTMLE
......___._.....
i
RtTENTIDN', i
-
3
�OAIKIIRSCOMF ENE ATXRI AND
MPLOYERS LIABILITY
0100013394081
D8/3T /08
09!31/07
X
E.L. EACH ACCIDENTS 1,000,000
rwcaM6xsER'EYeJA1p�T
El. DISEASE -EA EMPLOYEE .....li 1,000,000
S IN, hC,1b, 1mMr
5P[CUt PLaV�eltlNa Mto•
IS OIaWe- POLICY LIMIT 3 1,000,000
OTHER: PROPEIISIONAL:LIABOJTY. H711919290 .10!08109 10/09109 $2,000,000 PER OCCURRENCE
C CLAIMS MADE FORM,. $2,000,000 GENERAL AGGREGATE
.. 510,000 DEDUCTIBLE EACH CLAIM
..
DESCRIPTION OF OPERA ;IONSTLOCAT7GNWWRICLESIEXL"L UBIDNS'ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS
'EXCEPT 10 DAYS FOR NON PAYMENT OFPREMiUM, CERTIF"TE HOLDER IS ADDITIONAL INSURED PER ATTACHED FORM, PRIMARY
WORDING APPLtEB
AZ 0 ca LcvvTTvv / cartBlram ■ 9UD5 ® ACORD CORPORATION 1809
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
CITY OF SANTA ANA, PLANNING AND BUILDING AGENCY
EXPIRATION DATE THEREOF THE ISSUING INSURER WU ENDEAVOR TO MALL SDI
DAYS MITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT
rALURE TO DO BO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE
20 CIVIC CLFNTbR PLAZA
INSURER, WE AGENTS OR REPRE A S.
..''
PO BOX 19" 14 -2 0 :..
jell . .
AD PI ATIV
SANTA ANA CA 92762
Attvnbon: TONIA 7.ERBA SENIOR ACCT ASST
Allied B MIYeargl BI De Agency
AZ 0 ca LcvvTTvv / cartBlram ■ 9UD5 ® ACORD CORPORATION 1809
Sent By:•ALLIED BROKERS;
949 4531244; Jul -26 -07 9:26; raye o
BUSINESS LIABILITY COVERAGE FORM
2. Applicable To !Medical Expenses Coverage
e. A trust, you are an insured. Your trustees
We will not pay expenses for "bodily injury".
are also insureds, but only with respect to
a. Any insured
their duties as trustees.
7o any insured, except "volunteer workers"
2, Each of the following
9 Is also an insured:
b. Hired Person
a. Employees And Volunteer Workers
To a person hired to do work for or on behalf
Your "volunteer workers" only while
of any insured or a tenant of any insured.
performing duties related to the conduct of
c. Injury On Normally Occupied Premises
your business, or your "employees ", other
that) either your "executive officers" (if you
To a person injured on that part of
are an organization other than a
premises you own or rent that the person
partnership, joint venture or limited liability
normally occupies.
company) or your managers (if you are a
d. Workers' dompettsation And similar
limited liability cumpany), but only for acts
Laws
within the scope of their employment by
To a person, whether or not an
you or while performing duties related to
"employee" of any insured, if benefits for
the conduct of your business
the "bodily injury" are payable or must be
However, none of these "employees" or
provided under a workers' compensation
"volunteer workers" are insureds for
or disability benefits law or a similar law.
(1) "Bodily injury" or "personal and
e. Athletics Activities
advertising injury":
To a person injured while practicing,
(a) To you, to your partners or
Instructing or participating In any physical
members (if you are,a partnership
exercises Or games, sports or athletic
or joint venture), to your members
contests.
(if you are a limited liability
f. Products - Completed operations Hazard
company), or to a co- "employee"
Included with the "products -completed
while in the course of his or her
pera o
operations hazard ". -
employment or performing duties
related to the conduct of your
g. Business Liability Exclusions
business, or to your other
Excluded under Business Liability Coverage.
"volunteer workers" while
C. WHO IS AN INSURED
performing duties related to the
conduct of your business;
1. if you are designated in the Declarations as
(b) To the spouse, child, parent,
a. An individual, you and your spouse are
brother or sister of that co-
insureds, but only with respect to the
"employee" or that "volunteer
conduct of a business of which you are the
worker" as a consequence of
sofa owner,
Paragraph (1)(a) above:
b. A partnership Or joint venture, you fare an
(c) For which there is any obligation
insured. Your members, your partners, and
to share damages with or repay
their spouses are also insureds, but only with
someone else who must pay
respect to the conduct of your business.
damages because of the Injury
c. A limited arability company, you are an
described in Paragraphs (1)(a) or
insured. Your members are also insureds,
(b) above, or
but only with respect to the conduct of your
(d) Arising out of his or her providing
Du5ine8S. Your managers are Insureds, . but
or failing to provide professional
only with respect to their duties as your
health care services
managers,
If you are not in the business of
Of. An organization other; than a partnership,
providing professional health care
joint ventw'e or aimlted Ilatmlty company., you
services, Paragraph (d) does riot apply
are an insured,. Your "executive officers" and
to any nurse, emergency medical
directors are Insureds, but only will) respect
technician or paramedic ernptoyed by
to their duties as your officers or directors.
you to provide such services.
Your stockholders are also insureds, but only
(2) "Property damage" to property
with respect to their liability as stockholders.
(a) Owned, occupied or used by,
Page 10 of 24 Form SS 00 08 04 05
Sent By:' ALLIED BROKERS; 949 4531244; Jul -26 -07 9:27; rage w
BUSINESS LIABILITY COVERAGE FORM
Form ss oo oti 04 65 Page 11 of 24
(b) Rented to, In the care, custody or
b, Coverage under this provision does not
•
control of,. or over which physical
apply to:
control is being exercised for any
(1) "Bodily injury" or "property damage"
purpose by you, any of your
that occurred; or
"employees", "volunteer workers ",
any partner of member (if you are
(2) "Personal and advertising injury"
a partnership or joint venture), or
arising out of an offense committed
any member (i( you are a limited
before you acquired of formed the
liability company),
organization.
b, Real Estate Manager,
4. Operator Of Mobile Equipment
Any person (other than your "employee'' or
With respect to "motile equipment' registered in
d
"volunteer worker"), or any organization
your name under any motor vehicle registration
m
while acting as your real estate manager,
law, any person is an insured while driving such
c. Temporary Custodians Of Your
equipment along a public highway with your
property
permission. Any other person or organization
Any person or organization having proper
responsible for the conduct of such person is
o
temporary custody of :your property if you
also an insured, but only with respect to liability
but only:
arising out of the operation of the equipment, and
w
no
Mdie,
only if other insurance
nce of any s available
ry
(1) With respect to liability arising out of the
to that person or organization for this liability.
maintenance or use of that property; and
However, no person or organization is an insured
N
(2) Until your legal representative has
Witt) respect to;
o
been appointed.
a. "Bodily Injury" to a co- "employee" of the
o
d, Legal Representative if You Die
person driving the equipment; or
M
Your legal representative if you die, but
D. "Property damage', to property owned by,
ottly with respect to duties as such. That
rented to, in the charge of or occupied by
an
representative wHi have all your rights and
you or the employer of any person who is
duties under this insurance,
an insured under this provision,
e, Unnamed Subsidiary
S. Operator of Nonowned Watercraft
Any subsidiary and subsidiary thereof, of
VAth respect to watercraft you do not own that
40o
yours which is a legally incorporated entity
is less than 51 feet long and Is not being used
of which you own a financial interest of
to carry persons for a charge, any person is an
more than 50% of the voting stock on the
insured while operating such watercraft with
--
effective pate of this Coverage Part.
your permission. Any other person or
JIM
The insurance afforded herein for any
organization responsible for the conduct of
subsidiary not shown In the Declarations
such person Is also an insured, but only with
..w.
as a named insured does not apply to
respect to liability arising out of the operation
injury or damage with respect to which an
of the watercraft, and only If no other
insured under this Insurance is also an
insurance of any kind is available to that
insured under another policy or would be
person or organization far this liability,
an insured under such policy but for its
However, no person or organization is an
'E
termination or upon the exhaustion of its
insured with respect to
limits of insurance
a. "Bodily injury" to a co- "employee" of the
C
3. Newly Acquired Or Formed Organization
person operating the watercraft; or
Any organization you newly acquire or form,
b• "Property damage" to property owned by,
other than a partnership, joint venture or
rented to, In the charge of or occupied by
limited 118bility company, and over which you
you or the employer of any person who is
maintain - financial interest of more than 50% of
an insured under this provision.
=111111
the voting stock; will qualify as a Named
6. Additional Insureds When Required By
insured.if there is no other similar insurance
Written Contract, Written Agreement Or
—`
available to that organizaticin. However;
Permit
a. Coverage under this provision Is afforded
The person(s) or organization(s) identified in
only unlit the 180th day after you acquire
Paragraphs a. through f, below are additional
or form the organization or the end. of (he
insureds when you have agreed, in a written
policy period, whichever is earlier; and
,
Form ss oo oti 04 65 Page 11 of 24
Sent By:, ALLIED BROKERS; 949 4531244; Jul -26 -07 9:27; rage c
BUSINESS LjABILITY COVERAGE FORM
contract, written agreement or because of a
(e) Any failure to make such
permit issued by a state or political,
inspections, adjustments, tests or
subdivision, that such person or organization
servicing as the vendor has
be added as an additional Insured on your
agreed to make or normally
policy, provided the Injury or damage occurs
undertakes to make in the usual
subsequent to the execution of the contract or
course of business, in connection
agreement, or the issuance of the permit•
with the distribution or sale of the
A person or organization is an additional.
products;
insured under this provision only for that
(f) Demonstration, installation,
period of time required by the contract,
servicing or repair operations,
agreement or permit•
except such operations performed
However, no such persort or organization is an
at The vendor's premises i
connection with the sale of Ehe
additional insured under this provision if such
product;
person or organization is included as an
additional. Insured by an Issued
(g) Products which, after distribution
by us and made a part of this Coverage Part,
or sale by you, have been labeled
including all persons of organizations added
or relabeled or used as a
as additional insureds under the specific
container, part or ingredient of any
additional insured coverage grants in Section
other thing or substance by or for
F, — Optional Additional Insured Coverages.
