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HomeMy WebLinkAboutDESMOND MARCELLO & AMSTER LLC - 2011A-201 1-069 INSURANCE NO.T ON FILE WORK MAY NOT PROCEED APPRAISAL CLERK OF COUNCI SERVICES AGREEMENT DATE: c? /� C ����--SIGG��✓1 cI J sue` r `I HIS AGREEMENT, made and entered into this 21 s` day of March, 201 1, by and � between DESMOND, MARCELLO & AMSTER, LLC (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 business goodwill, and furniture, fixtures and equipment appraisal services. B. Consultant represents that it is able and willing to provide such services for Santa Ana. 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: SCOPE OF SERVICES Consultant shall provide services, as set forth in City's Request for Proposals -Right of Way Consulting and Related Services, dated November 15, 2010, attached hereto as Exhibit A, and as more specifically described in Consultant's Proposal — Business Goodwill Appraisal Services, attached hereto as Exhibit A-1, and Consultant's Proposal — Furniture, Fixtures & Equipment Appraisal Services, attached hereto as Exhibit A-2. All exhibits are incorporated by reference. 2. DELIVERY OF WORK PRODUCT - OWNERSHIP Consultant warrants and represents that it has the absolute right to enter into and perform this Agreement and will perform its obligations hereunder in accordance with standards and practices prevailing in the industry. Consultant's contribution to the Project, including works to be produced by Consultant hereunder, will not infringe or misappropriate the proprietary or personal rights of any third person or party. Consultant shall deliver to City any 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 information systems, as agreed between the City's Project Manager and Consultant. In regard to all material produced as a deliverable under this Agreement, including but not limited to records, papers, drawings, specifications, programs, systems and other materials prepared by Consultant, Consultant agrees, for itself and its affected officers, employees, agents, contractors, and volunteer workers, that (a) other such material shall be the property of the City, and 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 Goodwill Appraisal services, the rates and charges identified in Consultant's Fee Schedule — Goodwill Appraisals, attached hereto as Exhibit B-1. City shall pay, and Consultant agrees to accept as total payment for Furniture, Fixture and Equipment Appraisal services, the rates and charges set forth in Exhibit B-2, attached hereto. The total sum to be expended among all consultants providing goodwill and/or furniture, fixture and equipment appraisal services shall not exceed an aggregate of $300,000, during the term of 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. The invoice shall include a detailed breakdown of the services provided, the project title, the tasks, the hours, and hourly rates. 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. This Agreement shall commence on March 1, 201 1 and terminate on the later of February 28, 2012, or the expenditure of allocated funds, unless terminated earlier in accordance with Section 13, below. The City shall have the option to extend the term for an additional one-year period. 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 which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance ofthis 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. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $2,000,000 combined single limit. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 ofthe 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, and $2,000,000 in the aggregate. 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 ofthis 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 proofthat 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: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the 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 this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 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 ofthis Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of I ike 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 facsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk ofthe City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 facsimile (714) 647-6956 With courtesy copies to: Public Works — Design Engineering City of Santa Ana 20 Civic Center Plaza (M-36) P.O. Box 1988 Santa Ana, California 92702 facsimile (714) 647-5635 and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 facsimile (714) 647-6515 To Consultant: Desmond, Marcello & Amster, LLC 6060 Center Drive, Suite 825 Los Angeles, California 90045 facsimile (31 O) 216-0800 Attn: Aaron D. Amster 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 facsimile, 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 asset 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 teens 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. Asa 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 ofthe City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. However, any use of unfinished work product shall be at City's sole risk. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals ofthis 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 ofthe clauses ofthis Agreement shall be determined and governed by the laws ofthe 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 ofthis Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision ofthe services hereunder and required by the laws and regulations ofthe 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 her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination ofthis Agreement. 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each ofthe terms ofthis 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. Captions and headings in this Agreement, including the title ofthis Agreement, are for convenience only and are not to be considered in construing this Agreement. c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body ofthis Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Cleric ofthe Council APPROVED AS TO FORM: JOSEPH STRAKA Interim City Attorney Laurfiedy Assistant City Attorney RECOMMENDED FOR APPROVAL: RA171C700DINEZ, II Executive Director — P A CITY OF SANTA ANA (7—)6A A M N. REA i Manager DESMOND, MARCELLO 8c AMSTER, LLC /\G...� A�c AARON D. AMSTER Senior Partner Tax ID# o26—d 36� 6�7 EXHIBIT SCOPE OF WORK GENERAL REQUIREMENTS — RIGHT OF WAY SERVICES Consultants under contract with the City of Santa Ana will provide support to City of Santa Ana staff or their designee. The Consultants shall be thoroughly familiar with the Statement of Work prior to submitting a response to this Request for Qualifications (RFQ). • The Consultant shall perform work to produce a high quality, professional and complete work product. • Consultant must have experience with State and Federally funded projects. All work shall be performed in conformance with all applicable regulations, policies, procedures and standards. • Real estate appraisers provided by the Consultant must be certified and a Member of the Appraisal Institute. • All acquisition agents and property managers, performing work for the City, must hold a valid California Real Estate License. Salespersons must be registered with California Department of Real Estate (DRE), as working solely under the Consultant's supervising broker of record. • Work may include, but not be limited to, the following: onsite review of the project area; review of existing records; conducting research and performing analysis; information gathering; negotiations; development of strategies. • The Consultant shall carry out the instructions received from the City and shall cooperate with the City and other agencies. • The Consultant has total responsibility for the accuracy and completeness of the work produced. The work will be reviewed by the City for conformity with the requirements of the Agreement. Reviews by the City may NOT include a detailed review for the accuracy of items submitted. The responsibility for accuracy and completeness of such items remains solely that of Consultant. • The Consultant shall be responsible for coordination and supervision of all work performed by its sub -consultants. The Consultant shall review all work performed by its sub -consultants and the responsibility for accuracy and completeness of work performed remains solely that of Consultant. • The Consultant shall have a Quality Control Plan in effect during the entire time work is being performed under the Agreement. The Quality Control Plan shall establish a process whereby work products are independently checked, corrected and back checked. All projects related correspondences and documents should be maintained and bound in appropriate project files. • The Consultant shall diligently work on each assignment and complete each task in accordance with the schedule and accommodate the City's needs. • The Consultant's work will be subject to inspections by City, County, State and Federal representatives. • Project files including copies of all correspondences, reports, documents, and electronic files shall be submitted to the City when requested. • All work, including reports, analysis, data, and intellectual properties developed during the life of the Agreement shall become the properties of the City. • The Consultant will receive written notification of the award of the contract. Upon on such notification, the Consultant will proceed with the services required by the Agreement. • The Consultant shall complete work under the direction of City staff. The Consultant will be expected to provide experienced and knowledgeable professional staff which will be responsive and maintain excellent working relationships with property owners, tenants, and City staff. The Consultant shall be committed to provide adequate staffing levels at all times in order to adhere to established schedules. The Consultant shall be knowledgeable and very familiar with federal, state and local regulations, policies and procedures as pertain to the right of way services provided. Specific Scone of Work for BUSINESS GOODWILL APPRAISAL SERVICES includes: Consultant services will include providing: Budoetary Estimates of Goodwill Loss Budgetary estimates are used by public agencies in planning and preparing a project budget. Consultant's estimates of goodwill loss will be based upon a "drive by" site inspection of the subject businesses, limited market research, and any publicly available data. In addition, these estimates will take into consideration Consultant's experience in preparing goodwill loss appraisals of comparable businesses, as well as our knowledge of relevant statutes and case law, negotiated settlements and jury awards in eminent domain proceedings. Consultant's results will be presented in a brief letter. Goodwill Loss Acquisition Aopraisals During the early stages of property acquisition, Consultant can provide preliminary estimates of goodwill loss. Acquisition appraisals are based upon data, which may be provided by the business' ownership at its discretion. Such information may include: leases; background on the business provided via owner/management interviews; historical and prospective financial data; and information about proposed relocation sites. In addition, Consultant shall perform basic transactional research in light of our understanding of the business' operations and financial condition. Consultant will also coordinate with real estate and fixtures and equipment appraisers to avoid duplication of compensation. Further, Consultant's analyses will be guided by relevant statutory and case law pertaining to compensation for loss of goodwill. The result of each acquisition appraisal study is presented in a brief report with attached schedules. Included within this document are the purpose of the assignment, the sources of information utilized, a brief description of the subject business and the valuation methods employed. Consultant will note any assumptions made in performing the analysis, as well as all information requested from the business' ownership, but not received, which, upon review by Consultant, may have an impact on the value conclusion. Specific Scone of Work for FURNITURE. FIXTURES AND EQUIPMENT APPRAISAL SERVICES includes: Consultant services will include providing: Budgetary Estimates of Fixtures and Equipment Values Budgetary estimates are used by public agencies in planning and preparing a project budget. Consultant's estimates of fixtures and equipment values will be based upon a "drive by" site inspection of the subject businesses, limited market research, and any publicly available data. In addition, the estimates take into consideration Consultant's experience in preparing fixtures and equipment appraisals of comparable businesses, as well as our knowledge of relevant statutes and case law, negotiated settlements and jury awards in eminent domain proceedings. Consultant's results will be presented in a brief letter. Fixtures and Equipment Appraisals Consultant will provide a fully contained appraisal report, in triplicate, of the improvements pertaining to the realty and major movable equipment of each business appraised. The report will include an estimate of the fair market value in place and liquidation value of all appropriate items and will be prepared in conformance with Article 3 of the California Code of Civil Procedure, Sections 1263.205 and 1263.210. (Compensation for losses in connection with movable personal property is included in the California Code of Regulations, Title 25, Sections 6090 and 6092.) Appraisal procedures will be guided by the Uniform Standards of Professional Appraisal Practice (USPAP). In preparing each comprehensive appraisal, Consultant will: inspect the business' facility; prepare an inventory of the improvements pertaining to the realty and major movable equipment; coordinate appraisal activities with the real estate appraiser to avoid duplication of compensation; interview the business' owner/manager regarding the business' history, operations and tangible assets owned; and utilize generally accepted valuation methodology to determine the fair market value in place and liquidation value of the appropriate items owned by the business. Furniture, Fixtures and Equipment Appraisals tasks may include: • Inspect the business facility. • Prepare separate inventories for the Fixtures & Immovable Equipment and Movable Personal Property. • Coordinate appraisal activities with the real estate appraiser to avoid duplication of compensation • Interview the business owner regarding the history, operation and tangible assets owned. • Prepare report utilizing accepted valuation methodology to estimate the replacement cost new, fair market value in place and salvage value of the appropriate items owned by each business operation. EXHIBIT A-1 CONSULTANT'S PROPOSAL GOODWILL APPRAISAL SERVICES 5. Proiect Organization Chart Aaron Amster Sr_ Partner Project Manager Eric Lietzow Sr. Manager Appraisal Project Teats Organization Chart Loss of Goodwill Appraisal Madeleine Mamaux I Ricardo GoOI Pal cr Sr. Manager Project Manager Project Manager Diane Kevin Blair Christensen Sr. Analyst Manager I I 6. Key Personnel Statement Key personnel will be available to the extent proposed for the duration of the project. No person designated as "key" to the project shall be removed or replaced without the prior written concurrence of the City. 15 EXHIBIT A. _. C. WORK PLAN 1. Approach to Scoae of Work DM&cA's appraisal specialty, business goodwill valuation, is a vital component ofany acquisition project. Our approach to the appraisal process is thorough, collaborative, and professional. Our appraisers recognize the importance of a detailed approach to any assignment, and are cognizant of our role as representing our clients. Our professionals have extensive experience interviewing business owners, and make efforts to address their concerns and needs in these meetings. DM&aA has bilingual professionals to interface with Spanish-speaking business owners. We work closely with agency staff and their attorneys in order to keep all parties apprised of the status of our appraisal projects. The firm can assist the City with the following key services. Budgetary Estimates DNMA can assist in the planning phase of a project by preparing budgetary goodwill loss estimates. These estimates are based upon limited site inspections of the subject businesses, access to any publicly available data, limited transactional research, and our extensive experience in valuing comparable businesses and in negotiated settlements and jury awards in eminent domain proceedings. This analysis does not include management interviews, review and analysis ofhistorical and prospective financial records, nor in depth industry and market research. Accordingly, the conclusions are highly preliminary and inappropriate for settlement 16 negotiations. The preliminary estimates are solely suitable for budgetary purposes. Budgetary estimates can generally be completed within 20 to 30 days. Acquisition Appraisals DM&A's acquisition appraisals are based upon data which may be provided by the business' ownership at its discretion. Such information may include leases, background on the business provided via owner/management interviews, historical and prospective financial data, and information about proposed relocation sites. In addition, DN4&A will perform basic transactional research in light of our understanding of the business' operations and financial condition. DM&A will also coordinate with real estate and fixtures and equipment appraisers to avoid duplication of compensation. Further, DM&A's analyses will be guided by relevant statutory and case law pertaining to compensation for loss of goodwill. The result of each acquisition appraisal study is presented in a brief report with attached schedules. Included within this document are the purpose of the assignment, the sources of information utilized, a brief description of the subject business and the valuation methods employed. DM&A will note any assumptions made in performing the analysis, as well as all information requested from the business' ownership, but not received, which, upon review by DM&A, may have an impact on the value conclusion. Litigation Support DM&A, is available to provide litigation support services to the City regarding any business affected by the types ofprojects outlined above. These services would include, but are not 17 limited to, aiding attorneys in the discovery process, reviewing opposing expert appraisals, and testifying at deposition and/or trial. 2. Sequential Outline DM&A's work will encompass steps including, but not limited to, the following: • Review and analysis of financial statements of the subject business, including internal income statements and balance sheets as well as tax returns; • Interviews with the owners and/or managers of the subject business. Such interviews are intended to provide DM&A with a thorough understanding of the business' products, operations, management, employees, marketing, competition, and industry, as well as an understanding of recent financial trends and outlook; • Site and area inspections of both the subject location and the business' relocation site, if applicable; • Review of leases and other contracts pertinent to the business' operations; • Coordination with other professionals, such as fixtures and equipment appraisers, real estate appraisers, and relocation consultants, to avoid duplication of compensation; • Independent research in the business' industry and the economic factors affecting the business; 18 • Research into the marketplace for sales of businesses similar to the subject; • Investigation of the impact of the taking and/or of relocation, if applicable, on the business' revenues and profits in the "after" condition; and • Implementation of valuation methods, such as the Income Approach and Market Approach, to determine the value of the business' goodwill in both the before condition and in the after condition. 3. Proiect Schedule The schedule for completion of a business goodwill appraisal can vary widely depending upon the complexity of the business appraised and the degree of cooperation from the business' ownership. It is our experience that, assuming full and timely cooperation from all parties, an appraisal can be completed within 30 days of a client's authorization to proceed. DM&A actively communicates project status with clients via email, conference calls, or any other means preferred by the client. To the extent any data or information necessary for an appraisal is not forthcoming, we will notify City officials in a timely manner such that steps can be taken to obtain the necessary data. Budgetary estimates can generally be completed within 15 to 20 days. 4. Ouality. Budget and Schedule Control Our collaborative business approach allows DM&A to have a level of quality control and responsiveness that is unique in our market. DM&A's appraisal review process is thorough and involves oversight by firm partners. Budgets and schedules are closely monitored, and 19 appropriate management controls have been implemented to maximize employee productivity. DM&A's delivery record of projects on time and within budget is evidence of the firm's superior quality control. S. Special Issues DM&sA has not identified any special issues at this time. 6. Proposed Enhancements To the extent that DM&A finds any avenues to enhance efficiency, quality and/or responsiveness, we will pass along such ideas to the City during the course of the Project. 20 EXHIBIT A-2 CONSULTANT'S PROPOSAL FURNITURE, FIXTURE AND EQUIPMENT APPRAISAL SERVICES 5 Project Organization Chart Anron Amster Sr. Partner Project [Manager Appraisal Project Team Organization Chart Madeleine Mama— Wesley Nulten Partner Partner Project Manager Project Manager Ricardo GoRi Nlarcas Pigrom Sr. Manager Sr. Manager Project Manager Project Manager Eric Uotzow Diane Christensen Kevin Blair Sr. Manager Manager Sr_ Analyst 6 Key Personnel Statement Key personnel will be available to the extent proposed for the duration ofthe project. No person designated as "key" to the project shall be removed or replaced without the prior written concurrence of the City. 18 EXHIBIT AP C. WORK PLAN 1 Approach to Scone of Work DM&A's appraisal specialty, furniture, fixtures and equipment valuation, is a vital component of any acquisition project_ Our approach to the appraisal process is thorough, collaborative, and professional. Our appraisers recognize the importance of a detailed approach to any assignment, and are cognizant of our role as representing our clients. Our professionals have extensive experience interviewing business owners, and make efforts to address their concerns and needs in these meetings. DM&A has bilingual professionals to interface with Spanish-speaking business owners. We work closely with agency staff and their attorneys in order to keep all parties apprised of the status of our appraisal projects. The firm can assist the City with the following key services. Budgetary Estimates DM&A can assist in the project planning phase by preparing budgetary fixtures and equipment estimates. These estimates are based upon limited site inspections and our experience in valuing comparable businesses. This type of analysis does not include detailed inventory of fixtures and equipment or in-depth market and cost research. Accordingly, the conclusions are highly preliminary and inappropriate for settlement negotiations. The preliminary estimates are solely suitable for budgetary purposes. 19 Comprehensive Appraisals In providing furniture, fixtures and equipment appraisal services to the City, DM&cA will perform the necessary research, investigation, and analysis to provide written appraisal reports in compliance with the -standards ofthe Uniform Standards of Professional Appraisal Practice (USPAP), the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and Public Law 91-646 (the Uniform Act) as they pertain to fixtures and equipment valuations. The appraisals we provide can be used for settlement negotiations and are appropriate for legal exchange. In addition, DM&A's fixtures and equipment specialist has experience in providing testimony in depositions regarding conclusions of value. DM& -A can provide litigation support functions related to fixtures and equipment matters, such as assistance in discovery, reviewing other appraisals, and preparing direct and rebuttal testimony. 2 Sequential Outline. DM&sA's work will encompass steps including, but not limited to, the following: • Communications with City management to ascertain the scope of the assignment; o Coordination with relocation agents, acquisition agents and attorneys; • Scheduling a site inspection convenient to the business' owners and management; 20 • Preparing a complete inventory ofthe assets at the subject business location. This inventory includes a description ofthe assets as well as observation of their age, condition, and method of installation, if any; • Review of any documentation pertaining to the assets provided by the business owner and/or manager, such as invoices, depreciation schedules, and construction contracts; • Interviewing business owners and/or managers; • Researching the marketplace for each ofthe assets identified on -site. Such research includes reference to a variety of publications as well as discussions with individuals knowledgeable about the market for the assets; • Coordinating with other appraisers to avoid duplication of compensation; • Applying valuation methods including the Market Approach and Cost Approach to the subject assets; and • Preparing the appraisal report for submission. 3 Protect Schedule The schedule for completion of a fixtures and equipment appraisal can vary widely depending upon the complexity ofthe business appraised and the degree ofcooperation from the business' 21 ownership. It is our experience that, assuming full and timely cooperation from all parties, an appraisal can be completed within 30 days of a client's authorization to proceed_ DM&A actively communicates project status with clients via email; conference calls, or any other means preferred by the client. To the extent any data or information necessary for an appraisal is not forthcoming, we will notify City officials in a timely manner such that steps can be taken to obtain the necessary data. Budgetary estimates can generally be completed within 20 to 30 days. 4 Quality, Budget and Schedule Control Our collaborative business approach allows DM&A to have a level of quality control and responsiveness that is unique in our market. DM&A's appraisal review process is thorough and involves oversight by firm partners. Budgets and schedules are closely monitored, and appropriate management controls have been implemented to maximize employee productivity. Di\ i&A's delivery record of projects on time and within budget is evidence of the firm's superior quality control. S. Snecial Issues DM&A has not identified any special issues at this time. 6 Pronnsed Enhancements To the extent that DM&A finds any avenues to enhance efficiency, quality and/or n responsiveness, we will pass along such ideas to the City during the course of the Project. 22 EXHIBIT B-1 FEE SCHEDULE GOODWILL APPRAISAL SERVICES - E. COST AND PRICE PROPOSAL Pricing Detail— Business Goodwill Appraisal DM&A does not analyze individual work tasks separately for proposal pricing. The bulk of the time spent typically involves financial analysis, research, and valuation analysis tasks. The amount of time spent on review also varies by assignment. DM&A's services are very business/tenant specific. Meaningful fee estimates cannot be given without knowing the types ofbusinesses for which our services may be needed. Therefore we have provided business type information in the average cost estimates below and assumed "typical" situations. Summary Report Appraiser Ave. Rate 4- pro ect Mgr. Ave. Rate a Avera a Cost Estimate Project Manager Average Cost Business e* Appraiser Avera a Rate Average Rate Estitate Small Retail & Services 19 hrs. $175 = $3 325.00 8 hrs. $275 = $2 200 $5 525 Restaurants/Bars 21.5 hrs. Cal $175 = $3,762.50 10 hrs. $275 = $2,750 $6,513 Independent Wholes Whole/Manufacturin al 27 hrs. $175 = $4,725.00 � 12 h is. @ $275 = $3,300 $8,025 Gasoline Stations (may include convenience stores, auto repair, 21.5 hrs. @ $I75 = $3,762.50 10 hrs. Q $275 = $2,750 $6,513 and car wash -usr is Trul au Inclusive of posslore ausiness rypes. DM&A will not submit claims for reimbursement ofmileage, overtime, travel costs or ordinary costs incurred in the appraisal process. However, reimbursable expenses may be incurred during litigation, and may include preparation of trial exhibits. 