the vendor; or
a. Vendors
(h) "Bodily injury" or "property
Any person(s) oWit (referred to
or oebut
damage" arising out of the sofa
n
tiekiw as vendor), but only with respect to
one
negligence of the vendor for its
"bodily injury" or "property damage" arising
own acts or omissions or those of
out of "your products" which are distributed
its employees or anyone else
or sold in the regular course of the vendors
acting on its behalf However, this
business and only it this Coverage Part
exclusion does not apply to:
provides coverage for "bodily injury" or
(1) The exceptions contained in
" property damage" included within the
Subparagraphs (d) or (f); or
" products - completed operations hazard ",
(ti) Such inspections, adjustments,
(1) The insurance afforded to the .vendor
tests or servicing as the vendor
is subject to the following additional
has agreed to make or normally
exclusions:
undertakes to make in the usual
This insurance does not apply to:
course of business, in
connection with the distribution
(a) "Bodily injury" or "property
or sale of the products.
damage" for which the vendor is
Obligated to. pay damages by
(2) This insurance does not apply to any
reason of the assumption of
insured person or organization from
liability in a Contract or agreement.
whom you have acquired such products,
This exclusion does not apply to
or any ingredient, part or container,
liability for. damages that the
entering into, accompanying or
Vendor would: have in the absence
containing such products.
of the contract or agreement;
b, Lessors Of Equipment
1b) Any express warranty
(1) Any person or organization from
unauthorized by you;
whom you lease equipment, but only
{c) Any physical or chemical change
with respect to their liability for "bodily
"property
in the product made intentionally
injury", damage" or
"personal
by the vendor;
and advertising injury"
d Repackaging,:
() p ging, except when
caused, in whole or in part, by your
maintenance, operation or use of
unpacked solely for the purpose of
equipment leased to you by such
inspection, demonstration, testing,
person or organization.
or the substitution of parts under
instructions from the manufacturer,.
and then repackaged in the
original container;
Page 12 of 24 Form SS 00 08 04 05
Sent
By^ ALLIED BROKERS; 949 4531244;
Jul -26.07 9:30; rage ici,�
BUSINESS LIABILITY COVERAGE FORM
Insured - State Or Political Subdivision -
(e) Any failure to make such
Permits, but only with respect to
inspections, adjustments, tests or
operations performed by you or on your
servicing as the vendor has agreed
behalf for which the state or political
to make or normally undertakes to
subdivision has issued a permit
make in the usual course of
b. With respect to the insurance afforded to
business, in connection with the
these additional insureds, the following
distribution or sale of the products;
additional exclusions apply:
(f) Demonstration, installation,
This insurance does hot apply to:
servicing or repair operations,
except such operations performed
(t) "Bodily injury", "property dam0ga" or
at the vendor's premises in
"personal and advertising injury
connection with the sale of the
w
arising out of operations performed for
product;
°D
the state or municipality; or
(g) Products which, after distribution
(2y "Bodily injury" or "property damage"
or sale by you, have been labeled
included in the "product- completed
or relabeled or used as a
operations" hazard.
container, part or ingredient of any
0
7. Additional Insured -. Vendors
other thing or substance by or for
m
a. WHO IS AN. INSURED under Section C. is
the vendor; or
amended to include as an additional
(h) "Bodily injury" or "property
insured the person(s) or or'ganizalion(s)
damage" arising out of the 5ote
o
(referred to below as vendor) shown in the
negligence of the vendor for its
0
Declarations as an Additional Insured -
own acts or omissions, or those Of
o
Vendor, but only with respect to " bodily
its employees or anyone else
•
injury" or "property damage" arising out of
acting on its behalf, However, this
your products" which are distributed or
e e
exclusion does not apply to:
sold in the regular course of the vendor's
business and only if this Coverage Part
The exceptions contained [
d n
Provides coverage for "bodily injury" or
Subparagraphs (d) or (f); or
"Property damage" included„ within the
(it) Such inspections,
6
"products- completsd operations hazard ",
adjustments, tests or servicing
ZM=
b. The insurance afforded to the vendor is
as the vendor has agreed to
rims
subject to the following additional excluslofts:
make or normally undertakes
..�r
Mors
(f) This insurance does not apply to:
to make in the usual course of
business, in connection with
(a) "Bodily injury" or "property
the distribution or sale of the
Now
damage" for which the vendor Is
products
obligated t0 pay damages by
(2) This insurance does not apply to any
M=
reason of the assumption of
Insured person or organization from
:
liability in a contract or agreement,
wham you have acquired such
This: exclusion does not apply to
products, or any ingredient, part or
liability for damages that the
container, entering into,
vendor would have in the absence
accompanying or containing such
of the contract or agreement,
products,
(b) Any express warranty
8. Additional Insured - Controlling interest
unauthorized by you;
VVHO IS AN INSURED under Section C, is
[mss
(c) Any iphysical or chemical change
amended to Include as an additional insured
in the .product made intentionally
the person(s) or organizalion(s) shown in the
by the vendor;
Declarations as an Additional Insured —
�`
(d) Repackaging, unless unpacked
Controlling Interest, but only with raspact to
solely for the purpose of inspection,
their liability arising out of:
demonstration,: testing, or the
a. Their financial control of you or
substitution of parts under
b. Premises they own, maintain or control
instructions from the manufacturer,,
while you lease or occupy these premises,
and then repackaged in the original
container,
Form 83 00 Oi 04 :0 Page 19 of 24
Sent By:, ALLIED BROKERS;
949 4531244; Jul-26-07 9:27; t-age o
BUSINESS LIABILITY COVERAGE FORM
a
(2) Wth respect to the Insurance afforded
a, Permits Issued By State Or PolitiCal
to these additional insured$, this
Subdivisions
Insurance does not apply 10 tiny
(1) Any state Or POINC21 subdivision. but
,100currence" which takes place after
only with respect to operations
you cease to lease that equipment.
performed by you or on your behalf for
c. Lessors Of L2nd OrPremises
which the state or political subdivision
(1) Any person or organization from
has issued a permit,
whom you lease land Or premises, but
(2) Win respect to the insurance afforded
only with respect to liability arising out
to these additional insureds, this
of the ownership, maintenance or use
insurance does not apply 10:
of that part of the land or premises
(aJ "Bodi)y injury", "property damage"
leased to you.
or "personal and advertising
(2) With respect to the insurance afforded
injury" arising out of operations
10 these addlitJoHal Insureds, this
performed for the state or
insurance does not apply to:
muniripality; or
Ja) Any loccurrence" which takes
(by "Bodily injury" or "property damage"
0
place after you cease to lease that
included within the "products-
land or be a tenant in that
completed operations hazarU".
premises; or
I. Any Other Party
(by Structural alterations, new
(1) Any other person or organization who
construction or demo5tion
is not an insured under Paragraphs a.
operations performed by or on
through a. above, but, only' with
behalf of such person or
respect to hability for "bWily injury".
organization.
property damage" or "personal and
d, Architects, Engineers Or Surveyors
advertising injuryn caused, in whole or
ZZ
(1) Any architect, engineer, or surveyor, but
in part, by your acts of omissions or
only with. respect to liability for "bodily
the acts or omissions of those acting
injury", "property damage" or "personal
on your behalf,
and advertising injury' caused, in whole
(a) In the performance of your
or in part, by your acts or orriisWnt or
ongoing operations;
,A=
the acts or orrilssions of those acting on
(by In connection with your premises
your behalf-,
owned by or rented to you; or
(a) In connection with your premises;
(cJ In connection with "your work" and
or
included within the "products-
(b) in the performance of your
completed operabons hazard", but
a=
ongoir.ig operations performed by
only if
you or on your behalf.
(1) The written contract or written
(2) With respect to tWinsurarce afforded
agreement requires you to
to these additional insureds, the
provide such coverage to
following additional exclusion ai)Phes�
such additional insured. and
This insurance does not apply to
(it) This Coverage Part provides
vow
"bodily irijury". "property damage' or
coverage for "bodily injury" or
"personal and advertising injury"
property damage" -included
arising out of the rendering of or the
within the "products-
failure to render any professional
completed operations hazard"
services by or for you, including:
(2) With respect to the insurance afforded
(a) The preparing, approving, or
to these additional insureds, this
'failure to propare or approve,
insurarv�;v does riot apply to�
maps, shop drawings, opinions.
"Bodily injury", "properly damage" or
reporls, surveys. field orders,
"personal and advertising Injury"
change orders, designs or
arising out of the rendering of, or file
drawings and specifications; of
failure to render, any professional
(b) Supervisory, inspection,
architectural, engineering or surveying
architectural of engineering
services, including:
activities.
Form SS 00 69 04 06
Page 13 of 24
Sent By., ALLIED BROKERS; 949 4531244;
BUSIryESS LIABILITY COVERAGE FORM
(a) The preparing, approving, ar
failure to prepare or approve,
maps, shop drawings, opinions,
reports, surveys, field orders,
change orders, designs or
drawings and specifications; or
(b) supervisory, inspection,
architectural or engineering
activities.
The limits of insurance that apply to additional
insureds are described in Section D. — Limits
Of Insurance.
How this insurance applies when other
insurance is available to an additional insured
is described in the Other Insurance Condition
in Section E. - Liability And Medical Expenses
General Conditions.
No person or organization is an insured with
respect to the conduct of any current or past
partnership, joint venture or limped liability
company, that is not shown as a Named Insured in
the Declarations.
D. LIABILITY AND MEDICAL EXPENSES
LIMITS OF INSURANCE
1. The 4ost We Will Pay
The Limits of insurance shown in the
Declarations and the rules below fix the most
we will pay regardless ofthe number of;
a. Insureds;
b, Claims made or "suits" brought; or
c. persons or organizations making claims or
bringing "suits ".
2. Aggregate Limits
The most we will pay for:.
a. Damages because of "bodiiy injury" and
"property damage" Included in the
"products - completed operations hazard" is
the Products - Completed Operations
Aggregate Limit shown in the
Declarations.
b. Damages because of all other "bodily
injury ", "property damage" or "personal
and advertising injury", including medical
expenses, k the General Aggregate Limit
shown in the Declarations.
This General Aggregate Limit applies
separately to each of your "locations"
owned by or rented to you,
"Location" means premises involving the
same or connecting lots, or premises
whose connection is interrupted only by a
street t, roadway or fight -of -way of a
railroad.
Jul -26 -07 9:28; rage
This General Aggregate limit does not
apply to "property damage" to premises
while rented to you or temporarily
occupied by you with permission of the
owner, arising out of fire, lightning or
explosion.
3. Each Occurrence Limit
Subject to Z -a. or 2,b above, whichever
applies, the most we will pay for the sum of all
damages because of all "bodily injury".
"property damage" and medical expenses
arising out of any one "occurrence" is the
Liability and Medical Expenses Limit shown in
the Declarations.
The most we will pay for all medical expenses
because of "bodily injury" sustained by any
one person is the Medical Expenses Limit
shown in the Declarations.
4, Personal And Advertising Injury Limit
Subject to 2.b. above, the most we will pay for
the sum of all damages because of all
"personal and advertising injury" sustained by
any one person or organization it the Personal
and Advertising Injury Limit shown in the
Declarations.