22 EXHIBIT R 1 Right of Way Consulting and Related Services PART I - LIST OF KEY PERSONNEL Names Functions Aaron star Madeleine Mamaux Pro act Mana-er PART 11 - LIST OF SUBCONSULTANT/SUBCONTRACTORS Subcontractor Name/Address Function None EXHIBIT A Page 1 of -I Page 35 of36 EXHIBIT B. Page 1 of 1 Right of Way Consulting and Related Services PRICE SUMMARY SHEET SCHEDULE I -- HOURLY RATES court/ Standard Depo Name Job Title/ Classification Job Function Fully Burdened Hourly Rate' Aaron Amster Sr. Partner ,project Alanager 295 400 Madeleine Mamaux partner Project Manager 250 350 "Fuliv Burdened" rates include all overhead. general costs. administration costs and profit_ Page 36 of 36 EXHIBIT B-2 FEE PROPOSAL FURNITURE, FIXTURE AND EQUIPMENT APPRAISAL SERVICES E. COST AND PRICE PROPOSAL Pricing Detail — Fixtures and Equipment Appraisat DM&A does not analyze individual work tasks separately for proposal pricing. The bulk of the time spent typically involves inventorying relevant items and valuation research. The amount of time spent on review also varies by assignment. DN4&A's services are very business/tenant specific. Meaningful fee estimates cannot be given without knowing the types of businesses for which our services may be needed. Therefore we have provided business type information in the average cost estimates below and assumed "typical" situations. Summary Report Average Typical Hours Project Manager Cost Business T e* Required Rate Estimate Small Retail & Services 16 $150 $2,400 Restaurants/Bars 25 $150 $3,750 Independent Wholesale/Manufacturing 40 $150 $6,000 Gasoline Stations (may include convenience stores, 36 $150 $5,400 auto repair, and car wash) Gist is not all inclusive ofpossible business types. DM&A will not submit claims for reimbursement ofmileage, overtime, travel costs or ordinary costs incurred in the appraisal process. However, reimbursable expenses may be incurred during litigation, and may include preparation of trial exhibits. 24 EXHIBIT EXHIBIT A Page 1 of 1 Right of Way Consulting and Related Services PART I — LIST OF KEY PERSONNEL Names Functions Marcus Pi rom Project Manager Aar<pn Amstar Pro ct Reviewneview & Coordination Madeleine Mamaux Pro ect Revlow & Coordination PART II — LIST OF SUB CONS ULTANT/SUBCONTRACTORS NONE Page 35 of 36 EXHIBIT B Page 1 of 1 Right of Way Consulting and Related Services PRICE SUMMARY -SHEET SCHEDULE 1 -- HOURLY RATES court/ Standard Depo Name Job Title/ Classification Job Function Fully Burdened Hourly Rate Marcus Pi rom Sr. Mana er Project hf a r 1 Aaron Amster Sr. Partner - Project Manager 325 450 Maaeleine Mamaux Partner Project Manager 295 400 r-ully Burdened" rates include all overhead, general costs, administration costs and profit. Page 36 of 36 rA 1r�TiTTi1 CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 08/08/2011 THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S). AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, Certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER PrideMark-Everest Insurance Services, Inc. A Leavitt GroupCoOF13098 o 1820E. First Street, Ste 500 Santa Ana, CA 92705 CONTNAME, Sandy Schmitt P,t No 714.569.2700 x3683 No,714.569.3099 E-MAIL ADDRESS: sandy— schmi ttQ21 eavi tt. com PRDDU E 00002670 INSURER(S) AFFDROING COVERAGE NAIC e INSURED Desmond, Ma rcel to & Amster, LLC 6060 Center Drive, Suite #825 Los Angeles, CA 90045 INSURER A: Sequoia Insurance Company 22985 INSURER B: INSURER C: INSURER D : INSURER E : INSURER F : THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURA NCE INSRL BR WVD POLICY NUMBER MMfDD/YYYY MM� Y LIMITS GENERAL UABILITY EACH OCCURRENCE_UAMAG E COMMERCIAL GENERAL LIABILITY CLAIMS -MADE [__] OCCUR PREMISES Ea ooarren e E MED EXP (Any one person) $ PERSONAL a ADV INJURY E GENERALAGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: POLICY 1 ECT LOC PRODUCTS - COMP/OP AGG $ E AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea acrdent) E BODILY INJURY (Per parson) S - ALL OWNED AUTOS BODILY INJURY (Per aceitlent) E SCHEDULED AUTOS HIRED AUTOS NON-0O MEDAUTOS APPRO V F 0 AS TO _% (�2 L' OR J PROPERTY DAMAGE (Per aCCitlant) E E $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE 1 C Assistant City AI iorne, y EACH OCCURRENCE E AGGREGATE E DEDUCTIBLE E RETENTION E $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILnY YIN ANYPROPROFFICER/ EIETOW BER EXCLUDED?ECUTNE�� lIYY�J NIA SW P207760 08/O'1/20'li 08/O'1/20'12 X - Y IMITS ER E.L. EACH ACCIDENT $ 1, QQQ, QQ E.L. DISEASE - EA EMPLOYE E 1,000,000 (Mande ,, in NH) If yes, de-1— untler DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT E 1 , 000 , OQ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (At h ACORD 101. Addi"anal Remarfrs Schedule, if more space Is regWred) e: City Contract for Appraisal services. ------------ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Santa Ana Dept of the Community Dev Agency AUTHORIZED REPRESENTATIVE J 20 Civic Center Plaza M-36 Sa to Ana, CA 92701 Gary Wells/SS 4D1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD ACORPN CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYY`!) nA /77 /7n T THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED. subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorserrent(s). PRODUCER PrideMark-Everest Insurance Services, Inc. A Leavitt Group Co #OF13098 1820E. First Street, Ste 500 NAME:` Sandy Schmitt PN/�'10 714.569.2700 X3683 FAX NP:714.569.3099 E-"Q_ sandy- schmi tTGl eavi tt. com PRODUCER 00002670 Santa Ana. CA 92705 INSURER(S) AFFORDING COVERAGE NA.0 s INSURED DESMOND MARCELLO & AMSTER,LLC 6060 CENTER OR #825 INSURER A: Sentinel Ins Co. Ltd 11000 INSURER a: MSURERC: LOS ANGELES, CA 90045 -.. ------_-__. INSURERD. - INSURER E : INSURER F : THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTaRR TYPE OF INSURANCE INSR SiI D POLICY NUMBER MMLDIOYYVFI MOL POLICY EXP LIMITS GENERAL LIABILITY 72SBANM949 08/15/2011 08/15/2012 EACH OCCURRENCE $ 1L. 000. 00 T.ERCIAI- RDAMAGE GENEAL LIABILITY CLAIMSMADE EX OCCUR yo P $ 300.000 MED EXP (Any one person) $ ILO. OO PERSONAL S ADV INJURY S 1 , 000, OO A GENERAL AGGREGATE s 2. 000, OO GEN'L AGGREGATE LIMIT APPLIES PER: X7 POLICYL_Lj JE P 71 LOC PRODUCTS - COMP/OP AGG $ 2. OOO , DOE $ AUTOMOBILE LIA0ILITY ANY AUTO 72SBANM949 08/15/2011 08/15/2012 COMBINED SINGLE LIMIT (Ee accident) $ 1. 000, OO BODILY INJURY (Per parson) $ A X ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS BODILY INJURY (Per acddant) S PROPERTY DAMAGE (Per accident) $ X NONOWNED AUTOS $ X DOES NOT OWN AUTOS S UMBRELLA LIAR X OCCUR 72SBANM949 08/15/2011 08/15/201 2 EACH OCCURRENCE $ 1,000,000 A X E%LESS LU\B CLAIMS -MADE AGGREGATE $ 1,000,000 DEDUCTIBLE $ AYPRU V LI-o AS -3 O FORM X RETENTION S lO , 00 $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIErOR/PARTN ER/EXECUTIVE OFFICEWMEMBER EXCLUDEDT (Mandatary In NN) ❑yes.tle TION untler DESCRIPTION OF OPERATIONS below -- --- - E. L, a I: i a I �i Ati5l�LN0 .3 iY l_ � I .i`(Urrl •_-`. —. _ _ TORY LIMIT ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE S E.L. DISEASE - POLICY LIMIT S �'-'-As require y Written ontract -- DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (A—h ACORD 101. Additional Wmarxa 9chaduM, i1 mo,� apnea Is raqulrad) e: City Contract for Appraisal Services. ity of Santa Ana, its officers, employees, agents, volunteers & representatives are Additional Insured s respects General Liability per SS 00 08 04 05, pgs 17-20, includes Primary/Non-contributory wording SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Santa Ana 20 Civic Center Plaza AUTHORIZED REPRESENTATNE M-25 a Sa to Ana, CA 92701 Gary Wells SS (la 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD BUSINESS LIABILITY 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 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: 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 organization(s) shown in the Declarations, 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 does not 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. 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 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 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 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 BUSINESS LIABILITY 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 person(s) 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. 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, including: (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, 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 person(s) or Organization(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. 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 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 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. S. "Coverage territory" means: Page 20 of 24 Form SS 00 08 04 05 7 Insured — State Or Political Subdivision - Permits, but only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. b. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality; or (2) "Bodily injury" or "property damage" included in the "product -completed operations" hazard. Additional Insured — Vendors a. WHO IS AN INSURED under Section C. is amended to include as an additional Insured the person(s) or organization(s) (referred to below as vendor) shown in the Declarations as an Additional Insured - Vendor, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business and only if this Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products -completed operations hazard"_ b. The insurance afforded to the vendor is subject to the following additional exclusions: (1) This insurance does not apply to: (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; BUSINESS LIABILITY COVERAGE FORM (a) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf_ However, this exclusion does not apply to: (1) The exceptions contained in Subparagraphs (d) or (f); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. Additional Insured — Controlling Interest 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 — Controlling Interest, but only with respect to their liability arising out of: a. Their financial control of you; or b. Premises they own, maintain or control while you lease or occupy these premises. Form SS 00 08 04 05 Page 19 of 24 BUSINESS LIABILITY COVERAGE FORM (6) 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 That is other insurance available to an bought specifically to apply in excess of the additional insured. Limits of Insurance shown in the However, the following provisions Declarations of this Coverage Part. apply to other insurance available to c. Method Of Sharing any person or organization who is an If all the other insurance permits 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 Required By Contract 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 insurance 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 If you have agreed in a written If the insured has rights to recover all or contract, written agreement or Part of any payment, including permit that this insurance is p 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 insurance, 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 insurance. enforce them. This condition does not Paragraphs (a) and (b) do not apply to apply to Medical Expenses Coverage. other insurance to which the additional b. Waiver Of Rights Of Recovery (Waiver insured has been added as an Of Subrogation) additional insured. If the insured has waived any rights of When this insurance is excess, we will recovery against any person or have no duty under this Coverage Part to organization for all or art of an g P y payment, defend the insured against an suit" if an g y �� y 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 05 Page 17 of 24 .-I% ' CERTIFICATE OF LIABILITY INSURANCE DATE04/19/(MMIDIYYYW2011) THIS CERTIFICATE 13 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S). AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the osrefllsle holder la an ADDITIONAL INSURED. Eta pogt,y(fea ws must be Broed. If SUBROGATION IS WAIVED, subleat to the terms and COndihone of the po11Ly, mrtaln POIk:6_ may require an endorse "L A statement on this cert]fl aM does not mnfer rfghH o the Certificate holler In Beu of such endorse—t(s). PROMICER PrideMark-Everest Insurance Services, Inc. A Leavitt Group Co MOF13098 1820E. First Street, Ste 500 { 1 _, Santa Ana, CA 92705 ' ` lJ (�/ ME.T 3uliana Use E,e.714.569.2700x3817 FAX .714.569.3099 Juliana-bae6leavitt.com 00002670 R Off a AFFORD1NOCOVERAOE NAIC1 Desmond, Marcelle & Amster, LLC 6060 Center Drive, Suite If825 Los Angeles, CA 90045 F W:L"MA: Navigators Specialty Insurance 42307 INsUFaFts: wsuRERe• INOLRM. INSURER S: INSURER F • COVERAGES CERTIFICATE NUMBER: E&U Master 11-1Z REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IL TYPE OF INSURANCE IN W VO POLICY NUMBER INWp P LMna OENEIW_LIAEL)Tr COMMERCIAL GENERAL LIABILITYZEZ�—S CLAru = OCCUR EACH OCCURRENCE S MED EXP (Any rrr peritM) a PERSONAL & ADV ENJURY i GENERAL AGGREGATE a OENL AGGREGATE LIMIT APPLIES PER_ POLICY M JEto- LOC PRODUCTS-COMPIOPAOG s S AUTOMOBILNUASILITY ANY AUTO ALL(ANNEDAUTOS SCHEDOLEDAUTOS HIREDAUTOS NON-0NMED AUTOS APPRO V Eli AS TD FOR COMBINED SINGLE LIMIT (Fa eaereenl) S BOOT LY INJURY(Per Pslawl) S BODILY INJURY (Per eodess) i PROPERTY CE I a S f UMBRB.LA UAB OICESS LIAR OCCUR CLAIMSMADE .