5. Damage To Premises Rented To You Limit
The Damage To Premises Rented To You
Lit-nit is the most we will pay under Business
Liability Coverage for damages because of
"property damage" to any one premises, while
rented to you, or in the case of damage by fire,
lightning or explosion, while rented to you or
temporarily occupied by you with permission of
the owner.
In the case of damage by fire, lightning or
explosion, the Damage to Premises Rented To
You Limit applies to all damage proximately
caused by the same event, whether such
damage results from fire, lightning or explosion
or any combination of these,
6, How Limits Apply To Additional Insureds
The most we will pay on behalf of a person or
organization who is an additional insured
under this Coverage Part is the lesser of
a. The limits of insurance specified in a
written contract, written agreement or
permit issued by a state or political
subdivision; or
b, t'he Limits of Insurance shown in the
Declarations.
Such amount shall be a part of and not in
addition to the Limits of Insurance shown in
the Declarations and described in this Section.
Page 14 of 24 Form SS 00 08 04 06
Sent By: ALLIED BROKERS;
949 4531244; Jul -26 -07 9:28; Nage aria
BUSINESS LIABILITY COVERAGE FORM
Form SS 00 08 04 05 Page 16 of 24
if more than one limit of insurance under this
(1) Immediately send us copies of any
policy and any endorsements attached thereto
demands, notices, summonses or
applies to any claim or "suit ", the most we will pay
le gat papers received in connection
under this policy and the endorsements is the
with the claim or "suit'
single highest limit of liability of all coverages
(2) Authorize us to obtain records and
applicable to such claim or "suit ". However, this
other information;
paragraph does not apply to the Medical Expenses
(3) Cooperate with us in the investigation,
limit set forth in Paragraph 3, above.
settlement of (fie claim or defense
The Limits of Insurance of this. Coverage Part apply
against the "suit" and
separately to each consecutive annual period and to
(4) Assist us, upon our request, in the
any remaining period of less than 12 months, starting
enforcement of any right against any
with the beginning of the policy, period shown in the
person or organization that may be
Declarations, unless the policy period is extended
liable to the insured because of injury
M
after issuance for an additional period of less than 12
or damage to which this insurance
months. to that case, the additional period will be
may also apply.
deemed part.ofthe last preceding. period for purposes
d. Obligations At The Insured's Own Cost
0
of determining the Limits of Insurance.
+
E. LIABILITY AND fAE"Dii'AL EXPENSES
No Insured -will, except at that insured's own
cost, voluntarily make a payment, assume
GENERAL CONDITIONS
any obligation, or incur any expense, other
1. Bankruptcy
than for first aid, without our consent.
r
Bankruptcy or insolvency of the insured or of
e. Additional insured's Other Insurance
o
the insured's estate will riot relieve us of our
If we cover a claim or "suit ", under this
0
obligations under this Coverage Part.
Coverage Part that may also be covered
*
2. Duties In The Event Of Occurrence,
by other Insurance available to an
Offense; claim Ot suit
additional insured, such additional insured
a. Notice Of Occurrence Or Offense
must submit such claim or "suit" to the
other insurer for defense and indemnity,
You or any additional insured must see to
However, this provision does not apply to
it that we are notified as soon as
"occurrence"
the extent that you have agreed in a
,Ron
practicable of an or an
offense which may result In a claim. To
written contract, written agreement or
the extent possible, notice Should include;
permit that this insurance is primary and
non- contributory with the additional
(1) How, when and where the "occurrence"
insured's own insurance,
or offense took place;
f. Knowledge Of An Occurrence, Offense,
(2) The names and addresses of any
Claim Or Suit
injured persons and witnesses; and
Paragraphs a. and b. apply to you or to
am
(3Y The nature and location of any injury
any additional insured only when such
NNW
or damage arising out of the
"occurrence ", offense, claim or "suit" is
�
"occurrence" or offense,
known to:
®
b. Notice Of Claim
(1) You or any additional insured that is
If a claim is made or "suit" is brought
an individual;
against any insured, you or any additional
(2) Any partner, if you or an additional
*�
�
insured must.
insured is a partnership;
®
(1) . Immediately rocord the specifics of the
(3) Any manager, if you or an additional
claim or "suit" and the date received;
insured is a limited liability company;
and
(4) Any "executive officer' or insurance
(2) , Notify us as. soon as practicable,
manager, if you or an additional
You -or any additional Insured must too to
insured Is a corporation;
it that we receive a written notice of the
(5) Any trustee, if you or an additional
'----
claim. or "suit " as soon as practicable.
insured is a trust; or
c. Assistance. And Cooperation Of The
(6) Any elected or appointed official, if you
Insured
or an additional insured is a political
You and any other involved insured must:
subdivision or public entity.
Form SS 00 08 04 05 Page 16 of 24
Sent By: ALLIED BROKERS;
949 4531244; Jul -26 -07 9:29; roye c,...
BUSINESS LIABILITY COVERAGE FORM
3.
4.
5,
6,
This Paragraph f. !applies separately to
you and any additional Insured.
Financial Responsibility Laws
a. UtsTten this policy is certified as proof of
financial responsibility for the future under
the provisions of any motor vehicle
financial responsibility taw, the insurance
provided by the policy for "bodity injury"
liability anil "property damage" liability will
comply with the provisions of the taw to
the extent of the coverage and limits of
Insurance required by that law.
b, With respect to "mobile equipment" to
which this insurance applies, we will
provide any liability, uninsured motorists,
underinsured motorists, no-fault or other
coverage required by any motor vehicle
law, We will provide the required limits for
those coverages.
Legal Action Against Us
No person or organization has a right under
this Coverage Form:
a. To join us as a party or otherwise bring us
into a "suit" asking for damages from. an
insured; or
b. To sue us on this Coverage Form unless
all of its terms have been fully complied
with.
A person of organization may sue us to recover
on an agreed settlement or on a final judgment
against an insured; but we will not be liable for
damages that are not payable under the terms of
this insurance or that are In excess' 'of the
applicable limit of Insurance. An agreed
settlement means a settlement and release of
liability signed by us, the insured and the
claimant or the claimant's legal representative,
Separation Of insureds
Except with respect to the Limits of insurance,
and any rights or duties specifically assigned
in this policy to the first Named insured, this
insurance applies:
a. As if each Named Insured were the only
Named Insured; and
b, Separately to each Insured against whom
a claim is made or "suit" is brought.
Representations
a. When You Accept This policy
5y accepting this policy, you agree:
(1) The statements in the Declarations
are accurate andcomplete;
(2) ,Those :statements are based upon
representations you made to us; and
(3) We have issued this policy in reliance
upon your representations.
b. Unintentional Failure To Disclose
Hazards
if unintentionally you should fail to disclose
all hazards relating to the conduct of your
business at the inception date of this
Coverage Part, we shall not deny any
coverage under this Coverage Part
because of such failure.
7. Other Insurance
If other valid and cullectiule insurance is
available for a loss we cover under this
Coverage Part, our obligations are limited as
follows:
a. Primary Insurance
This insurance is primary except when b.
below applies. If other insurance is also
primary, we wilt share with all that other
insurance by the method described in c.
below.
b. Excess Insurance
This insurance is excess over any of the
other Insurance, whether primary, excess,
contingent or on any other basis.
(1) Your Work
That is Fire, Extended Coverage,
Builder's Risk, Installation Risk or
similar coverage for "your work ";
(2) Premises Rented To You
That is fire, lightning or explosion
insurance for premises rented to you
Or temporarily occupied by you with
permission of the owner;
(3) Tenant Liability
That is Insurance purchased by you to
cover your liability as a tenant for
"Property damage" to premises rented
to you or temporarily occupied by you
with permission of the owner;
(4) Aircraft, Auto Or Watercraft
If the loss arises out of the maintenance
or use of aircraft, "autos" or watercraft to
the extent not subject to Exclusion g, of
Section A. - Coverages.
(6) Property Damage To Borrowed
Equipment or use of eievators
if the loss arises oul of "property
damage" to borrowed equipment or
the use of elevators to the extent not
subject to Exclusion k. of Section A. —
Coverages
Page 16 of 24 Form SS 00 08 04 05
Sent By: ALLIED BROKERS; 949 4531244; Jul -26 -07 9:29; Page 10113
BUSINESS LIABILITY COVERAGE FORM
When this Insurance is excess over other
insurance, we will pay only our share of
the amount of the loss, if any, that
exceeds the sum of,
(1) The total amount that all such other
insurance would pay for the loss In the
absence of this insurance; and
(2) The total of all deductible and self -
insured amounts under all that other
insurance
We will share the remaining loss, if any, with
any other insurance that is not described in
this Excess insurance provision and was not
bought specifically to apply in excess of the
Limits of Insurance shown in the
Oec(arations of this Coverage Part.
c, Method Of Sharing
If all the other insurance permits
contribution by equal shares, we will follow
this method also Under this approach,
each insurer contributes equal amounts
until it has paid its applicable limit of
Insurance or none of the loss remains,
whichever comes first.
If any of the other insurance does not permit
comrlbutlon by equal shares, we will
contribute by limits Under this method, each
insurers share is based on the ratio of its
applicable limit of insurance to the total
applicable limits of insurance of all insurers.
Transfer Of Rights Of Recovery Against
Others To Us
a, Transfer Of Rights Of Recovery
if the insured has rights to recover all or
part of any payment, including
Supplementary Payments, we have made
under this Coverage Part, those rights are
transferred to us. The insured must do
nothing after loss to impair them. At our
request, the insured will bring "suit" or
transfer those rights to us and help us
enforce them. This condition does not
apply to Medical Expenses coverage.
b. Waiver Of Rights Of Recovery (Waiver
Of Subrogation)
If the insured has waived any rights of
recovery against any person or
organization for all or part of any payment,
including Supplementary Payments, we
have made under this Coverage Part, we
also waive that right, provided the insured
waived their rights of recovery against
such person or organization in a contract.
agreement or permit that was oxecuted
prior to the injury or damage.
Form S6*00 08 04 06 Page 17 of 24
(6) When You Are Added. As An
Additional Insured To Other
Insurance
That is other insurance available to
you covering liability for damages
arising out of the premises or
operations, or products and completed
operations, for which you have been
added as an additional Insured by that
insufance;or
t7) When You Acid Others As An
Additional Insured To This
Insurance
rn
That is other insurance available to an
additional insured.
0
However, the following provisions
o
apply to other insurance available to
any person or organization who is an
N
additional insured under this Coverage
Part
(a) Primary insurance When
o
Required By Contract
Uri
This insurance is primary if you
°
have agreed. in a written contract,
written agreement or permit that
this insurance be primary. If other
Insurance Is also primary, we will
a�
share with all. that other insurance
by the method described in C.
m
below.
(b) Primary And Non - Contributory
a�
To Other Insurance When
Required 13Y Contract
If you have agreed In a written
contract, written agreement or
permit that this insurance is
primary. and non- contributory with
the additional insured's own
insurance, this insurance Is
®
primary and we will not seek
contribution front that other
insurance.
es..
Paragraphs (a) and (b) do riot apply to
other insurance to which the additional
s�
insured has been added as an
additional insured.
=
when this insurance is excess, we will
have no duty under this Coverage Part to
Its
defend'. the insured against any "suit" if any
other Insurer has a duty to defend the
insured against that "suit". If no other
insurer defends, we will undertake to do
so; but: we will be entitled to the insurers
rights against all those other insurers.
BUSINESS LIABILITY COVERAGE FORM
When this Insurance is excess over other
insurance, we will pay only our share of
the amount of the loss, if any, that
exceeds the sum of,
(1) The total amount that all such other
insurance would pay for the loss In the
absence of this insurance; and
(2) The total of all deductible and self -
insured amounts under all that other
insurance
We will share the remaining loss, if any, with
any other insurance that is not described in
this Excess insurance provision and was not
bought specifically to apply in excess of the
Limits of Insurance shown in the
Oec(arations of this Coverage Part.
c, Method Of Sharing
If all the other insurance permits
contribution by equal shares, we will follow
this method also Under this approach,
each insurer contributes equal amounts
until it has paid its applicable limit of
Insurance or none of the loss remains,
whichever comes first.
If any of the other insurance does not permit
comrlbutlon by equal shares, we will
contribute by limits Under this method, each
insurers share is based on the ratio of its
applicable limit of insurance to the total
applicable limits of insurance of all insurers.
Transfer Of Rights Of Recovery Against
Others To Us
a, Transfer Of Rights Of Recovery
if the insured has rights to recover all or
part of any payment, including
Supplementary Payments, we have made
under this Coverage Part, those rights are
transferred to us. The insured must do
nothing after loss to impair them. At our
request, the insured will bring "suit" or
transfer those rights to us and help us
enforce them. This condition does not
apply to Medical Expenses coverage.
b. Waiver Of Rights Of Recovery (Waiver
Of Subrogation)
If the insured has waived any rights of
recovery against any person or
organization for all or part of any payment,
including Supplementary Payments, we
have made under this Coverage Part, we
also waive that right, provided the insured
waived their rights of recovery against
such person or organization in a contract.
agreement or permit that was oxecuted
prior to the injury or damage.
Form S6*00 08 04 06 Page 17 of 24
Sent Byc ALLIED BROKERS; 949 4531244;
BUSINM LIA911LITY COVERAGE FORM
F. OPTIONAL ADDITIONAL INSURED
COVERAGES
If listed or shown as applicable in the Declarations,
one or more of the following Optional Additional
Insured Coverages also apply. When any of these
Optional Additional Insured Coverages apply,
Paragraph S. (Additional Insureds When Required
by Written Contract, Written Agreement or Permit)
of Section C., Who is An Insured, does not apply
to the person or organization shown in the
Declarations. These coverages are subject to the
terms and conditions applicable to Business
Liability Coverage in this policy, except as
provided below
1. Additional Insured - Designated Person Or
organization
WHO IS AN 'INSURED under Section C. Is
amended to Include as an additional insured .
the person(S) or organlzation(s) shown in the
Declarations, bW only with respect to liability
for "bodily injury", "property damage" or
"personal and advertising injury" caused, in
whole or in part, by your acts or omissions or
the acts or omissions of those acting on your
behalf:
a. In the performance of your ongoing
. operations; or
b. In connection with your premises owned
by or rented to you.
2. Additional Insured - Managers Or Lessors
Of Premises
a. MO IS AN INSURED under Section C, is
amended to include as an additional insured
the person(s) or organization(s) shown in the
Declarations as an Additional Insured -
Designated Person Or Organization; but only
with respect to liability arising out of the
ownership, maintenance or use of that pan of
the premises leased to you and shown in the
Declarations.
b. With respect to the insurance afforded to
these additional Insureds, the following
additional exclusions apply,
This insurance does:nol apply to
(1) Any "occurrence" which takes place
after you cease to be a tenant In that
premises; or
(2) Structural alterations, new
construction or demolition operations
performed by or on behalf of such
person or organization.
Jul -26 -07 9:29; Page 11/13
3. Additional Insured - Grantor Of Franchise
WHO IS AN INSURED under Section C. is
amended to include as an additional insured
the person(s) or organization(s) shown in the
Declarations as an Additional Insured -
Grantor Of Franchise, but only with respect to
their liability as grantor of franchise to you.
4. Additional Insured - Lessor Of Leased
Equipment
a. WHO IS AN INSURED under Section C. is
amended to include as an additional
insured the person(s) or organizalion(s)
shown in the Declarations as an Additional
Insured — Lessor of Leased Equipment,
but only with respect to liability for "bodily
injury", "property damage" or "personal
and advertising injury" caused, in whole or
in part, by your maintenance, operation or
use of equipment leased to you by such
person(s) or organizations)
b. With respect to the Insurance afforded to
these additional Insureds, this insurance
does not apply to any "occurrence" which
takes place after you cease to lease that
equipment.
S. Additional Insured - Owners Or Other
Interests From Whom Land Has Been
Leased
a. WHO IS AN INSURED under Section C. is
amended to include as an additional
insured the person(s) or organization(s)
shown in the Declarations as an Additional
Insured — Owners Or Other Interests From
Whom Land Has Been Leased, but only
with respect to liability arising out of the
ownership, maintenance or use of that part
of the land leased to you and shown in the
Declarations.
b. With respect to the insurance afforded to
these additional insureds, the following
additional exclusions apply
This insurance does not apply to
(1) Any "occurrence" that takes place
after you cease to tease that land; or
(z) structural alterations, new
construction or demolition operations
performed by or on behalf of such
person or organization.
6. Additional Insured - State Or Political
Subdivision — Permits
a. WHO 1S AN INSURED under Section C. is
amended to include as an additional
insured the state or political subdivision
shown in the Declarations as an Additional
Page 18 of 24 Form SS 00 08 04 05
Sent By:. ALLIED BROKERS; 949 4531244; Jul -26 -07 9:30; Page 13/13
BUSINESSIIAt ILITY COVERAGE FORM
This insurance does not apply to structural
alterations, new construction and demolition
operations performed by or for that person or
organization.
9, Additional Insured - Owners, Lessees Or
Contractors - scheduled Person Or
Organization
a. WHO IS AN .INSURED under Section C. is
amended to include as an additional
insured the persons) or organization(s)
shown in the Declarations as an Additional
Insured - Owner. Lessees Or Contractors.
but only with respect to liability for "bodily
injury", "property damage" or "personal
and advertising injury" caused, in whole or
In part, by your acts or omissions or the
acts or omissions of those acting on your
behalf:
(1) In the performance of your ongoing
operations for the additional
insured(s); or
(2) In connection with "your work"
performed for that additional insured
and included within the "products-
completed operations hazard ", but
only if this Coverage Part provides .
coverage for "bodily Injury" or
"property damage" included within the
"products- completed operations
hazard ".
b. Wiih respect to the insurance afforded to
these additional insureds, this insurance
does not apply to "bodily injury', "property
damage" or "personal an advertising
injury" arising out of the rendering of, or
the failure to render, any professional
architectural, engineering or surveying
services, including:
(1) The preparing, approving, or failure to
prepare or approve, maps, shop
drawings, opinions, reports, surveys,
held orders, change orders, designs or
drawings arid. specifications; or
(2) Supervisory, inspection, architectural
or engineering activities.
10. Additional Insured - Co -Owner Of Insured.
Premises
WHO. IS AN INSURED under Section C. is
amended to include as. an additional insured
the peraon(s) or Organization(s) shown in the
Declarations as an Additional Insured -. Cc,
Owner Of Insured Premises, but only with
respect to their liability, as co -owner of the
premises shown in the Declarations.
The limits of Insurance that apply to additional
insureds are described in Section 0, - Limits Of
Insurance.
How this insurance applies when other insurance
is available to an additional insured is described in
the Other Insurance Condition in Section E. -
Liability And Medical Expenses General
Conditions.
G, LIABILITY AND MEDICAL EXPENSES
DEFINITIONS
1. "Advertisement" means the widespread public
dissemination of information or images that
has the purpose of inducing the sale of goods,
products or services through:
a. (1) Radio:
(2) Television;
(3) Billboard;
(4) Magazine;
(5) Newspaper;
b. The Internet, but only that part of a web
site that is about goods, , products or
services for the purposes of inducing the
sale of goods, products or services; or
c. Any other publication that is given
widespread public distribution.
However, "advertisement" does not include.
a. The design, printed material, information
or images contained In, on or upon the
packaging or labeling of any goods or
products; or
b. An interactive conversation between or
among persons through a computer network.
2. "Advertising idea" means any idea for an
"advertisement"
3. "Asbestos hazard" means an exposure or
threat of exposure io the actual or alleged
properties of asbestos and includes the mere
presence of asbestos in any form,
4. "Auto" means a land motor vehicle, trailer or
semitrailer designed for travel on public
roads, including any attacheu machinery or
equipment. But "auto" does not include
"mobile equipment ".
5. "Bodily injury" means physical:
a. Injury;
b. Sickness, or
c. Disease
sustained by a person and, if arising out of the
above, mental anguish or death at any time
6. "Coverage territory" means;
Page 20 of 24 Form 53 00 08 04 05
Sent By: ALLIED BROKERS;
949 4531244; Jul -26 -07 9:26; Page 2
ACOQ ERT:
GIFICAT OF LIABUTY INSURANCE
TO sn07 Y'
TM
0
PRODUCER Pha,• kV4QY45,WtI 6 FU; .0.tDYBbY7il+l:
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ALLIED BROKERSI'YEARGIN INSURANCE AGENCY
ONLY AND CONFERS NO. RIGHTS UPON THE CERTIFICATE
15378 SARRANCA PARKWAY, #C -102
HOLDER. THIS CERTIFICATE, DOES NOT AMEND, EXTEND OR
IRVINE CA 92618
ALTER C O FORDED BY THE POLICIES BELOW.
Attention: TONIA 2E:ROA SENIOR ACCT ASST
Allled Bro rBit'earUt Burflnce Agency
DAMAGE TO RENTED
PREwses
.INSURERS AFFORDING COVERAGE
NAIC a
Aa Lid: mrsBB1 cA'
.