—. EACH OCCURRENCE S .:ltlla st:tt stle'dy Assistant City At OTr1Cy AGGREGATE i DEDUCTIBLE RETENTION i a Is WOlTIt6Ra COeFERiw ON AND EMPLOK S`uABRITY YIN OANYFHCERAU'EMBER EXCLUOEERD ECIffIVE� eft. etery In NN) DE — W vWr lama N/A E.L. EACH ACCIDENT a EL. DISEASE - EA EMPLOYE a E L. DISEASE -POLICY LIMIT i A rrors ss ons - etro Date: 4/1/91 1Aggregate SFIIMPL59S201I 04/16/2011 04116/2012 Per Occur Limit: Limit: 2,000,000 S2,000,000 DESCRIPTION OP OPERATIONS r LOCATIONS r VEHICLES (Attsa\ ACORD IM. A"WU al Remarks See M. E mars spree b ngllbee) E: Operations of the named insured as on file with insurance carrier. trGKrlrra.n I C r1V6.YCR w\��.c��w I ra.n� SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 711E EXPIRATION WILL DATE THEREOF, NOTICE BE DELIVERED IN The City of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS. Public Works Agency, Design Engineering Attn: Sheri Barkley AUTNORI REPRESENTATIVE -�� 20 Civic center Plaza, M-36 Sa to Ana, CA 92702 Gary Wells SS m 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD ACORD CERTIFICATE OF LIABILITY INSURANCE ,M oarEIMM'12013I oB/o7/zo13 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an AODITIONAL RED, the policy(tes must be endorsed. If SUSROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not Confer rights to the certificate holder in lieu of such endorsoment(s). PRODUCER Leavitt Group#OF13098 PrideMark-Everest Ins Sery Inc 1820 E. First Street, Ste SOO Santa Ana, CA 92705 CONTAC NAME: ,)U iana Bae "PHONE — ---- AXI S 3099._ 714.569.2700 x3817 QV No; 714.569.3U99_ juliane-bae@leavitt.com _ADDRESS; IHOURER(S)APFGRDINE COVERAGE _ NAICp INSURERA:Sentinel Ins CO. Ltd 11006— _ INRED DEDE MO�b A STEM R,LLC —' _ 6060 CENTER DR #825 LOS ANGELES, CA 9004S _RA: INS UHERB A C: v' _ _INSURER INSVRERD:�_�� _-- {t p2-®I1-0194 INSURER E: INSURER lK4'IM:L•[E1R:�M.a:lf E171N1\E�,RIL41.19:fIA1S[O{r�Lisf1IIJ1121IIIu1:�:Jgrl6Y U]P4UIt41:1tl:� THIS IS TO CERTIFY A POLICIES F INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAM50MOVE POR THE POLICYPERIOD INDICATED. NQTWITHSTANOINO ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ggEXCLUSIONS TYPE 0F INSURANCR� INSR WVtl �— POLICY NUMOSR M IOp1YYYY "2`AE MMIOpMIYY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLNMSMADE a OCCUR 72SBANM949 08/15/2013 08118/2014j EACHOCCURRENOE $ 1,000.00 �IRrEa E nw) $ 300,00 [MEDEXP (Ady ona person) $ 1Q,QQ PERSONAL annVINJURY s 1,000,00 - 'GENERALAGGREGATE $ 2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: PRO• X POLCV JECT LOC PRODUCT$-COMP/OP AEG S 2,QQ0, 0Q _- S A AUTOMOBILE X _ LIABILITY ANY Auro ALL OWNED SCHEDULED AUTOS AUUTOS 1ERE0 AUTOS X NtlNOWNED AUTOS__— 72SBANM9496 I NO OWNED AUTO 08/15/2013 08/15/2014 _ $ 1,000,00 SOOILY INJURY eObILV INJURY (Per person) $ INJURY ROOPrI fPur sccidanQ 'pROpERTY1)ARTA'Gc^— $ A X UMBRELLA LIAO EXCESSUAS X OCCUR CIAIMS-MADE I 72SBANM949 08115/2013 08/1512014 EACHOCCURRENCE S AOGREGATE _1_1000,00 $ 1,090,0Q BEO X RETENTION$ 10,00 _ $ WORKERS COMPENSATION AND EMPLOYEES' LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIV OFFICERIMEMDER EXCLUDED? (Ma,WotoryinNul IPIes, describe under DESCRIPTIONOFOPERATIONSbolaY, I NIA TDRY LIMITS,IL,w,_ ER EL_EACHACCIDENT $ E.L.DISEASE - CA RMPLO`rG .--- $ '--"---""-'^--'-- E.L. DI8EA.SE- POLICYLIMIT -- $ rr"*As required y written contract***j DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES(AIWch ACORD 101,Additiona1 Remarks Schedule, if maryspn.I.,vaulrad) O d E: City Contract for Appraisal Services City of Santa Ana,. its officers, employees, agents, volunteers & represenik v ® hi"O ared s respects general liability per SS 00 08 04 O5, pgs 17-20, include a y/rW RR&t91Wory wording S n1Ot / Laura St;ty'Stleedv City of Santa Ana AsalslaDl. Cily Attorney 20 Civic Center Plaza M-25 Santa Ana, CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORD THE EXPIRATION OATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD DESMOND MARCELLO & AMSTER,LLC Policy #72SBANM9496 BUSINESS LIABILITY COVERAGE FORM (6) 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 That is other insurance available to an bought specifically to apply in excess of the additional insured. Limits of Insurance shown In the However, the following provisions Declarations of this Coverage Part. apply to other Insurance available to c. Method Of Sharing any person or organization who is an If all the other insurance permits 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 Required By Contract 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 insurance 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 If you have agreed in a written If the Insured has rights to recover all or contract, written agreement or part of any payment, including 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 Insurance, 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 insurance. enforce them. This condition does not Paragraphs (a) and (b) do not apply to apply to Medical Expenses Coverage. other insurance to which the additional b. Waiver Of Rights Of Recovery (Waiver insured has been added as an Of Subrogation) additional insured, If the insured has waived any rights of W When this Insurance is excess, we will recovery against any person or have no du under this Coverage Part to � g organization for all or part of any payment, defend the Insured against any "suit" 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 insurer'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 05 Page 17 of 24 DESMOND MARCELLO & AMSTER, LLC BUSINESS LIABILITY COVERAGE FORM Policy #72SBANM0496 F. OPTIONAL ADDITIONAL INSURED 3. Additional Insured - Grantor Of Franchise COVERAGES WHO IS AN INSURED under Section C. is If listed or shown as applicable in the Declarations, amended to include as an additional insured one or more of the following Optional Additional the person(s) or organization(s) shown in the Insured Coverages also apply. When any of these Declarations as an Additional Insured - Optional Additional Insured Coverages apply, Grantor Of Franchise, but only with respect to Paragraph 6. (Additional Insureds When Required their liability as grantor of franchise to you. by Written Contract, Written Agreement or Permit) 4. Additional Insured - Lessor Of Leased of Section C., Who Is An Insured, does not apply Equipment to the person or organization shown in the a. WHO IS AN INSURED under Section C. is Declarations. These coverages are subject to the amended to Include as an additional terms and conditions applicable to Business insured the person(s) or organization(s) Liability Coverage in this policy, except as shown in the Declarations as an Additional provided below: Insured — Lessor of Leased Equipment, 1. Additional Insured - Designated Person Or but only with respect to liability for "bodily Organization injury", "property damage" or "personal WHO IS AN INSURED under Section C. is and advertising injury" caused, In whole or amended to include as an additional insured In part, by your maintenance, operation or the person(s) or organization(s) shown In the use of equipment leased to you by such Declarations, but only with respect to liability person(s) or organization(s). for "bodily injury", "property damage" or b. With respect to the Insurance afforded to "personal and advertising injury" caused, in these additional Insureds, this insurance whole or in part, by your acts or omissions or does not apply to any "occurrence" which the acts or omissions of those acting on your takes place after you cease to lease that behalf: equipment. a, In the performance of your ongoing 5. Additional Insured - Owners Or Other operations; or Interests From Whom Land Has Been b. In connection with your premises owned Leased by or rented to you. a. WHO IS AN INSURED under Section C, Is 2. Additional Insured - Managers Or Lessors amended to Include as an additional Of Premises Insured the person(s) or organization(s) shown in the Declarations as an Additional a. WHO IS AN INSURED under Section C. is Insured — Owners Or Other Interests From amended to include as an additional insured Whom Land Has Been Leased, but only the person(s) or organization(s) shown In the with respect to liability arising out of the Declarations as an Additional Insured - ownership, maintenance or use of that part Designated Person Or Organization; but only of the land leased to you and shown in the with respect to liability arising out of the Declarations. ownership, maintenance or use of that part of the premises leased to you and shown in the b. With respect to the Insurance afforded to Declarations, these additional insureds, the following additional exclusions apply: b. With respect the insurance afforded to these additional insureds, the following This insurance does not apply to: additional exclusions apply: (1) Any "occurrence" that takes place This insurance does not apply to: after you cease to lease that land; or (1) Any "occurrence" which takes place (2) Structural alterations, new after you cease to be a tenant in that construction or demolition operations premises; or performed by or on behalf of such (2) Structural alterations, now person or organization. construction or demolition operations 6, Additional Insured • State Or Political performed by or on behalf of such Subdivision — Permits person or organization. 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 DESMOND MARCELLO & AMSTER, LLC Policy #72SBANM9496 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 not apply to: servicing or repair operations, such operations performed ' ry", "property damage" or (1) "Bodilyinjury", at the vendor's premises in "personal and advertising Injury" connection with the sale of the arising out of operations performed for product; the state or municipality; or (g) Products which, after distribution (2) "Bodily injury" or "property damage" or sale byb you, have been labeled Included in the "product -completed or relabeled used a operations" hazard. o p r of container, part or ingredient of any 7. Additional Insured —Vendors other thing or substance by or for 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 organization(s) damage" arising out of the sole (referred to below as vendor) shown in the negligence of the vendor for its 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 Part Subparagraphs (d) or (f); or provides coverage for "bodily Injury" or "property damage" included within the (i1) Such inspections, "products -completed operations hazard". adjustments, tests or servicing as the vendor has agreed to 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 (1) This insurance does not apply to: business, in connection with (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 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, vendor would have in the absence accompanying or containing such of the contract or agreement; products, (b) Any express warranty S. Additional Insured — Controlling Interest unauthorized by you; WHO IS AN INSURED under Section 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 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 SS 00 08 04 05 Page 19 of 24 BUSINESS LIABILITY 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 person(s) 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. 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, including: (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, 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 persons) or Organization(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. DESMOND MARCELLO & AMSTER, LLC Policy #72SBANM9496 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. 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 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 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 SS 00 08 04 05 tRv® CERTIFICATE OF LIABILITY INSURANCE D/AT 467/014(2014Yri) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: ORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Leavitt Group #OF13098 PrideMark-Everest Ins Sery Inc 1820 E. First Street, Ste 500 Santa Ana CA 92705 C NEA T Certificate Department �� _ PNDNE (714)569-2720—� IFA I�i14)569.1099 m sts AI Juliana-HdeOLeavitt.com INOURER(9) AFFORDING COVERAGE NAICe IN RERA:Navi atOrs SiDecialtv Insurance 36056 INSURED Desmond, Marcellc & Amster, LLC 6060 Center Drive, Suite #825 Los Angeles CA 90045 INSURER B: INSURER Ct INSURER : INSURER 6: w UR F:. COVERAGES CERTIFICATE NUMBER:14-15 a & 0 REVISIONNUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. MOR TYPE OF INSURANCE OD fiUeH POLI YNUMBER POL OY EFF M I D POLI l N0 LIMITS GENERALLIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS -MADE n OCCUR I FACHOCCURRENCE $ A $ NED EXP(My one person) $ PERSONAL 6 ADV INJURY $ GENERAL AGGREGATE It GEN'LAGOREG POLICYATE LIMIT APPLIES PRO,FDT• Ll PER: LOC PRODUCTS - COfAP/OP AGG S $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS AUTOS COMBINED SINGLELIMIT Me aoddentl BODILY INJURY (Per person) $ BODILY INJURY IPereald.m) $ PROPERTY OAMA E $ $ UMBRELLA LIAS EXCESS DAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ E S WORKERS COMPENSATION ANDEMPLOYERS'LIABIUTY YIN ANY PROPRIETORIPARTNIMA XECUTIVE ❑ OFFICERIMEMBER EXCLUOED4 (Mandatoryln NH) If yes, tlesctl$e antler DESCRIPTION OPGPERATIONS W. NIA iWC9 ATU• I I OTH• E.L EACH ACCIDENT Is E.L DISEASE -EA EMPLOYE $ I E.L. DISEASE• POLICY UMIT 1 $ A 8rrors&Onlinalona/Claims Made Form IE14MPL5952011C 4/16/2014 4/16/2015 $2,000AM) eech Galml $15000 ded $2,000,WO aggregate "'` REr Operations of the named insured performed for the certificate d{`d(\ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach MORO 101, Additional Remarks Schedule, If more•pane Jere gte;';; nenio CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES SE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS. Public Works Agency, Design Engineering AUTHORIZED REPRESENTATIVE 20 Civic Center Plaza, M-36 Santa Ana, CA 92702 Gary Walla/MATURN ACORD 25 (2010105) m 1988.2010 ACORD CORPORATION. All rights reserved. INS025tomn09n1 The arngn name enH Inrvn am rnnieternA mev4e of Ar.nPn ACORD,,., CERTIFICATE OF LIABILITY INSURANCE CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, the terms and conditions of the policy, certain certificate holder in lieu of such endorsementl Leavitt Croup #OF13098 PrideMark-Everest Ins Sery Inc 1820 E, First Street, Ste 500 Santa Ana, CA 92705 kailinsu' Destttond Marcel l oW &Amster,' L 6060 Center Drive, Suite #825 Los Angeles, CA 90045 may roquiro an ondorsomont. A statement on this certificate does IdDh41a3N A a coal to the HIS IS TO CERTIFY THAT THM—L—IM OF INS RA CE I.iSTE BELO N V S E ISS D THE INSURED NAMED R H POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL 'rHE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSiy —._._. ..........._._. __' ADOUSUBR __..._____-_Pi50CY- POLICY H%P—L._.__ T.. .....__.. IIMM/DD VTR TYPE OF INSURANCE ':DIED�WVp POLICY NUMBER r MMIDOIYYYYILIMITS ��� DENEBALUABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY __ '_—^S PREMISES IEa perurronpat S I CI AIMS MAOf E -] OCCUR I MEe EXP IAny we PISMO S IPERSGNAL B AOV INJURY I LNERAL AGGREGATE S GE_HL AGGREGATE LIMIT APPLIES PER: I, 1,1 '�. PRODUCTS-COMPIOPAOG S PF20. .. AUTOMOBILE _ I LA0IUTY ---�.__ ANY AUTO GOUILY INJURY (Perpeon) IS AUTOS NEDCEDAUTIOSULED AUTOS BODILY INJURY (Per acclde0l) S NLO 'PITOPERTYpAT,AArt"'— — HIRP.DAIJTOS IAUTOS I -5 �- UMBRELLA LIAO OCCUR 1 EACH OCCURRENCE IE II' EXCESS I"CLNMS•MAOF '. AGGREGATE ,; DED I RETENTION 8 WORKERS COMPENSATION I SWP207760 0810112013'OSI0112014, X TORY IIAITSI ERRH A AND EMPLOYERS' LIABILITY ANY PROPRIETOMPARTNEWEXXECUTiVYINi j EXCLUDED% N �' -- - EL EACH ACCIDENT i$ 1000,00 I" —' OFFICERIMEMBLR ,NIA Blandmmry In RINI Li, DISEASE - EA EMPLOYEE$ 1 ODD, DO Umdescdbewder $CRIPTIONOFOrKRATIONSbelow F EL DISEASE -POLICY LIMIT S 1,000,OD I i I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (A(Umb ACORD 101, AdtlNan01 Remarks Schedule, If more space Is requlmd) E; City Contract for Appraisal Services, APPROVED AS TO FORM CFRTIFICATF HOI.DFR CGNCFi I ATIGN ASSiStaat,1 Sty AttOrne SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Santa Ana AUTHORIZED REPRESENTATIVE Dept of the Community Dev Agency 20 Civic Center Plaza M-36 Santa Ana, CA 92701 Gary Wells/SS V ivuu•zuTU AAGumu C NruKA; lurk, nMl rlgttlo roservuu. ACORD 25 (2010105) Tho ACORD name and logo are rogistered marks of ACORD A� CERTIFICATE OF LII�AxxB,,jjI��LIT�t{{FY INSURANCE 4i;i2o14THIS "Y CERTIFICATECATE IS DOES NOT AFFIRMATIVELY AS A ER OF OR NEGATIVELY AMEON 0NIf;!E1CT4�FID-('�2E tEiyiy TNO IGHTS UPON THE Tf COVERAGE AFFORDED ATE HOLDER. BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWIEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURE ,the policy(ies) must be,eONINFAd. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require OieAdorsemerd. A statert on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PROWLER Leavitt Group #OF13098 PrideMark-Everest Ins Sery Inc 1820 E. First Street, Ste 500 Santa Ana CA 92705 CONTAT Certificate Department FNONE (714)569-2720 FAX .(714)569-3099 EERISE .Juliaaa-BaeOLeavitt.com INSURERS AFFORDING COVERAGE NAma INSURER A Navigators Specialty Insurance 36056 INSURED Desmond, Marcella, & Amster, LLC 6060 Center Drive, Suite #825 'V I Los Angeles CA 90045 �f"' j� 0 I INSURER B : INSURER C: INSURER D: INSURER E: INSURER P: COVERAGES CERTIFICATE NUMBER:14-15 E & 0 REVISIONNUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILR TR TYPE OF INSURANCE A L POLICY NUMBER POLICY EFF POLICY EI(P WITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGEN D $ CLNMSWADE OCCUR MED EXP(Any me person) $ PERSONAL B ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE POLICY LIMIT APPLIES PER: PRO. JECT LOC PRODUCTS - COMPIOP AGG $ J L'. f AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT fEa accident) ANY AUTO ALL OS SCHEDULED AUTOS OS ,OWNED HIRED AUTOS TOS AU c..___..-.._ - � -'"-- r1,�. -�}! rt I ( �' •� 113'I .. BODILY INJURY (Per person) $ BODILY INJURY (Par accident) $ PROPERTY DAMAGE Paraccident $ UMBRELLA LIRE OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAR CLAIM$d E DED I I RETENTION $ WORKERS COMPENSATION WCRYLIM STATU- OTH- ER ANoEMPLOYERS. UABILdY YIN ANY PROPRIETOR)PARTNERIEXECUTIVE E.L. EACH ACCIDENT IS OFFICERIMEMBER EXCLUDED? ❑ NIA (YeMe" In NH) E.L. DISEASE -EA EMPLOYE IS E.L. DISEASE - POLICY LIMIT $ If yes, descnbe under DESCRIPTION OF OPERATIONS below A Errora&Omissions/Claims E14NPL595201IC 4/16/2014 /16/2015 S2,000,000 each claiml $1500D de Made Form S2A00.000 ag6regale DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Mach ACORD 101, AtlJdgnal RamarNL SCheUYle, II LMee Is required) RE: Operations of the named insured performed for the certificate holder. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City Of Beata Ana Public Works Agency, Design Engineering AIRHORRED REPRESENTATIVE 20 Civic Center Plaza, M-36 Santa Ana, CA 92702 Gary Wells/t4ATURN ACORD 25 (2010105) 01988.2010 ACORD CORPORATION. All rights reserved. INSn25 mmnns nl Th. ACr3Rn name and Innn rA ,enie4arod mar4s of Annon A� �'® CERTIFICATE OF LIABILITY INSURANCE 8/11/2014' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rightsto the certificate holder in lieu of such endorsement(s). PRODUCER Leavitt Ins S43rvi ass of So California #OF13098 1820 E. First Street, Ste 500 Santa Ana CA 92705 Co TACT Certificate Department NA PHONE , (714)569-2700 PAX (714)569-3099 I' E- lL INSURER: AFFORDING COVERAGE NAIC If INSURER A:Bentinel Ins Co. Ltd 11000 INSURED DESMOND MARCELLO & AMSTER,LLC 6060 CENTER DR #825 LOS ANGELES CA 90045 INSURER 8 1 ^— INSURER C; INSURER D: INSURER E INSURERP, COVERAGES CERTIFICATE NUMBERi14-15 GL-NOA-UbID REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTRTYPE OF INSURANCE U POLICY NUMBER PM ICIY EFF POLCY EXP LIMITS GENERAL LIABILITY EACH OCCURRENCE $. 1,000,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE [i]. OCCUR X Y 72SBAHI49496SC 00/15/2014 0 0/15/2015 PREMSER S (Ed Extantrance) N $ 1, 000, 000 MED EXP (My one person) ......................................... $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000, 000 GEN'L AGGREGATE LIMIT APPLIES PER; PRODUCTS-COMP/OP AGO $ 2,000,000 _--� $ POLICY PRO- LOG AUTOMOBILE LIABILITY COM(EA gBLN I. 1,000,000 BODILY INJURY (Par person) S A ANY AUTO AALLLOOS NED AUTOMUI.ED X HIRED AUTOS X AUrRDS JNED 72BEANM9QB63C 08/15/14 08/15/2015 BODILY INJURY (Per accident) $ Pata dnDAMAGE X UMBRELLA LIAs X OCCUR EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 A EXCESS LEA CLAIMS -MADE DED X RETE 10 10,00 $ 2BBANM94965C OB/IS/7.014 OnB1/15/2015 WORKERS COMPENSATION APPROVED AS FOR M WC BTATU- I I OTFb I Ts ER AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETORIPARTNEWEXECUTIVE❑ OFFICERIMEMBER EXCLUDED? (Mandatory In NH) N/A EL EACH ACCIDENT $ E.L. DISEASE EA EMPLOYE $ Ifyes.desalbeunder DESCRIPTION OF OPERATIONS below E.L. DISEASE POLICY LIMIT $ _ ..� Senior Assista❑t CityAtf rtleY AS REQUIRED BY WRITTEN CONTRACT DESCRIPTION OF OPERATIONS / LOCATIONS I VEI1ICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) RE: City Contract for Appraisal Services City of Santa Ana, its officers, employees, agents, volunteers & .representatives are additional insured as respects general liability per BS 00 08 04 05, pgs 17-20, includes primary/non-contributory wording City of Santa Ana 20 Civic Center Plaza M-25 Santa Ana, CA. 92701 ACORD 2512010105) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.. ©1988-2010 INS025,7mna5,M Th. Ar nk?n nama and Inrin ara rcni¢farad nosA. of ACr1Rn DESMOND MARCELLO & AMSTER,LLC Policy #72SBANM9496 (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 insurance; or (7) When You Add Others As An Additional Insured To This Insurance That is other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this Coverage Part: (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract, written agreement or permit that this insurance be primary. If other Insurance is also primary, we will share with all that other insurance by the method described in c. below. (b) Primary And Non -Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement or permit that this Insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (a) and (b) do not apply to other Insurance to which the additional insured has been added as an additional insured 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 Declarations 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 contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of !is applicable limit of Insurance to the total applicable limits of insurance of all insurers. 8. Transfer Of Rights Of Recovery Against Others To Us a. Transfer Of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the Insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Medical Expenses Coverage. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) When this insurance is excess, we will f the insured has waived any rights of have no du under this Coverage Part recovery against any person or g organization for all or part of any payment, defend the insured against any "suit" 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 ins lyr,1J,SLfVEBAS7.(iH( RNIagreement or permit that was executed 40 prior to the injury or damage. [FY t Form SS 00 08 04 05 Laura A. Rossini Page 17 of 24 =eniorAssistant City Attorney DESMOND MARCELLO & AMSTER, LLC BUSINESS LIABILITY COVERAGE FORM Policy #72SBANM9496 F. OPTIONAL ADDITIONAL INSURED 3. Additional Insured - Grantor Of Franchise COVERAGES WHO IS AN INSURED under Section C. is If listed or shown as applicable in the Declarations, amended to include as an additional insured one or more of the following Optional Additional the person(s) or organization(s) shown in the Insured Coverages also apply. When any of these Declarations as an Additional Insured - Optional Additional Insured Coverages apply, Grantor Of Franchise, but only with respect to Paragraph 6. (Additional Insureds When Required their liability as grantor of franchise to you. by Written Contract, Written Agreement or Permit) 4, Additional Insured - Lessor Of Leased of Section C., Who Is An Insured, does not apply Equipment to the person or organization shown in the a, WHO IS AN INSURED under Section C. is Declarations. Those coverages are subject to the amended to include as an additional terms and conditions applicable to Business insured the person(s) or orgenization(s) Liability Coverage In this policy, except as shown in the Declarations as an Additional provided below: Insured — Lessor of Leased Equipment, 1. Additional Insured - Designated Person Or but only with respect to liability for "bodily Organization injury", "property damage" or "personal WHO IS AN INSURED under Section C. is and advertising injury" caused, in whole or amended to include as an additional insured in part, by your maintenance, operation or the person(s) or organization(s) shown in the use of equipment leased to you by such Declarations, but only with respect to liability person(s) or organization(s). for "bodily injury", "property damage" or b. With respect to the insurance afforded to "personal and advertising injury" caused, in these additional insureds, this insurance whole or in part, by your acts or omissions or does not apply to any 'occurrence" which the acts or omissions of those acting on your takes place after you cease to lease that behalf: equipment. a. In the performance of your ongoing 5. Additional Insured - Owners Or Other operations; or Interests From Whom Land Has Been b. In connection with your premises owned Leased by or rented to you. a. WHO IS AN INSURED under Section C, is 2. Additional Insured - Managers Or Lessors amended to include as an additional Of Premises insured the person(s) or organization(s) shown in the Declarations as an Additional a. WHO IS AN INSURED under Section C. is Insured — Owners Or Other Interests From amended to include as an additional insured Whom Land Has Been Leased, but only the person(s) or organization(s) shown In the with respect to liability arising out of the Declarations as an Additional Insured - ownership, maintenance or use of that part Designated Person Or Organization; but only of the land leased to you and shown in the with respect to liability arising out of the Declarations. ownership, maintenance or use of that part of the premises leased to you and shown in the b . With respect to the insurance afforded to Declarations, these additional insureds, the following additional exclusions apply: b. With respect to the insurance afforded to these additional Insureds, the following This insurance does not apply to: additional exclusions apply: (1) Any 'occurrence" that takes place This insurance does not apply to: after you cease to lease that land; or (1) Any 'occurrence" which takes place (2) Structural alterations, new after you cease to be a tenant In that construction or demolition operations premises; or performed by or on behalf of such person or organization. (2) Structural alterations, new 6. Additional Insured - State Or Political construction or demolition operations Subdivision — Permits performed by or on behalf of such person or organization. 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 DESMOND MARCELLO & AMSTER, LLC Policy #72SBANM9496 BUSINESS LIABILITY COVERAGE FORM Insured — State Or Political Subdivision - (a) 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 fallowing distribution or sale of the products; additional exclusions apply: (f) Demonstration, installation, This insurance does not apply to: servicing or repair operations, (1) "Bodily injury", "'property damage" or except such operations performed the vendor's i "personal and advertising injury" at premises connection with the sale of the arising out of operations performed for product; the state or municipality; or (g) Products which; after distribution (2) "Bodily injury" or "property damage" or sale you, have been labeled included in the "product -completed or relabeled used a operations" hazard. r i container,. part or ingredient of any of 7. Additional Insured —Vendors other thing or substance by or for 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 organization(s) damage" arising out of the sole (referred to below as vendor) shown in the negligence of the vendor for its 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 Part Subparagraphs (d) or (f); or provides coverage for "bodily injury" or "property damage' included within the (if) Such inspections, "products -completed operations hazard". adjustments, tests or servicing b. The insurance afforded to the vendor is as the vendor has agreed to make or normally undertakes subject to the following additional exclusions: to make in the usual course of (1) This insurance does not apply to: business, in connection with (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 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, vendor would have in the absence accompanying or containing such of the contract or agreement; products. (b) Any express warranty 8. Additional Insured—ControllingInterest unauthorized by you; WHO IS AN INSURED under Section 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 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 SS 00 08 04 05 Page 19 of 24 BUSINESS LIABILITY 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 person(s) 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. 