. euu �l
INSURED
INSURER A_ Hartford Casualty Insurance Company Y
29424
INSURERS: National Llablllty S Fire Insurance Co.
20052
CulWrtso¢AdalTta'A At6061ai0II,'InC,
85 Argonaut, Suite 220
42374
INSURER C: Houston Casualty Insurance Company
- - - --
Allso Vleto CA W26584105
INSURER D: ......... .... _ __
INSURER E:
THE POLICIES OF INGURMtt LIN LOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR 'E POLICY 'PERIOD INDICATED, NOTW'IrHSTANOWG
ANY REQUIREMENT, TERM' OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WAH 'RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFOROEb BY THE POLICIES DESCRIBED HEREIN 18 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LAIRS SHovou MAY HAVE BEEN REDUCED BY PAID CLAIMS.
...........
INOn I.DOi TYPE OF INSURANCEPOLICYHUNBER. PgicY %�recm'a wupY eXnaAnoN —__ __._
LTR INMd LIMITS
T
: OENEIUL DABIUTY 12S6AN11'203
06101107
: 09101109
EACH D URNENCE
$ 2.00
COMMERCIAL. GEN£RAI'. LIPBILITY
Attention: TONIA 2E:ROA SENIOR ACCT ASST
Allled Bro rBit'earUt Burflnce Agency
DAMAGE TO RENTED
PREwses
I_ r _....
i 300,000
CLAIMS MADE X OCCUR
. euu �l
MED EFP (Any one p .rH
S 10' 000
A
PERSDNALBADV INJURY
E 2,000,000
GENERAL AGGREGATE
a 4,000,000
GEWL AGGREGATE'GMIT APPLIES PERK
. -_-�
PRODUCTS- COMP /OP AGG.
5 4,000,000
Pao.' Lac
POLICY ':..
_.__... _
...
AUTOMOBILELIAMUTY
72S8AN11293
0=1107
06101109
ANY AUTO
COMBINED SINGLE LIMIT
(E•.ccq•M)
i 2,000,000
ALL OYAIED'AUTOS j
BODILY INJURY
SCHEUULEO AUTOS
(Pal person)
i
A._-
.......
X
H1RED'AU.T.OS
BODILY INJUR Y
X
NON ONSVED AUTOS '•Y
:
(P•r rzvA.mJ
i
PROPERTY DAMAGE
i
'is
I
P•f •ceitNM
OARAOE LILBICI7`(
'"�.`
i
ANY AUTO
'�--
AUTO ONLY- EAACCIDENT
-
OTHER THAN EAACCa
'.! };+ „�--•
AUTO ONLY: qGG
i
EXCESS I UMBRELILA LIABILITY
`'J! L,'j
"eV,y
EACH OCCURRENCE
i
J OCCUR CLAIMS MADE
AllpPr
AGGREGATE
....._..__ --
a
lJ
IDy
S
DEDUCTIBLE
i
RETENTION: i
i7
' --
CaupeneaTlaiIAND
01000 t9364081
08734109
08!31107
XOYC
LIABILITY
E.L EACH ACCIDENT
7IRS
EVUUDLbT
E.L DIBEASE-EAEMPLOYEE
J 1,000,000
-,Ab—
EL DISEASE - POLICY LIMIT
-
S 1,000,000
I•PBCIALPBeeRIO&* b
OTHER-PROPE5910NACLTASIUTY- H7G816298 70!09108 10108108 $2,600,000 PER OCCURRENCE
C CLAIMS MADE FORM, $2,00,000 GENERAL AGGREGATE
,$1.0.000 DEDUCTIBLE EACH CLAIM
DESCRIPTION OF OPERATIONS) LOCATIONSNENICLE91EXOtiUB10NS 'JMODED BY ENDORSEMENT! SPECIAL PROVISIONS
'EXCEPT 10 DAYS'FOR NON PAYhMSNT'OF PREMIUM. CERTIFICATE HOLDER IS ADDITIONAL INSURED PER ATTACHED FORM, PRIMARY
WORDING APPLIES
CER I iFiCA 1 E. HOLYGK' :: 14AHlaLIA IION
”
`SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
CITY OF SANTA ANA, PLANNING.AND'BUILDING AGENCY'
"'DAYS
'EXPIRATION DATE THEREOF, TIIC,lSSUING INSURER VdLLENDEAVOR TO MAILW-
WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT
FAILURE TO DO BO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE
20 CIVIC CENTER`PLMi,A
"INSURER, WE AGENTS OR REPRE A S.
PO BOX 1905 I1M:2a' :.qV
P ATN
SANTA ANA CA 92702
Attention: TONIA 2E:ROA SENIOR ACCT ASST
Allled Bro rBit'earUt Burflnce Agency
zo (4UDSlu6)" uorwicate a W55 1 aD ACORD CORPORATION 1999
Sent By; ALLIED BROKERS;
949 4531244; Jul -26 -07 9:26; Page 3
BUSINESS LIABILITY'cbVERAGE FORM
2. Applicable To Medical Expenses Coverage
e. A trust, you are an insured. Your trustees
We will not pay expenses for "bodily injury":
are also insureds, but only with respect to
their duties as trustees.
a. Any Insured
To any insured, except "volunteer workers ".
2. Each of the following Is also an insured:
b. Hired Person
a. Employees And Volunteer Workers
To a person hired to do work for or on behalf
Your "volunteer workers" only while
of any insured or a tenant of any insured
performing duties related to the conduct of
U. In jury On Normally Occupied Premises
y our business, or your "employees ", other
"executive
than either your officers" (it you
To a person injured on Ghat part of
are an organization other than a
premises you own of rent that the person
partnership, joint venture or limited liability
normally occupies,
company) or your managers (if you are a
d. Workers' Compensation And Similar
limited liability company), but only for acts
Laws
within the scope of their employment by
To a person, whether or not an
you or while performing duties related to
"employee" of any insured, if benefits for
the conduct of your business
the "bodily injury" are payable or must be
However, none of these "employees" or
provided under a workers' compensation
"volunteer workers' are insureds for
or disability benefits law or a similar law.
(1) "Bodily injury" or "personal and
e. Athletics Activities
advertising injury":
To a: person injured while practicing,
(a) To you, to yuur partners or
Instructing or participating In any physical
members (if you are,a partnership
exercises or games, sports or athletic
or joint venture), to your members
contests.
(if you are a limited liability
f. Products - Completed Operations. Hazard
company), or to a co- "employee"
while in the course of his or her
Included with the "products - completed
employment or performing duties
operations hazard ",
related to the conduct of your
g, Business Liability Exclusions
business, or to your other
Excluded under Business Liability Coverage.
"volunteer workers" while
C. WHO 15 AN IfVSIlRED
performing duties related to the
conduct of your business;
1. If you are designated in the Declarations as:
(b) To the spouse, child, parent,
a. An indivtduM, you and your spouse are
brother or sister of that co-
insureds, but only with respect to the
"employee" or that "volunteer
Conduct of a business of which you are the
worker" as a consequence of
sole owner,
Paragraph (1)(a) above;
b. A partnership or joint venture, you are an
(c) For which there is any obligation
insured. Your members, your partners, and
to share damages with or repay
their spouses are also insureds, but only with
someone else who must pay
respect to the conduct of your business,
damages because of the injury
c. A limited liability company, you are, an
described in Paragraphs (1)(a) or
insured. Your members are also Insureds,
(b) above; or
but only with respect to the conduct of your
(d) Arising out of his or her providing
business. Your managers are insureds,. but
or failing to provide professional
only with respect to their duties as your
health care services
managers.
If you are not in the business of
d. An organization other than a partnership,
providing professional health care
pint venture or limited - IfeOlOiy company, you
services, Paragraph (d) aoes riot apply
are an insured. Your "executive officers" and
to any nurse, emergency medical
directors are Insureds, but only with respect .
technician or paramedic employed by
to their. duties as your officers or directors,
you to provide such services.
Your stockholders are also insureds, but only
(2) "Property damage" to property:
with respect to their liability as stockholders.
(a) Owned, occupied ur used by,
Page 10 of 24 Form SS 00 08 04 05
Sent Byi ALLIED BROKERS; 949 4531244; Jui -26 -u/ U:2r; rage 4
BUSINESS LIABILITY COVERAGE FORM
(b) Rented to, in the care, custody or
b, Coverage under this provision does not
control of, or over which .physical
apply to:
control is being exercised for any
(1) "Bodily injury" or "property damage"
purpose by you, any of your
that occurred; or
"employees", "volunteer workers ",
(2) "Personal and advertising injury"
any partner or member (if you are
arising out of an offense committed
a partnership or joint venture), or
any member (if you are a limited
before you acquired or formed the
liability company).
organization.
b. Real Estate.Manager
4. Operator Of Mobile Equipment
Any parson (other than your "employee'' or
VMth respect to "mobile equipment" registered in
"volunteer worker"), or any organization
your name under any motor vehicle registration
while acting as your real estate manager,
law, any person is an insured while driving such
C, Temporary Custodians Of Your
equipment along a public highway with your
Property
permission. Any other person or organization
o Any person or organization having proper
responsible for the conduct of such person is
also an insured, but only with respect to liability
o temporary custody of your property If you
arising out of the operation of the equipment, and
die, but only:
only if no other insurance of any kind is available
rev (1)- Wth respect to liability arising out ofthe
to that person or organization for this liability.
a maintenance or use of that property; and
However, no person or organization is an insured
(2) Until your legal representative has
with respect to:
o been appointed.
a. "Bodily Injury" to a co- "employee" of the
o d, Legal Representative If You Die
person driving the equipment; or
Your legal representative if you die, but
U. "Properly damage" to property owned by,
only with respect to duties as such. That
rented to, in the charge of or occupied by
representative will have all your rights and
you or the employer of any person who is
duties under this insurance,
an insured under this provision,
e, Unnamed Subsidiary,
b. Operator of Nonowned Watercraft
s
Any 'subsidiary and subsidiary, thereof, of
With respect to watercraft you do not own that
n yours which is a legally Incorporated entity
is less than 51 feet long and is not being used
of which you own a 'financial interest of
to carry persons for a charge, any person is an
more than 50% of the voting stock on the
insured while operating such watercraft with
e3fedIve data of this Coverage Part,
your permisslon. Any other person or
The insurance afforded herein for any
organization responsible for the conduct of
subsidiary not shown In the Declarations
such person Is also an insured, but only with
a as a named. insured does not apply to
respect to liability arising out of the operation
injury or damage with respect to which an
of the watercraft, and only If no other
- insured under this Insurance is also an
insurance any kind is available to that
insured under another policy or would be
person or organization for this liability.