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, including: (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, 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 persons) or Organizatlon(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. DESMOND MARCELLO & AMSTER, LLC Policy #72SBANM9496 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. — Llability 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 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 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 SS 00 08 04 05 A & CERTIFICATE OF LIABILITY INSURANCE 7124izolA ) THIS. CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ios) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confor rights to the certificate holder In lieu of such ondorsement(s). PRODUCER Hayward Tilton & Rolapp Insurance Associates, CA Dept. of Ins, Lic. #0614365 888 S. Disneyland Dr., Ste 400 Anaheim CA 92802-1846 Sue Reams PHONE (714)905-1923 /NC �tla11(714) 905-1910 AggSES.,suer@htrinsurs. con INSURCR(S) AFFORDING COVERAGE NAICk INSURER A:Travelers Indemnity Cc of CT 25658 INSURED Mullen & Associates, Inc.. 1200 N, Jefferson Street Suite D Anaheim t'.A 92807 INSURER B:Preferred Employers Ins Co 10900 INSURERC:U S Specialty Ins Cc 29599 INSURER D: .............._._................................................_._ INSURER E _ INS RERF: -- COVERAGES CERTIFICATE NUMBER:2014 COL All Lines REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.. LIMITS SHOWN MAY HAVE BEEN REDUCED BY LTR UISRI OF INSURANCE POLICY NUMBER YPAIDCLAIM& YYMUTYPE ODY ppI��YEP M LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,.000,000 A .i COMMERCIAL GENERAL LIABILITY GtAINi$-MADE ❑X OCCUR X Y 6802D291163 07/24/2014D7/24/2015 M ach-a ce $ 300, 000 MEO EXP(An, oneperson) $ 5,000 PERSONAL a ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER; PRODUCTS COMP/OP AGO $ 2,000,000 T POLICY PRC- LOS $ AUTOMOBILE LIABILITY Ea SINe SINGLE LIMITnt)1 000,000 BODILY INJURY (Par person) $ ... A X ANY AUTO ALL OWNED AUTOSULED NON -OWNED HIRED AUTOS X AUTOS 6802D291163 07/24/201407/24/2015 c pyyy k7 b;dR02/4/2015 P4 4dEACH GOSILLY INJURY (Per accident) $ PROPERTY DAMAGE Pzr zecitlent $ UMBRELLA LIAR OCCUR i t OCCURRENCE $ AGGREGATE $ EXCESS LIAR CIAIMS-MADE / DEO RETE TON . STORC $ B WORKERS COMPENSATION AND EMPLOYERS'LIABILIY YIN ANY PROPRIETORIPARTNER/EXECUTNE❑ OFRCERIMEMBER EXCLUDED? InNH) N!A J{SSIS�.Et1t 133245-8 .LEI C'I..gX 02/4/2014(Maddatory WC STATU- GTH• E.L. EACH ACCIDENT S 1,000,000 E.L. DISEASE -EA EMPLOYE $ 1 000 000 Ifyes, describeunder OE SCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1 000 000 C Professional Liability SS1424571 01/4/2014 Each Claim. Limit W_. 2,000,000 Errors & Omissions etention : 415,000 ANEe me 1,000.,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ARach ACORD101,Addlttonal Remarks$chodule,ifmorespaceis,equlrad) City of Santa Ana,. 20 Civic Center Plaza, Santa Ana, CA 02v01, its officers, employees, agents, volunteers and representatives are named As additional insured with regard to general liability & arising from the operations and uses performed by or on behalf of the named insured.per policy form CC; D3 B1 09 07, includes Primary and Non Contributory Wording. *CANCELLATION: 10-days Notice for Non -Payment of Premium/Non-Reporting of Payroll/30 days for all other reasons. mboothe@Santa-ana.org City of Santa Ana Public Works Agency 20 Civic Center Plaza, 3r Elr, Ross Annex Santa Ana, CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSR25 mmma,m Th. Ar.nr?n names and Innn ara rcnielamd mar4e of Ar:01411 ADDITIONAL COVERAGES Ref # Description Hired/borrowed Coverage Code HRDBD Form No. Edition Date Limit 1 included Limit 2 Limit 3 Deductible Amcuni Qeductible Type Premium Ref # IDescription Non -owned Coverage Code NOWND Form No. Edition Date Limit 1 included Limit2 Limit 3 Deductible Amount Deductible Type Premium Ref# Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Qeductibls Amount Qeductible Type Premium Ref # Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Cade Form No. Edition Date Limit f Limit Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date Limit 1 Lim1t2 Limit 3 Deductiblo Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible .Amount Deductible Type Premium Ref # Description Coverage Code Form No, 715clitionDate Limit 1 Limit 2 Limii 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description - Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium _.._. of # Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Llmit3 Deductible Amount Deductible Type Premium DFAD'rLCV �+ rjRO�%�aD AS TO ,y� fight 2001, AMS Services, Inc, IS E, STC�R�K Assistant City AttorneY COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY, BLANKET ADDITIONAL INSURED (ARCHITECTS, , ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL. LIABILITY COVERAGE PART k The following is added to WHO IS AN INSURED (Section ll), ,ff .6J cairnoctior ith'prntnisgs iwnei ky or ranted ko`yout`nr c, Ipt conaoctjorl with ryour }cork' and igcludod "iitgin life, ".products-cornplatact `bparations r ... INSURANCE (Section 111) for this Coverage Part. Bn The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV}: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agmement requirlhg lnsurance". But this insur- ance still is excess over valid and collectible other Insurance, whether primary, excess, contingent or on any ether basis, that is available to the Insured when the insured is an additional insured under any other Insurance. C The hollowing is ended to Paragraph 4,jisinsfer, cif, igFtts, 1 �Lac� to C .kjgai�s�t Cithp �c Ct�Y aCOMMERCIAL,- GENF-kXL iABILIiY €fi- D06Pi,-4ection tV}:.... CG D3 at oil 07 kb 2007 The Travelers Crimpaniogsq,� Inc y g pq 0 �e I of 2 Ino6rdax the eulynrhlOd malmlal Or Iaan30A0 S81YiC2fl nfl.`a ' Eq `+,�6i ' `yyp Rf O •C SiORCK y r l fstnt `�`rd r (.nay," 1 COMMERCIAL GENERAL LIABILITY injury" or "property damage!' occurs, or the "per- sonal injury" offense is committed. 0. The following definition ts-edlded to DEFINITIONS (Section V): 'Cdniradt--or -agreemerut "requiring ,Insurance mewathait partot any comirect or agreement un derVOJI you are required tainciude a persalt or organization as an: additioriotfirisured on this Cdvi� . orage Part, provided that tires "boditY injury", and "property damage"_occurs, and the "porsona lrF fury"is caused byan;etienseoa€grafteer;- a, After you have -entered Into hate tr t.p€ reament; + h. -VOW that part of the conrat or agreement is lo, effect; and c. Before the end of the policy pe cii:L TOM CK Lisp, Attorney pssistaat tattyTtiRr/ L Page 2 of 2 as 20071 he Travelers Companies, Inc. C _ 03 01 0907 lnc(tldos-ihn copynghted mafmrtei or Insu ince Sorvtces Office. Inn . a4th its perminslon AcvrrbCERTIFICATE F LIABILITY INSURANCE D0/21I20YYYl THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN: THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Leavitt Southern California Insurance Services j#0F13098 1820 E. First Street, Ste 500 Santa Ana CA 92705 CCONTTACT Certificate Department PHONE (714)AIC 569-2773 EAArc Na: (714)559-3099 EMAIL lira-andrade@leavitt.com ADDRE. . INSURERS AFFORDING COVERAGE NAIL# INSURER A: Sentinel Ins Co, Ltd 11000 INSURED Desmond, Marcel.lo & Amster, LLC 6060Center Drive, Suite #825 Los Angeles CA. 90045 INSURER B I'NSURERC: INSURERD: INSURER E 1 INSURER,F: COVERAGES CERTIFICATE NUMBER:15-16 GL NOA UN!B REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE. OF INSURANCE ADDL I SDBR OLICY NUMBER POLICY EFF MM/DWYYYY POLICY EXP MMIDD1YYYY. LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A .'IL° COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR x 7'2SBANM9496 8../15/2015 8/15/2016 TUTF_ PREMISES 'Ea occur©nce $ 1,000,000 MED EXP IAny one person) $ 10,000 PERSONAL K ADV INJURY $ 1 , 000� , 000 GENERAL AGGREGATE $ 2,000,.000 GEN'L AGGREGATE LIMIT APPLIES PER: PRf7DUCTS - COMPfOP AGG $ 2,000,000 POLICY. PRO- X LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT' Eaaecidervt 1 000 000 BODILY INJURY QPer person) $ ...... A ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS 72SEAMM9496 8/15/2015 8/15/2016 BODILY INJURY QPer accident) $ " NON -OWNED HIRED AUTOS ' ' AUTOS PROPERTY DAMAGE Per 'ell a.enf $, X UMBRELLA LIAR 1 X 1 OCCUR, EACH OCCURRENCE $,... 1,000,000 AGGREGATE $ I , 000, 000 A EXCESS LfiAB rl CLAIMS -MADE ; $.. RETENTION$ 10,00C l72sSA1qM9496 8/15/2015 8/15/2016 WORKERS COMPENSATION AND EMPLOYERS' LIABIL.I7Y Y 1 N ANY PROPRIETORfPARTNE RfEXECUTIVE 17 OFFICERiNIEMBER EXCLUDED? N 1 A WC STATU- OTH- LIMITSTORY E E.L. EACH ACCIDENT $ E.L. DISEASE - FA EMPLOYE $ (Mandatory in NH)� If yes, describe under DESCRIPTION OF OPERATIONS below E.I-. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS 1 LOCATIONS i VEHI'CLE$ (Attach ACORD 101, Additional' Remarks Schedule, if more space is required) RE: Contract # A-201.1-069, A-2015-157' and A-2015-160 City of Santa Ana, its officers, employees, agents, volunteers & representatives are additional insured and primary & non-contributory as respects general liability per the city's form attached. (This supersedes and replaces Certificate dated, 9/9/2015),. i5( IF f f� IaY, m.... ._� / . I: LIN11L: l.::: I+ REDf A (PG I OF City of Santa Ana 20 Civic Center Plaza M-36 Santa Ana, CA 92701 UANt, t:LLA I IUN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE. Gary Wells/MAT'URN ACORD 25 (2010/05) INS025 (201005).01 O 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company Sentinel Ins Co. Ltd. This endorsement modifies such insurance as is afforded by the provisions of Policy # 72SBANM9496 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 Z7 behalf of the named insured, such insurance as is afforded by this policy is primary and is nO addifional 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 8/15/2015 this endorsement form as a part of Policy # 72SBANM9496 Issued to Desmond, Marcello & Amster, LLC Named Insured Countersigned by Authorized Representative HEVEVVED B" EWHCEZ' HEIKEDIA ,arC,c R a► CERTIFICATE OF LIABILITY INSURANCEF9,/9/2MMIDDIYYYY) D015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACTBETWEEN THE ISSUING INSURER,(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS 'WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such end'orsement(s). PRODUCER Leavitt Southern California Insurance Services #OF'13098 1820 E . First Street, Ste 500 Santa Ana CA 92705 CONTACT NAME: Dept. PHONE (714)569-2773 fFAX No: (714)569-3i799 E-MA1L lists-anClrade@7ecavltt.Coitd ADD INSURERS AFFORDING COVERAGE NAIL # TNSURERA:Technology Insurance Company 42376 INSURED Desmond, Marcello & Amster, LLC 6060 Center Drive, Suite #825 Los Angeles CA 90045 INSURER B : INSURER C: INSURERD. INSURER E: 1 INSURERF: COVERAGES CERTIFICATE NUMBER: 15-16 WC CALIF REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE, INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL, THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH', POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF M'...4NIDDIYYYY POLICY EXP MMIDDdYYYY LIMITS GENERAL LIABILITY' EACH OCCURRENCE $ CE OMIMERCIAL GENERIABILITY TO PREMIDAMASES Fa oNccu TFD r nce) $ MED EXP Any oneperson,) $ CLAIMS -MADE OCCUR '...... PERSONAL &. ADV INJURY _ $ GENERAL AGGREGATE $ GEN'L AGGREGATE: LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 17 POLICY PRO- LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident) BODILY INJURY (Per Person) $ ANY AUTO ALL OWNED SCHEDULED '.. AUTOS AUTOS 113ODILY INJURY (Per accident) $ NON -OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE Per acci,denl $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ HCLAIMS-MADE AGGREGATE. $ EXCESS LIAR '.... DED RETENTION $ S A WORKERS COMPENSATION AND EMPLOYERS* LIABILITY YIN **California** s"{ WC STATU-.... OTH- T Y I I E.L. EACH ACCIDENT $ 1,000,000 ANY PROPRIETORlPARTNERlEXECUTIVE OFFICI_RYMEMBER IEXCLiUDED? (Mandatory in NH) If yes„ describe under NIA C3467381 4/29/2015 4/29/2016 E.L. DISEASE - EA, EMPLOYE $ 11000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE - POUCY LIMIT $ 1,000,000 as required by wriiten contract DESCRIPTION OF OPERATIONS I LOCATIONS f VEHICLES (Attach ACQRD 101, Additional Remarks Schedule„ if more space is required) RE: Contract # A-2011--069, A.-2015--157 and A-2015-160 (This supersedes and replaces Certificate dated 4,/21/2015). REVIEWED BY E.U�l>1PC _r (P 0 O � City of Santa Ana 20 Civic Center Plaza M-36 Santa Ana, CA 92701 In, SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Welll.s/MATURN ACQRD 25 (201 O]/05) INS025 (2011005).01 @ 1988-2010 ACQRD CORPORATION, All rights reserved. The ACQRD name and logo are registered marks of ACQRD ACa.,.) it (CERTIFICATE OF LIABILITY INSURANCE DATE (MM1DWYYYY) 9/9/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE, POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAMECertificate Department Leavitt Southern California Insurance Services G 1 0 PHONE (714) 569-2773 are Na: (714)569-3099 E-MAILADDRESS: lira-andrade@leavitt,. com, TNSUREJSJ AFFORDING COVERAGE NAIC# 1820 E. First Street, Ste 500 INSURER A:Navi ators Specialty Insurance 36056 Santa Ana CA 92705 INSURED .INSURER&:. INSURERC: Desmond, Marcello 6 Amster, Inc, 6060 Center Drive, Suite #825 IN...SURERD:. INSURER E INSURER F Los Angeles CA 90045 COVERAGES CERTIFICATE NUMBER:15-16 E & O REVISION NUMBER - THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN' THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, FXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE, ADDL. SUER POLICY NUMBER POLICY EFF MMIDDIYYYY) POLICY EXP (MMIDWYYYY1 LIMITS GENERAL. LIABILITY EACH OCCURRENCE $ 2, 0100, 000 A LIABILITYCOMMERCIAL X CLAIMS -MADE 0OCCUR LA15HPL595201IC 4/16/2015 4/16/2016 DA N,..D PREMISES 'Ea occurrence $ MEDEXP(Any one person) $ PERSONAL & ADV INJURY $ X; Professional Sery Liab GENERAL AGGREGATE $...... 2,000,000 CLA3MS MADE FOAM GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - C7M'P1OP AGG ''.... POLICY I I PRC- LOG $.... AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea acdden.. ' BODILY INJURY (Per person) $.... ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $...... HIRED AUTOS NON-CVVNIED AUTOS PROPERTY DAMAGE, .Peaccident $.. UMBRELLA,LIAB OCCUR EACH OCCURRENCE AGGREGATE.... '$ EXCESS LIAR CLAIMS -MADE DIED RETENTION $ $ WORKERS COMPENSATION NC STATU.