° an insured under such policy but for its
However, no person or organization is an
gtermination or upon the exhaustion of its
insured with respect to
limits of insurance.
a. "Bodily injury" to a co- "employee" of the
e 3. Newly Acquired Or Formed Organization
person operating the watercraft; or
m Any organization you newly acquire or form,
b. "Property damage" to property owned by,
=_ other than a partnership, joint venture or
rented to, In the charge of or occupied by
it limited liability company, and over which you
you or the employer of any person who is
maintain financial interest of more than 50"Fa of
an insured under this provision,
the voting stock, will quality as a Namad
6, Additional Insureds When Required By
Insured if there is no other similar insurance
Written Contract, Written Agreement Or
— available to that organization. However,
Permit
a. Coverage under this provlsion is afforded
The person(s) or organization(s) identified in
only unlit the 180th day after you acquire
Paragraphs a. through f. below are additional
or form the organization or the end of (he
insureds when you have agreed, in a written
policy period, whichever is earlier; and
,
Form SS 00 011.04 05 Page 11 of 24
Sent By.: ALLIED BROKERS; 949 4531244; Jul -26 -07 9:27; Page 5
BUSINESS LIABILITY COVERAGE FORM
contract, written agreement or because of a
(e) Any failure to make such
permit issued by a state or political
inspections, adjustments, tests or
subdivision, that such person or organization
servicing as the vendor has
be added as an additional Insured on your
agreed to make or normally
policy, provided the Injury or damage occurs
undertakes to make in the usual
subsequent to the execution of the contract or
course of business, in connection
agreement, or the issuance of the permit.
with the distribution or sale of the
A person or organization is an additional
products;
(f) Demonstration, installation,
insured under this provision only for that
servicing or repair operations,
period of time required by the contract,
except such operations performed
agreement or permit.
at the vendor's premises in
However, no such person or organization is an
connection with the sale of the
additional insured under this provision if such
product;
person dr organization is included as an
additional: Insured by an endorsement issued
(g) Products which, after distribution
by us and made a part of this Coverage Part.
or sale by you, have been labeled
including ail persons or organizations added
or relabeled or used as a
as additional insureds under the specific
container, part or ingredient of any
additional Insured coverage grants in Section
other thing or substance by or for
F. — Optional Additional Insured Coverages.
the vendor; or
a, Vendors
(h) "Bodily injury" or "property
Any person(s) or organization(s) (referred to
damage" arising out of the sole
negligence of the vendor for its
below as vendor), but only with respect to
own acts or omissions or those
"bodily injury" or "property damage" arising
its employees oyees or anyone else
e
out of "your products" which are distributed
acting on its behalf. However, this
or sold in the regular course of the vendor's
exclusion flees not apply to '.
business and only if this Coverage Part
provides coverage for "bodily injury" or
(i) The exceptions contained in
"property damage" included within the
Subparagraphs (d) or (f); or
"products- cornpteted operations hazard ",
(ii) Such inspections, adjustments,
(1) The insurance afforded to the vendor
tests or servicing as the vendor
is subject to the following additional
has agreed to make or normally
exclusions:
undertakes to make in the usual
course of business, in
This insurance does not apply to:
connection with the distribution
(a) "Bodily Injury" or "property
or sale of the products.
damage" for which the vendor is
(2) This insurance does not apply to any
obligated to pay damages by
insured person or organization from
reason of the assumption of
whom you have acquired such products,
liability in a contract or agreement.
or an in
Y redient, g part or container,
This exclusion does not apply to
ex
entering into, accompanying or
liability for damages that the
containing such products.
vendor would have in the absence
of the contract or agreement,
b. Lessors Of Equipment
(b) Any express warranty
(1) Any person or organization from
unauthorized by you;
whom you lease equipment; but only
with respect to their liability for "bodily
{c) Any physical or chemical change
injury", "property damage" or
In the product made Intentionally
"personal and advertising injury"
by the vendor;
caused, in whole or in part, by your
(d) Repackaging, except when
maintenance, operation or use of
unpacked sol6ly for the purpose of
equipment leased to you by such
inspection, demonstration, testing,
person or organization .
or the Substitution of pans under
Instructions from the manufacturer,
and then ,repackaged In the
original container;
Page 12 of 24 Form SS 00 08 04 05
Sent By. ALLIED BROKERS;
949 4531244; Jul -26 -07 9:30; Page 12/13
BUSINESS LIABILITY COVERAGE FORM
Form SS 00 6S 64 05 page 19 of 24
Political Subdivision •
Insured — State on
(e) Any failure to make such
inspections, adjustments, tests or
Permits, but only with respect to
servicing as the vendor has agreed
_
operations performed by you or your
to make or normal) undertakes to
p
behalf for which the state . political
Which
subdivision has issued a permit.
make in the usual course of
b. Wit, respect to the Insurance afforded to
business, in connection with the
distribution or sale of the products,
these additional Insureds, the following
(f) Demonstration, installation,
additional exclusions apply
servicing or repair operations,
This insurance does not apply to;
except such operations performed
(1) "Bodily injury'`, "property damage" Or
at the vendors premises in
"personal- and advertising injury'
connection with the sale of the
W
arising out of operations performed for
product;
m
the state or municipality; or
(g) Products which, after distribution
(2y "Sod;Vy injury" or "property damage"
or sale by you, have been labeled
included in the "product - completed
or relabeled or used as a
0
operations" hazard,
container, pan or ingredient of any
0
7. Additional Insured — Vendors
other thing or substance by or for
r
a. MO Is AN INSURED under Section C. is
the vendor; or
amended to include as an additional
(h) "13odity injury" or "property
in the' persons} or orgonization(s)
damage" arising out of the sole
N
(referred to below as vendor) shown In the
negligence of the vendor for its
o
Declarations as an Additional Insured -
own acts or omissions -or those of
Vendor, but only with respect to "bodily
its employees or anyone else
injury" or "property damage" arising out of
acting on its behalf. However, this
"your products" which are distributed or
exclusion does not apply to:
sold in the regular course of the vendor's
(I) The exceptions contained in
®
business and only if this Coverage PaR
Subparagraphs (d) or (1); or
provides coverage for "bodily injury" or
(it) Such inspections,
"property damage" included Within the
"products- completed operations hazard".
adjustments, tests or servicing
as the vendor or has agreed to
v
b. The insurance afforded to the vendor is
make or normally undertakes
subject to the following additional exclusions,
to make in the usual course of
g
(1) This. insurance does not apply to:
business, in connection with
a
(a) "Bodily injury" or "property
the distribution or sale of the
damage" for which the vendor Is
products
obligated to pay damages by
(2) This insurance does not apply to any
ZZ
reason of , the assumption of
Insured person or organization from
liability in a contract or agreement,
whom you have acquired such
This exclusion. does not apply to.
products, or any ingredient, part or
�+
liability for damages that the
container, entering into,
e
vendor would have In the 'absence
accompanying or containing such
M
of the contract or agreement;,
products.
(b) Any express warranty
8. Additional Insured — Controlling Interest
unauthorized by you;
VVNO IS AN INSURED under Soction C, is
(c) Any physical or chemical change
amended to Include as an additional insured
in the product made intentionally
the person(s) or organization(s) shown in the
by the vendor;
Declarations as an Additional Insured —
(d) Repackaging, unless unpacked
Controlling Interest, but only with respect to
their liability arising out of:
solely for the purpose of inspection,
demonstration, testing, or the
a. Their financial control of you, or
substitution of pans under
b, Premises they own, maintain or control
instructions from the manufacturer,
while you lease or occupy these premises,
and then repackaged in the original
container;
Form SS 00 6S 64 05 page 19 of 24
Sent 9y: AL1-11::U 6HUKhHS;
J4S 4nJIL44j JUl -2B -U/ 9:27, Page 6
BUSINESS LIABILITY COVERAGE FORM
(2) Wth respect to the Insurance afforded
e, Permits Issued By State Or Political
to these additional insureds, this
Subdivisions
insurance, does not apply to any
(1) Any state or political subdivision, but
"occurrence" which takes place after
only with respect to operations
you cease to lease that equipment.
performed by you or on your behalf for
c, Lessors of Land Or Premises
which the state or political subdivision
(1) Any person or organization from
has issued a permit,
whom you tease send or premises,. but
(2) With respect to the insurance afforded
only with respect to liability arising out
to these additional insureds, this
of the ownership, 'maintenance or use
insurance does not apply to:
of that part of the land or premises
(a) "Bodily injury', "property damage"
leased to you.
or "personal and advertising
W
(2) With respect to the Insurance afforded
injury" arising out of operations
to these additional Insureds; this
performed for the state or
Insurance does not apply to:
municipality; or
o
(a) Any "occurrence" which takes
(b) "Bodily injury" or "property damage"
o
place after you cease to lease that
included within the "products-
land or be a tenant in that
completed operations hazard"
N
premises; or
f. Any Other Party
(b) Structural :alterations, new
(1) Any other person or organization who
construction or demolition
is not an insured under Paragraphs a,
0
operations performed by or on
through e, above, but, only' with
behalf of such person or
respect to liability for "bodily injury",
°
organization.
"property damage" or "personal and
d, Architects, Engineers Or Surveyors
advertising injury" caused, in whole or
(1)', Any architect, engineer, or surveyor, but
in part, by your acts or omissions or
®
only with respect to liability for " bodlfy
the acts or omissions of those acting
injury", "property damage" or "personal
on your behalf:
and adwertlsirtg injury" caused, in whole
(a) In the performance of your
or in part, by your acts or omissions or
ongoing operations;
the acts or omissions of those acting on
(b) In connection with your premises
your behalf:
owned by or rented to you; or
M
(a) In connection with your premises;
(c) In connection with "your work" and
�
or
included within the "products-
lb) In the perfgrmance Of your
completed operations hazard ", but
ongoing operations performed by
only if
you or your behalf.'
(i) The written contract or written
(2)- With respect to the.insurance afforded
agreement requires you to
to these additional Insureds, the
provide such coverage to
following additional exclusion applies:
such additional insured; and
..
This insurance does not apply to
(ii) This Coverage Part provides
Mi
"bodily injury ", "pr'o.perty damage" or
coverage for "bodily injury" or
"personalp and advertising injury"
"property damage" included
arising out of the rendering of or the
within the "products-
'
failure to render any professional
completed operations hazard"
�
services b for , including:
y or you,
(2) With respect to the insurance afforded
(a) The preparing, 'approving, or
to these additional insureds, this
*
failure to prepare or approve.
Insurance does not apply to.
maps; shop drawings, opinions,
"Bodily injury", "property damage" or
reports, surveys, field orders,
"personal and advertising injury"
change orders, designs or
arising out of the rendering of, or the
drawings and specifications; or
failure to render, any professional
1b) :Supervisory, 'inspection,
architectural, engineering or surveying
arahitebtural or engineering
services, including:
.octtviFies.