-. OTH- AND EMPLOYERS' LIABILITY YIN T R MIER E1, EACH ACCIDENT $ ANY PROPRIETOWPARTNERIEXECUTIVE ❑ OFFICEPJMEMBER EXCLUDED?' N I A E.L. DISEASE - EA.. EMPLOYE $ (Mandatory in NH) IF yes, describe under E.L. DISEASE -POLICY LIMIT DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) RE: Contract # A-2011-069, A-2015-157 and A--2015-160 (This supersedes and replaces Cartif'iCate dated 4/21/2015),. RI...VH--VVl__u...b BY41" ° f I IJf IIC,;; FII) f_ Cmil c:: ' (°cF NI __� _..,,,(......... _ 2.w_ l.Gr, 1 lrium I C MULUMM City of Santa Ana Public (~Yorks Agency, (Design Engineering 20 Civic Center plaza, M-36 Santa Aria, CA 92702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Gary Wells/MATURrI AGORD 25 (2010/05) INS025I201005).01 @ 1988.20110 ACORD CORPORATION, All rights reserved. The ACORD name and logo are registered marks of ACORD A� " CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/M 4/1/2016 Y' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Leavitt Southern California Insurance Services #OF13098 1820 E. First Street, Ste 500 Santa Ana CA 92705 CONTACT Mar Turner NAME' y PHONE (714)569-2700 FAQ a.(714)569-3099 E-MAIL com INSURERS AFFORDING COVERAGE NAIC# INSURER A-Navi ators Specialty Insurance 36056 INSURED Desmond, Marcella & Amster, Inc. 6060 Center Drive, Suite #825 Los Angeles CA 90045 INSURER B : INSURERC: INSURERD: INSURER E : INSURERF: cnVFRAGFS CERTIFICATE NUMBER:2016 E&O REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR OF INSURANCE ADDTYPE MR SU D POLICY NUMBER POLICY YYY MMIDDYYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $__ COMMERCIAL GENERAL LIABILITY DAMAGE PREMISES IEa occurrence $ MED EXP (Any one person) $ CLAIMS -MADE OCCUR PERSONAL& ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS • COMP/OP AGG $ $ POLICY PRO LOC AUTOMOBILE LIABILITY A COMBINED SINGLE LIMIT Ea accident _ BODILY INJURY (Per person) $ ANY AUTO BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE Per accident $ UMBRELLA LIAB HOCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ WORKERS COMPENSATION WC STATU• OTH- AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE � OFFICEMMEMBER EXCLUDED? (Mandatory In NH) N /A E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE -POLICY LIMIT $ If yes, describe under DESCRIPTION OF OPERATIONS below A Errors & Omissions 4/16/2016 4/16/2017 Each Claim $2,000,000 Claims Made - $15000 Dedte L16MP159520lic 4/01/1991 Aggregate $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) RE: Contract # A-2011-069, A-2015-157 and A-2015-160 p ✓_ /� ElANICE FEREDIA (PG 1OF) City of Santa Ana Public Works Agency, Design Engineering 20 Civic Center Plaza, M-36 Santa Ana, CA 92702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE wells/JVBAE ACORD 25 (2010/05) (W 19tttl-ZUI U ACUKL) L;UKI''UKA I IUN. Ali rignts reservea. INS11125 /9n1nn.m n1 The AC()Rr1 nmmn nnrl Innn nra rani*fnrarl mnrlra nr Ar..ni?r) AC40RDr CERTIFICATE OF LIABILITY INSURANCE DAll('MI-INYYY) 4/18/2016 THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement, A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Leavitt Southern California Insurance Services #OF13098 1820 E. First Street, Ste 500 Santa Ana CA 92705 CONTACT NAME: dept. acNN (714)569-2700 FAX AfC No: (714)569-3099 &MAIL AODRess: INSURERS AFFORDING COVERAGE NAIC11 INSURER A:Technology Insurance Company 042376 INSURED INSURER B Desmond, Marcello & Amster, LLC INSURERC: 6060 Center Drive, Suite #825 INSURERD: INSURER E : Los Angeles CA 90045 INSURERF: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR 01-HER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE AbDL 8R POLICY NUMBER MMIDICY EFF POLICYYYPDIYYYY LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS-MADE71 OCCUR EACH OCCURRENCE $ A AGE TO RENTED PREMISES {Ea occurrence $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ AGGREGATE LIMIT APPLIES PER: POLICY PRO- OLOC GENERAL AGGREGATE $ GEN'L PRODUCTS - COMP/OP AGG $ $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ NON -OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE Per accident $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS -MADE AGGREGATE $ DED I I RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBEREXCLUDED? (Mandatory In NH) If yes,describeunder DESCRIPTION OE OPERATIONS below NIA TWC3539456 4/29/2016 4/29/2017 I PER OTH- STATUTE ER E.L.EACH ACCIDENT $ 110 00,000 E,L. DISEASE -EA EMPLOYE ______,__ $ _ 1�,000,,000 E.L. DISEASE . POLICY LIMIT $ 1 000 DOD DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) RE: Contract # A-2011-069, A-2015-157 and A-2015-160. r � ` REVIEWED BY: r EUNICE HEREDIA (PG /OF ) City of Santa Ana 20 Civic Center Plaza M-36 Santa Ana, CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Gary Wells/MATURN ©1988-2014 ACORD CORPORATION. All rights reserved- AUUKLI Z5 (ZU94/U1) The ACORD name and logo are registered marks of ACORD INS025 (201401) ACC7►RLDr CERTIFICATE IFICATE OF LIABILITY Y INSURANCE T\6 �...--' ATE 6 2 8 /D/28/ 2 01IDD/Y 6 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Leavitt Southern California Insurance Services #OF13098 1820 E. First Street, Ste 500 Santa Ana CA 92705 CONTACT Mar Turner NAME: Y PHONE (714) 569-2700 FAC No: (714)569-3099 ADDRESS: Juliana-bae@leavitt. com INSURERS AFFORDING COVERAGE NAIC# INSURERA:Sentinel Ins Co. Ltd 11000 INSURED Desmond, Marcello & Amster, LLC 6060 Center Drive, Suite #825 Los Angeles CA 90045 INSURER B : INSURERC: INSURERD: INSURER E : INSURERF: COVERAGES CERTIFICATE NUMRFR2016 GL-Auto-Umb RFVISInrJ NI IMRPR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR I TYPE OF INSURANCE ADDL INSR 5 BR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DDIYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A COMMERCIAL GENERAL LIABILITY CLAIMS -MADE [XIOCCUR N21 X 2SBANM9496SC 8/15/2016 8/15/2017 DAMAGE PREMISES (Es occurrence} $ 1,000,000 MEDEXP(Anyoneperson) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $ 2,000,000 RO LOC X POLICY PIFC $ AUTOMOBILE LIABILITY DI SINGLE LIMIT E accident, 1,000,000 BODILY INJURY (Per person) $ A ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS 72SRANM9496SC 8/15/2016 8/15/2017 BODILY INJURY (Per accident) $ X HIRED AUTOS x NON -OWNED AUTOS PROPERTY DAMAGE Per accident $ $ X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 A EXCESS LIAB CLAIMS -MADE DED I X I RETENTIONS 10,00C $ u I 172SBANM9496SC 8/15/2016 8/15/2017 WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED?- N / A E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYE _$ ----- $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) RE: Contract # A-2011-069, A-2015-157 and A-2015-160. City of Santa Ana, its officers, employees, agents, volunteers & representatives are additional insured and primary & non-contributory as respects general liability per the city's form attached. / _ _ __.._ _.___._.. REV E'bVEU BY.' Llr E,tftCE 6 ERE D. A (P( O ) — ___e CERTIFICATE HOLDER CANCFI_LATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Aria ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza AUTHORIZED REPRESENTATIVE M-3 6 Santa Ana, CA 92701 Gary Wells/JUiBAErr'� ACORD 25 (2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INS095 r,)ninnsl ni Th. ACf111711 name ­1 11— am —ic4—A —1— rrf Arripn ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company _Sentinel Ins Co. Ltd. This endorsement modifies such insurance as is afforded by the provisions of Policy # _72SBAN.M9496SC 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 _8/15/2016 , this endorsement form as a part of Policy # 72SBANM9496SC Issued to _Desmond Marcello & Amster LLC Named Insured _ Countersigned by ? 01 Authorized Representative f_.....� 4 /FB °� k r _. F tlD@�1 C ��k FCC &F (I't )f d /4��Rr 7 0 `CO CERTIFICATE ®F LIABILITY INSURANCE DATE (MMIDDIYYYY) 5/22/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER LT$$C Insurance $erV] oeS #OF13098 1820 E . First Street, Ste 500 Santa Ana CA 92705 COAME: TACT Jeanette Mueller N PHONE (714) 569-2700 (AICNo pIC (714)569-3099 E•MAL ODRE S: Jeanette.mueller@hubinternational,com INSURERS AFFORDING COVERAGE NAIC # INSURER A:Technology Insurance Company 042376 INSURED Desmond, Marcello & Amster, LLC 6060 Center Drive, Suite #825 Los Angeles CA 90045 INSURER B : INSURERC: INSURERD: INSURER E : INSURERF: COVERAGES CERTIFICATE NUMBER:2017 WC REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INAR S BR WVQ POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MMIDDIYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY _ D A END PREMISES Ea occurrence $ CLAIMS -MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGO $ POLICY PRO- LOC $ AUTOMOBILE LIABILITY OMBIN D SINGLE LIMIT Ea accident BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ HIRT DSAUTOS NON OWNED AUTOS UMBRELLA LIAR OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) NIA WC3619792 4/29/2017 9/29/2018 X WC STATU• OTH- E.L. EACH ACCIDENT $ 1,000,000 E,L.DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, it more space is required) RE: Contract # A-2011-069, A-2015-157 and A-2015-160. REVIEWED BY: EUNICE HEREDIA (PG f OF 0 L:tK I It-IL+A It HULUtK L:ANL:tLLA I IUN City of Santa Ana 20 Civic Center Plaza M-36 Santa Ana, CA 92701 ORD 25 (2010/05) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE s Monahan/JUBAE O 1988-2010 ACORD CORPORATION. All rights reserved, INS(1125 r7n1nnfil n1 Tha Ar`.r)Pr) name nnrl Innn nra ranletararl mark¢ of ArOPr) CO ff CERTIFICATE OF LIABILITY INSURANCE �.--' D JDDIYYYY) s/2/2/2/2o17 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT; If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the Certificate holder In lieu of such endorsement(a). PRODUCER LISSC Insurance Services DF1 3098 1B20 E. First Street, Ste 500 Santa Ana CA 92705 CONTACT 7eanette Mueller NAME: PHONE (714) 569-2700 All No: (714)569 3099 ADDRESS: a eanet:t:e . mueller@ hubinternational . com INSURERS AFFORDING COVERAGE NAIG0 INSURERA:Sentinel Ins Co. Ltd 11000 INSURED Desmond, Marcello & Amster, LLC 6060 Center Drive, Suite #825 Los Angeles CA 90045 INSURER B INSURERC., INSURER D: INSURER E ; INSURERF: COVERAGES CERTIFICATE NUMBER:2017 GL-Au-limb REVISION NUMBER. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION Or ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR I TYPE OF INSURANCE DO S BR POLICYNUMBER POLICYEPF MMIDDIYYYY POLICY EXP MIDD LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY CIAIMS-MADE OCCUR X 72SBANM9496SC 8/15/2017 8/15/2018 DAMAGE TO RENTED PRE I ES Eaoccurrenoe $ 1,000,000 MED EXP (Any one person) $ 10,000 PERSONAL& ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER; _x1 PRODUCTS - COMPIOP AGG $ 2,000,000 POLICY PRO- JEOT ID LOC $ AUTOMOBILE LIABILITY Eaaccident IMIT 1,000,000 BODILY INJURY (Per person) $ A ANY AUTO AALL UTOS OWNED SCHEDULED AUTOX HIRED AUTOS X NON -OWNED AUTOS 72SBR+NM9496SC B/15/2017 B/15/2018 BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accidant X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 1, 000, 000 AGGREGATE $ 1,000,000 A EXCESS L1AB FI CLAIMS -MADE DEO I X I RETENTI N$ 10,00 $ 72SBANM9496SC 8/15/2017 8/15/2018 WORKERS COMPENSATION WC STATU- I OTH- AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE F OFFICERIMEMBER EXCLUDED? (Mandatory In NH) If es, decodbe under DESCRIPTION OF OPERATIONS below NIA TORY LIMITS H.L. EACH ACCIDENT $ E.L. DISEASE • EA EMPLOYE — $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) 1RZ: Contract # A-2011-069, A-2015-157 and A-2015-160. City of Santa Ana, its officers, employees, agents, volunteers & representatives are additional insureds with respect to general liabilit per SS0008 O405, pg 17-20, includes primary/non-contributory. CREVIEWED BY: EUNICE HEREDIA (PG J OF5 ) City of Santa Ana 20 Civic Center Plaza M-36 Santa Ana, CA 92701 ACORD 25 (2010105) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATIVE Monahan/i7TIBALn O TION. All riahts resnrured INS(12519n1nntilm1 Tha Af`(*tpn nnma anti Innn ara ranlafaratl mnrka of At'nP 1 DESMOND MARCELLO & AMSTER,LLC Policy #72SBANM9495SC (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 insurance; or (7) When You Add Others As An Additional Insured To This Insurance That is other insurance available to an additional Insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this Coverage Part: (a) Primary insurance When Required By Contract This insurance is primary if you have agreed in a written contract, written agreement or permit that this insurance be primary. If other Insurance Is also primary, we will share with all that other insurance by the method described in c. below. (b) Primary And Non -Contributory To Other Insurance When Required By•Contract If you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (a) and (b) do not apply to other Insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty under this Coverage Part to defend the Insured against any "suit" if any other insurer has a duty to defend the insured against that "suit", If no other Insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. 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 Declarations 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 contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. B. 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 executed prior to the injury or damage. Form SS 00 08 04 05 Page 17 of 24 REVIEWED BY- UNICE HEREDIA (PG OF6 ) DESMOND MARCELLO & AMSTER, LLC BUSINESS LIABILITY COVERAGE FORM Policy #72SBANM94968C F. OPTIONAL ADDITIONAL INSURED 3. Additional Insured - Grantor Of Franchise COVERAGES WHO IS AN INSURED under Section C. is If listed or shown as applicable in the Declarations, amended to include as an additional insured one or more of the following Optional Additional the person(s) or organization.