'
Form SS 00 09 0d. 05
Page 13 of 24
Sent By: ALLIED BROKERS;
949 4531244; Jul -26 -07 9:28; Page 7/13
BUSINESS LIABILITY COVERAGE FORM
Ia) The preparing, approving, or
failure to prepare or approve,
maps, shop drawings, opinions,
reports, surveys, field, orders,
change orders, designs or
drawings and specifications; of
(b) Supervisory, inspection,
architectural or engineering
activities.
The limits of insurance that apply to additional
insureds are described in Section D, — Limits
Of Insurance.
How this insurance :applies when other
insurance Is available to an additional Insured
is described in the Other Insurance Condition
in Section E. - Liability And Medical Expenses
General Conditions,
No person or organization is an Insured with
respect to the conduct of any current or past
partnership, Joint venture or limited liability
company that is not shown as a Named Insured in
the Declarations.
D. LIABILITY AND NtMCAL EXPENSES
LIMITS :& INSURANCE
1. The Most We Will Pay
The Limits of Insurance shown in the
Declarations and the rules below fix the most
we will pay regardless ofthe number of:
a. Insureds,
b, Claims made or "suits" brought; or
c. persons or.organlzations fnaking claims or
bringing "suits ".
2. Aggregate Limits
The most we will pay for::
a. Damages because of "bodily injury" and
"property damage" Included in the
"products- compleled:operstions hazard" is
the Products - Completed Operations
Aggregate Limit shown in the
Declarations.
b. Darnages because of all other "bodily
injury ", 'property damage" or 'personal
and advertising injury ", including medical
expenses, is the General Aggregate Limit
shown in the Declarations.
This General Aggregate Limit applies
separately to each of your 'locations"
owned by or rented to you.
"Location" means premises Involving the
same or connecting lots, or premises
whose connection is interrupted only by a
street, roadway or right -of -way of a
railroad.
This General Aggregate limit does not
apply to 'property damage" to premises
while rented to you or temporarily
occupied by you with permission of the
owner, arising out of fire, lightning or
explosion.
3. Each Occurrence Limit
Subject to 2.a. or 2.b above, whichever
applies, the most we will pay for the sum of all
damages because of all "bodily injury",
"property damage" and medical expenses
arising out of any one "occurrence" is the
Liability and Medical Expenses Limit shown in
the Declarations.
The most we will pay for all medical expenses
because of "bodily injury" sustained by any
one person is the Medical Expenses Limit
shown in the Declarations
4. Personal And Advertising Injury Limit
Subject to 2.b, above, the most we will pay for
the sum of all damages because of all
"personal and advertising injury" sustained by
any one person or organization iS the Personal
and Advertising Injury Limit shown in the
Declarations.
5. Damage To Premises (tented To You Limit
The Damage To Premises Rented To You
Limit is the most we will pay under Business
Liability Coverage for damages because of
"Properly damage" to any one premises, while
rented to you, or in the case of damage by fire,
lightning or explosion, while rented to you or
temporarily occupied by you with permission of
the owner.
In the case of damage by fire, lightning or
explosion, the Damage to Premises Rented To
You Limit applies to all damage proximately
caused by the same event, whether such
damage results from fire, lightning or explosion
or any combination of these,
6, How Limits Apply To Additional Insureds
The most we will pay on behalf of a person or
organization who is an additional insured
under this Coverage Part is the lesser of
a. The limits of insurance specified in a
written contract, written agreement or
permit issued by a state or political
subdivision; or
b. The Limits of insurance Shown in the
Declarations.
Such amount shall be a part of and not in
addition to the Limits of Insurance shown in
the Declarations and described in this Section.
Page 14 of 24 Form SS 00 08 04 05
Sent Bye ALLIED BROKERS;
949 4531244; Jul -26 -07 9:28; Page 8/13
BUSINESS LIABILITY COVERAGE FORM
Form SS 00 08 04 05 Page 15 of 24
if more than one limit of insurance under this
(1) immediately send us copies of any
policy and any endorsements attached thereto
demands, notices, summonses or
applies to any claim or "suit ", the most we will pay
legal papers received in connection
under this policy and the endorsements is the
with the claim or "suit"
single highest limit of Iiability of all coverages
(2) Authorize us to obtain records and
applicable to such claim or "suit ". However, this
other information;
paragraph does not apply to the Medical Expenses
(3) Cooperate with us in the investigation,
limit set forth in Paragraph 8, above.
settlement of the claim or defense
The Limits of insurance of this Coverage Part apply
against the "suit "; and
separately to each consecutive annual period and to
(4) Assist us, upon our request, in the
any remaining perioc of less than 12 months, starting
enforcement of any right against any
with the beginning of the policy period shown in the
person or organization that may be
Declarations, unless the policy period is extended
liable to the insured because of injury
after issuance for an additional period of less.lhan 12
or damage to which this insurance
months. In that case, the additional period will be
may also apply.
deemed part of the last preceding period for proposes
d, Obligations At The Insured's Own Cost
0
of determining the Limits of Insurance.
°
E. LIABILITY Y AND MEDICAL EXPENSES
No Insures. will, except at that insured's own
cost, voluntarily make a payment, assume
GENERAL CONDITION'S
any obligation, or incur any expense, other
1. Bankruptcy
than for first aid, without our consent.
r
Bankruptcy or insolvency of the insured or of
e. Additional Insured's Other Insurance
o
the insured's estate will not relieve us of our
If we cover a claim or "suit ", under this
obligations under this Coverage Part.
Coverage Part that may also be covered
2. Duties In The Event: Of Occurrence,
by other Insurance available to an
Offerisei Claim Or Suit
additional insured, such additional insured
a. Notice Of Occurrence Or Offense
must submit such claim or "suit" to the
other insurer for defense and indemnity,
You or any additional insured must see to
®
it that we are notified as soon as
However, this provision does not apply to
practicable of an "occurrence" or an
the extent that you have agreed in a
offense which may result In a claim. To
written contract, written agreement or
the extent possible, notice should include:
permit that this insurance is primary and
non- contributory with the additional
r�
(1) How, when and where the "occurrence"
insured's own insurance,
Wft
or offense took place;
Jr. Knowledge Of An Occurrence, Offense,
(2) The names and addresses of any
Claim Or Suit
injured persons and witnesses; and
�r
Paragraphs a. and b. apply to you or 10
(3) The nature and location of any injury
any additional insured only when such
or damage arising out of the
"occurrence ", offense, claim or "suit" is
'occurrence" or offense,
known to
b. Notice Of Claim
(1) You or any additional insured that is
If a claim is made or "suit- is brought
an individual;
�
against any Insured, you or any additional
(2) Any partner, it you or an additional
ffi+
insured must:
insured is a partnership;
®
(1) Immediately rotord the specifics of the
(3) Any manager, it you or an additional
ciaim or "suit" and the date received;
insured is a limited liability company;
and
(4) Any "executive officer' or insurance
(2). Notify us as.soon as practicable,
manager, if you or an additional
ilk
You or any additional Insured must see to
oration;
insured Is a corporation:
�
R that we receive a written notice of the
6 y trustee, if you or an additional
( ) An
claim or "suit' as soon a$ practicable,
insured is a trust; or
c. Assistance. And Cooperation Of The
(6) Any elected or appointed official, if you
Insured
or an additional insured is a political
You and any other involved insured must:
subdivision or public entity
Form SS 00 08 04 05 Page 15 of 24
Sent By: ALLIED BROKERS;
949 4531244; Jul -26 -07 9:29; Page 9/13
BUSINESS L1AWLITY COVERAGE FORM
This Paragraph f. 'iappll8S separately to
(3) We have issued this policy in reliance
you and any additional Insured.
upon your representations.
3. Financial Responsibility Laws
b. Unintentional Failure To Disclose
a. Mon this: policy is certified as proof of
Hazards
financial responsibility for the future under
If unintentionally you should fail to disclose
the provisions of any. motor . vehicle
all hazards relating to the conduct of your
financial responsibility law, the Insurance
business at the inception dale of this
provided by the policy for "bodily Injury"
Coverage Part, we shall not deny any
liability and "property damage" liability will
coverage under this Coverage Part
comply with the provisions of the law to
because of such failure
the extent of the coverage and limits of
7, Other Insurance
Insurance required by that law.
b. Wth respect to "mobile equipment" to
other valid and colleelco insurance is
which this insurance applies, we will
a
available for loss we cover under this
provide any liability, uninsured motorists,
Coverage Par our obligations are limited as
,
follows:
underinsured motorists, no-fault or other
coverage required by any motor vehicle
a. Primary Insurance
law, We will provide the required fimits for
This insurance is primary except when b.
those coverages,
below applies. if other insurance is also
4. Legal Action Against Us
primary, we will share with ail that other
No person or organization has a right under
insurance by the method described in c.
this Coverage Form:
below.
a. To join us as a party or otherwise bring us
b, Excess Insurance
into a "suit" asking for damages from an
This insurance is excess over any of the
insured; or
other insurance, whether primary, excess,
b. To sue us on this Coverage Form unless
contingent or on any other basis;
all of its terms have been fully compiled
(1) Your Work
with.
That is Fire, Extended Coverage,
A person or organization rhay sue us to recover
Builder's Risk, Installation Risk or
on an agreed settlement or on a final judoment
similar coverage for "your work ";
againal an insured; but we will not be liable for
(2) Premises Rented To You
damages that are not under the terms of
this insurance or that are In excess of the
, That is fire lightning or expl l
explosion
applicable limit of insurance. An agreed
insurance re, premises rented you
settlement means a settlement and release of
or temporarily occupied by you with
liability signed by us, the insured and the
permission of the owner;
claimant or the clarmant 's legal representative,
(3) Tenant Liability
S. Separation Of lnsureds'
That is insurance purchased by you to
Except with respect to the Limits of Insurance,
cover your liability as a tenant for
and any rights or duties specifically assigned
"property damage" to premises rented
in this policy to the first Named Insured, this
to you or temporarily occupied by you
insurance applies;
witn permission of the owner;
a. As if each Named .Insured were the only
(4) Aircraft, Auto Or Watercraft
Named Insured; and
If the loss arises out of the maintenance
b, Separately to each Insured against whom
or use or aircraft, "au(os" or watercrall lu
a claim is made or ^sun" is brought,
the extent not subject to Exclusion g. of
Section A. — Coverages.
6, Representations
(6) Property Damage To Borrowed
a. When You Accept This Policy
Equipment Or use Of Elevators
Sy accepting this policy, you agree;
If the loss arises cut of "property
{7) The statements in the Declarations
damage" to borrowed equipment or
are accurate and complete:
the use of elevators to the extent not
J2) Those ;statements are based upon
subject to Exclusion k. of Section A. —
representations.you made to us; and
Coverages.
Page 16 of 24 Form SS 00 08 04 05
Sent By:
ALLIED BROKERS; 949 4531244;
Jul -26 -07 9:29; Page 10/13
BUSINESS LIABILITY COVERAGE FORM
(8) When You Are Added. As An
When this Insurance is excess over other
Additional Insured To Other
insurance, we will pay only our share of
Insurance
the amount of the loss, if any, that
That is. other Insurance available to
exceeds the sum of:
you covering liability for damages
(1) The total amount that all such other
arising out of the premises or
insurance would pay for the loss In the
operations, or products and completed
absence of this insurance; and
operations, for which you have been
(2) The total of all deductible and self -
added as an additional Insured by that
insured amounts under all that other
insurance; or
insurance
(7) When You Add Others As An
We will share the remaining loss, if any, with
Additional insured To This
any other insurance that is not described in
Insurance
this Excess Insurance provision and was not
m
That is other insurance available to an
bought speclficaliy to apply in excess of the
additional insured.
Limits of Insurance shown in the
However, the following provisions
Declarations of this Coverage Pan.
o
o
apply to other insurance available to
-
c. Method Of Sharing
any person or organization who is an
If all the other insurance permits
N
additional insured under this Coverage
contribution by equal shares, we will follow
Part:
this method also. Under this approach,
(a) Primary Insurance When
each Insurer contributes equal amounts
o
Required By Cotttract
until it has paid its applicable limit of
This Insurance is primary if you
Insurance or none of the loss remains,
+
have agreed in a written contract,
whichever comes first.
written agreement or permit that
If any of the other insurance does not permit
this Insu rance be primary. If other
contribution by equal shares, we will
insurance Is also primary, we will
contribute by limits. Under this method, each
share with all. that other insurance
insurer's share is based on the ratio of its
by the method described in c.
applicable limit of insurance to the total
=
below-
applicable limits of insurance of all insurers.
(b) Primary And, Non-Contributory
8, Transfer Of Rights Of Recovery Against
To Other Insurance When
Others To Us
Required By Contract
a. Transfer Of Rights Of Recovery
tf you have agreed In a written
If the insured has rights to recover all or
9552
contract, written agreement or
part of any payment, including
1=
permit that . this insurance is
Supplementary Payments, we have made
primary.. and non-contributory with
under this Coverage Part, those rights are
the additional Insured's own
transferred to us. The insured must do
szza
lnsutan.ce, this insurance is
nothing after loss to impair them. At our
primary and we will not seek
request, the insured will bring "suit" or
contribution from that other
transfer those rights to us and help us
IlEm
insurance.
enforce them. This condition does not
Paragraphs (a) and (tx) do riot apply to
apply to Medical Expenses coverage.
other Insurance to which the additional
b. waiver Of Rights Of Recovery (Waiver
Sam
insured has been added as an
Of Subrogation)
additlonal insured.
If the insured has waived any rights of
When this insurance is excess, we will
recovery against any person or
have no fluty under this (;i6VeragB Part to
organization for all or part of any payment,
defend: the Inaureal against any "euW' If any
including Supplementary Payments, we
other Insurer has a duty to .defend the
have made under this Coverage Part, we
insured against that "suit ". if no other
also waive that right, provided the insured
insurer. defends, we will undertake to do
waived their rights of recovery against
so; but we will be entitled to the insured's
such person or organization in a contract,
rights against all those other insurers.
agreement or permit that was executed
prior to the injury or damage.
Form SS'00 08 04 06 Page 17 of 24
Sent By: ALLIED BROKERS;
949 4531244; Jul -26 -07 9:29; Page 11/13
BUSINESS LIABILITY COVERAGE FORM
F. OPTIONAL AbblTfONAL INSURED
COVERAGES
If listed or shown as applicable in the Declarations,
one or more of the following Optional Additional
Insured Coverages also apply. When any of these
Optional - Additional Insured Covoragee apply,
Paragraph 6. (Additional Insureds When Required
by Written Contract, Written Agreement. or Permit)
of Section C., Who Is An Insured, does not apply
to the person or organization shown in the
Declarations. These coverages are subject to the
terms and conditions applicable to Business
Liability Coverage in this policy, except as
provided below
t. Additional Insured - Designated Person Or
Organization
WHO IS AN INSURED under Section C. Is
amended to include as an additional insured.
the person(s) or orgenizatlon(s) shown in the
beclafations, but only with respect to liability
for "bodily injury", "Property damage" or
"personal and: advertising injury" caused, in
whole or. in part, by your acts or omissions or
the acts or omissions of those acting on your
behalf;
a, in the performance of your ongoing
operations; or
b, In connection with your premises owned
by or rented to you.
2. Additional Insured - Managers Or Lessors
Of Premises
a. WHO IS AN INSURED under Section C. is
amended to include as an. additional insured
the person(s) or organization(s) shown in the
Declarations as an Additional Insured -
Designated Person Or Organization; but only
with respect to liability arising out of the
ownership, maintenance or use of that part of
the premises. leased to you and shown in the
Declarations.
b. With respect to the insurance afforded to
these additional Insureds, the following
additional exclusions apply
This insurance doeslnol apply to
(t) Any "Occurrence" which takes place
after you cease to be a tenant In that
premises; or
(2) Structural alterations, new
construction or :demolition operations
performed by or on behalf of such
person: or organization.
3. Additional Insured - Grantor Of Franchise
WHO IS AN INSURED under Section C. is
amended to include as an additional insured
the person(s) or orgenization(s) shown in the
Declarations as an Additional Insured -
Grantor Of Franchise, but only with respect to
their liability as grantor of franchise to you
4, Additional Insured - Lessor Of Leased
Equipment
a. WHO IS AN INSURED under Section C. is
amended to include as an additional
insured the person(s) or organization(s)
shown in the Declarations as an Additional
Insured — Lessor of Leased Equipment,
but only with respect to liability for "bodily
injury", "property damage" or "personal
and advertising injury" caused, in whole or
in part, by your maintenance, operation or
use of equipment leased to you by such
person(s) or organization(s)
b. With respect to the Insurance afforded to
these additional Insureds, this insurance
does not apply to any "occurrence" which
takes place after you cease to lease that
equipment.
5. Additional Insured - Owners Or Other
Interests From Whom Land Has Been
Leased
a. WHO IS AN INSURED under Section C. is
amended to include as an additional
insured the person(s) or organizations)
shown in the Declarations as an Additional
Insured — Owners Or Other Interests From
Whom Land Has Been Leased, but only
with respect to liability arising out of the
ownership, maintenance or use of that part
Of the land leased to you and shown In the
Declarations.
b. With respect to the insurance afforded to
these additional insureds the following
additional exclusions apply
This insurance does not apply to
(1) Any 'occurrence" that takes place
after you cease to Lease that land; or
(2) Structural alterations, new
construction or demolition operations
Performed by or on behalf of such
person or organization.
6. Additional Insured - State Or Political
Subdivision — Permits
a. WHO IS AN INSURED under Section C. is
amended to include as an additional
insured the state or political subdivision
shown in the Declarations as an Additional
Page 18 of 24 Form SS 00 08 04 05
Sent By: ALLIED BROKERS; 949 4531244; Jul -26 -07 9:30; Page 13113
BUSINESS11ASILITY COVERAGE FORM
This insurance does hot apply to structurat
alterations, new construction and demolition
operations performed by or for that person or
organization.
9, Additional Insured - Owners, Lessees Or
Contractors - scheduled Person Or
Organization.
a. WHO IS AN.INSURED under Section C. Is
amended to include as an additional
insured the persons) or organization(s)
shown in the Declarations as an Additional
Insured - Owner. Lessees Or contractors,
but only with respect to liability for "bodily
njury", "property damage" or "personal
and advertising injury" caused; in whole or
In part, by your acts or omissions or the
acts or omissions of those acting on your
behalf:
(1)- In the.- performance of your ongoing
operations for the additional
insured(s); or
(2) In connection with "your work'
performed for that additional insured
and included within the "products -
completed operations hazard ", but
only if this Coverage Part provides .
coverage for "bodily Injury" or
"property damage" included within the
"products- completed operations
hazard ".
b. With respect to the insurance afforded to
these additional insureds, this insurance
does not apply to "bodily injury. "property
damage" or "personal an advertising
injury" arising out of the rendering of, or
the failure to render, any professional
architectural, engineering or surveying
services, ihcluding.
(1) The preparing, approving, or failure to
prepare or approve, maps, shop
drawings, opinions, reports, surveys,
field orders, change orders, designs or
drawings and specifications; or
(2) Supervisory, Inspection, arcniteotural
or engineering. activities.
10. Additional Insured - Co -Owner Of Insured.
premises
WHO iS AN INSURED under Section C, is
amended to include as nn additronal insured
the person(s) or Orpanization(s) shown in the
Declarations as an Additional Insured - Co-
Owner Of Insured Premises, but only with
respect to their liability as co -owner of the
premises shown in the Declarations.
The limits of Insurance that apply to additional
Insureds are described in Section D. - Limits Of
Insurance.
How this insurance applies when other insurance
is available to an additional insured is described in
the Other Insurance Condition in Section E. -
Liability And Medical Expenses General
Conditions,
G, LIABILJTY AND MEDICAL EXPENSES
DEFINITIONS
1. "Advertisement" means the widespread public
dissemination of information or images that
has the purpose of inducing the sale of goods,
products or services through,
a. (1) Radio;
(2) Television;
(3) Billboard;
(4) Magazine;
(5) Newspaper;
b. The Internet, but only that part of a web
site that is about goods, , products or
services for the purposes of inducing the
sale of goods, products or services; or
c. Any other publication that is given
widespread public distribution.
However, "advertisement' does not include.
a. The design, printed material, information
or images contained In, on or upon the
packaging or labeling of any goods or
products; or
b. An interactive conversation between or
among persons through a computer network.
2. "Advertising idea" means any idea for an
"advertisement"
3. "Asbestos hazard" means an exposure or
threat of exposure to the actual or alleged
properties of asbestos and includes the mere
presence of asbestos in any form.
4. "Auto" means a land motor vehicle, trailer or
semi - trailer designed for travel on public
roads, Including any attached machinery of
equipment. But "auto' does not include
"mobile equipment",
S. "Bodily injury' means physical:
a. Injury;
b. Sickness: or
c. Disease
sustained by a person and, if arising out of the
above, mental anguish or death at any time
6, "Coverage lerdtory" means:
Page 20 of 24 Form SS 00 08 04 05