(s) shown in the Insured Coverages also apply, When any of these Declarations as an Additional Insured - Optional Additional Insured Coverages apply, Grantor Of Franchise, but only with respect to Paragraph 6. (Additional Insureds When Required their liability as grantor of franchise to you, by Written Contract, Written Agreement or Permit) 4. Additional Insured - Lessor Of Leased of Section C., Who Is An Insured, does not apply Equipment to the ,person or organization shown in the a. WHO IS AN INSURED under Section C. is Declarations, These coverages are subject to the amended to include as an additional terms and conditions applicable to Business insured the person(s) or organization(s) Liability Coverage in this policy, except as shown in the Declarations as an Additional provided below: Insured — Lessor of Leased Equipment, 1. Additional Insured - Designated Person Or but only with respect to liability for "bodily Organization injury", "property damage" or "personal WHO IS AN INSURED under Section C. is and advertising injury" caused, in whole or amended to include as an additional insured in part, by your maintenance, operation or the person(s) or organization(s) shown in the use of equipment leased to you by such Declarations, but only with respect to liability person(s) or organization(s), for "bodily injury", "property damage" or b. With respect to the insurance afforded to "personal and advertising injury" caused, in these additional insureds, this insurance whole or in part, by your acts or omissions or does not apply to any 'occurrence" which the acts or omissions of those acting on your takes place after you cease to lease that behalf: equipment. a. In the performance of your ongoing 5, Additional Insured - Owners Or Other operations; or Interests From Whom Land Has Been b. In connection with your premises owned Leased by or rented to you. a. WHO IS AN INSURED under Section C. is 2. Additional Insured - Managers Or Lessors amended to include as an additional Of Premises insured the person(s) or organization(s) shown in the Declarations as an Additional a. WHO iS AN INSURED under Section C. is Insured — Owners Or Other Interests From amended to include as an additional insured Whom Land Has Been Leased, but only the person(s) or organization(s) shown in the with respect to liability arising out of the Declarations as an Additional Insured - ownership, maintenance or use of that part Designated Person Or Organization; but only of the land leased to you and shown in the with respect to liability arising out of the Declarations. ownership, maintenance or use of that part of the premises leased to you and shown in the b. With respect to the insurance afforded to these additional insureds, the following g additional exclusions apply: b. With respect to the insurance afforded to these additional insureds, the following This Insurance does not apply to: additional exclusions apply: (1) Any 'occurrence" that takes place This Insurance does not apply to: after you cease to lease that land; or (1) Any 'occurrence" which takes place (2) Structural alterations, new after you cease to be a tenant in that construction or demolition operations premises; or performed by or on behalf of such person or organization. (2) Structural alterations, new construction or demolition operations 6. Additional Insured - State Or Political performed by or on behalf of such Subdivision — Permits person or organization. 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 REVIEWED BY: EUNICE HEREDIA (rG�yoRj ) DESMOND MARCELLO & AMSTER, LLC Policy ##72SSANM9496SC 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 not apply to: servicing or repair operations, „ „ (1) Bodily injury", property damage or except such operations performed "personal and advertising injury" at the vendor's premises in arising out of operations performed for connection with the sale of the the state or municipality; or product; (2) "Bodily injury" or "property damage" (g) Products which, after distribution „ included in the product -completed or sale by you, have been labeled operations" hazard. or relabeled or used as a container, part or ingredient of any 7. Additional Insured —Vendors other thing or substance by or for 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 organization(s) damage" arising out of the sole (referred to below as vendor) shown in the negligence of the vendor for its 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 Part Subparagraphs (d) or (f); or provides coverage for bodily injury or "property damage" included within the (ill) Such inspections, "products -completed operations hazard". adjustments, tests or servicing bThe insurance afforded to the vendor is as the vendor has agreed to. make or normally undertakes subject to the fallowing additional exclusions: to make in the usual course of (1) This insurance does not apply to: business, in connection with (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 reason of the assumption of insured person or organization from liability In a contractor 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, 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; WHO IS AN INSURED under Section 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 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 SS 00 08 04 05 Rage 18 of 24 REVIEWED BY: EUNICE HEREDIA (PGq orr�, ) BUSINESS LIABILITY COVERAGE FORM DESMOND MARCELLO & AMSTER, LLCPolicy #72SBANM9496SC 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 person(s) 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. 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, including: (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, 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 person(s) or Organizations) 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. 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 to the actual or alleged properties of asbestos and includes the more 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 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 SS 00 08 04 05 REVIEWED BY: EUNICE HEREDIA (nG5or5 UE51VIMAR-Ul JBA DATE 04126120/8 04J2512018 ACORL7` CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License # 0767776 c Tncr Jeanette Mueller HUB International Insurance Services Inc. 1820 East First Street Suite 600 PHONE Fax (AIC, No, Ext : (714) 669-2740 1993 Atc, No : 714) 784-1556 E . jeanette.mueller@hubinternational.com Santa Ana, CA 92705 INSURERS AFFORDING COVERAGE NAIC 4 INSURER A : Navigators Specialty Insurance Company 36066 INSURED INSURER B : INSURER C : Desmond, Marcello & Amster, LLC 6060 Center Drive, Suite #826 Los Angeles, CA 90046 INSURER D : INSURER E INSURER F CrAVFRAI:FR ftGRTICICATP rdIIIUR¢D• none-rnu r.n ���ee r•r�. THIS IS TO CERTIFY THAT THE POLICIES OK INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, ILTR NSR ADDLSUBRTYPE OF INSURANCE INSD WVD POLICY NUMBER POI ICY EFF POLICY EXP LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR EACH OCCURRENCE DAMAGE TO RENTED PREMISES Ea occurrence $ MED EXP (Any one efson $ PERSONAL & ADV INJURY GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ❑ J LOC GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG S OTHER: AUTOMOBILE LIABILITY COa eaa deDISINGLE LIMIT $ BODILY INJURY Parperson)$ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BOORDILY INJURY Per accident pp AUTOS ONLY A�TOS OlY PPe�accRdent AMAGE $ $ UMBRELLA LIAB HCLAIMS-MADE OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAR DED I I RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYPRO/MEMBO�RRIEACTNERI ECUTIVE ❑ NIA PER OTH- STATUTE I I ER E,L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ (Mandatory In NH) If yes, dascliIn under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT A E&O - Claims Made CEI BMPL6962011C 04/16/2018 04/1612019 Each Claim 2,000,000 A Retro 4101191 CE18MPL6962011C 04/16/2018 04/16/2019 Aggregate 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) RE: Contract # A-2011.069, A-2015-167 and A-2015-160 REVIEWED BY: EUNICE HEREDIA (PG OF I j CERTIFICATE HOLDER r.AnIr..FI I ATInn1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Public Works Agency, Design Engineering ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza, M-36 AUTHORIZED REPRSENTATIVE Santa Ana, CA 92702 4A4A"*'— ACORD 25 (2016103) ©1988.2016 ACORD CORPORATION. All rights reserved, The ACORD name and logo are registered marks of ACORD DESMMAR-01 JBAE ACORO' DATE (MMIDDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 6/13/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER License # 0757776 c NTACT Juliana Bae, CISR HUB International Insurance Services Inc. HONK 4695 MacArthur Court, Suite 600 , Ext: 714 FOX 569-2720 3817 ,Hc; 71.4 784-3999 Newport Beach, CA 92660 - Nkss,jull&na.bae@Jhubinternational.com INSURED Desmond, Marcello & Amster, LLC 6060 Center Drive, Suite #825 Los Angeles, CA 90045 INSURER F : Ltd 42376 36056 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. JSR TYPE OF INSURANCE ADDL BURR POLICY NUMBER POLICY EFF POLICY EXP LIMITS .TRMMIDOMMI A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE ❑X OCCUR X 72SBANM9496 8/15/2018 8/15/2019 DAMAGE oRENTED $ 1,000,000 MED EXP (Any one erson $ 10,000 PERSONAL& ADV INJURY S. 1,000,000 GEN'L A66REGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 AIPOLICY l PE LOC PRODUCTS - COMP P AGG ,� 2,000,000 A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1 �000�000 ANY AUTO 72SBANM9496 8/15/2018 8/15/2019 BODILY INJURY (Per,person) OWNED SCHEDULED AUTOS ONLY AUTOS BODILY 1N URY er acciden UTSONaaden) AMAGEX HIRED ONLY NON-OWNED ONLY Prr (t A X UMBRELLA EXCESS LIAB X OCCUR CLAIMS -MADE 72SBANM9496 T, WC3781224 8/15/2018 8/15/2019 EACHOCCU CE_ $ 1,000, GGREG 1,000, DED I X RETENTION $ 10,000 B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y 1 N OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under E JPTION OF OPERATIONS below N / A 4/29/2019 4/29/2020 4/16/2019 4/16/2020 4/16/2019 4/16/2020 X PERTUTE OTH- E.L. EACH ACCIDENT 1,000 E.LDISEASE -FAEMP OYES _$ _ $ 1,000, E.L. DISEASE - POLICY LIMIT 1,000, C C E&O - Claims Made Retro Date 4l1/91 CE19MPL5952011C CE19MPL5952011C lEach Claim ,Aggregate 2,000, 2,000, DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES IlACORD 101. Additlonal Remarks Schedule, may he attached If more space Is required) ?E: Contract # A-2011-069, A-2015.157 and A-2015-1160- City of Santa Ana, Its officers, employees, agents, volunteers & representatives are additional nsureds with respect to general liability per SS0008 04 05. pg 17j20, includes primary/non-contributory. Revises certificate issued 4112119. �R'E %WEA : City of Santa Ana Risk Management Division 20 Civic Center Plaza Santa Ana, CA 92702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD BUSINESS LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we", "us" and "our" refer to the stock insurance company member of The Hartford providing this insurance. The word "insured" means any person or organization qualifying as such under Section C. - Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section G. - Liability And Medical Expenses Definitions. A. COVERAGES 1. BUSINESS LIABILITY COVERAGE (BODILY INJURY, PROPERTY DAMAGE, PERSONAL AND ADVERTISING INJURY) Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "bodily injury", "property damage" or "personal and advertising injury" to which this insurance does not apply. We may, at our discretion, investigate any "occurrence" or offense and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section D. - Liability And Medical Expenses Limits Of Insurance; and (2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments, settlements or medical expenses to which this insurance applies. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Coverage Extension - Supplementary Payments. b. This insurance applies: (1) To "bodily injury" and "property damage" only if: (a) The "bodily injury" or "property damage" is caused by an "occurrence" that takes place in the "coverage territory"; (b) The "bodily injury" or "property damage" occurs during the policy period; and (c) Prior to the policy period, no insured listed under Paragraph 1. of Section C. — Who Is An Insured and no "employee" authorized by you to give or receive notice of an "occurrence" or claim, knew that the "bodily injury" or "property damage" had occurred, in whole or in part. If such a listed insured or authorized "employee" knew, prior to the policy period, that the "bodily injury" or "property damage" occurred, then any continuation, change or resumption of such "bodily injury" or "property damage" during or after the policy period will be deemed to have been known prior to the policy period. (2) To "personal and advertising injury" caused by an offense arising out of your business, but only if the offense was committed in the "coverage territory" during the policy period. c. "Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section C. — Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim: Form SS 00 08 04 05 © 2005, The Hartford (1) Reports all, or any part, of the "bodily injury" or "property damage" to us or any other insurer; �n Page 1 of 24 BUSINESS LIABILITY COVERAGE FORM (2) Receives a written or verbal demand or claim for damages because of the "bodily injury" or "property damage'; or (3) Becomes aware by any other means that "bodily injury" or "property damage" has occurred or has begun to occur. d. Damages because of "bodily injury" include damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily injury". e. Incidental Medical Malpractice (1) "Bodily injury" arising out of the rendering of or failure to render professional health care services as a physician, dentist, nurse, emergency medical technician or paramedic shall be deemed to be caused by an "occurrence", but only if: (a) The physician, dentist, nurse, emergency medical technician or paramedic is employed by you to provide such services; and (b) You are not engaged in the business or occupation of providing such services. (2) For the purpose of determining the limits of insurance for incidental medical malpractice, any act or omission together with all related acts or omissions in the furnishing of these services to any one person will be considered one "occurrence". 2. MEDICAL EXPENSES Insuring Agreement a. We will pay medical expenses as described below for "bodily injury" caused by an accident: (1) On premises you own or rent; (2) On ways next to premises you own or rent; or (3) Because of your operations; provided that: (1) The accident takes place in the "coverage territory" and during the policy period; (2) The expenses are incurred and reported to us within three years of the date of the accident; and (3) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. Page 2 of 24 b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for: (1) First aid administered at the time of an accident; (2) Necessary medical, surgical, x-ray and dental services, including prosthetic devices; and (3) Necessary ambulance, hospital, professional nursing and funeral services. 3. COVERAGE EXTENSION - SUPPLEMENTARY PAYMENTS a. We will pay, with respect to any claim or "suit" we investigate or settle, or any "suit" against an insured we defend: (1) All expenses we incur. (2) Up to $1,000 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which Business Liability Coverage for "bodily injury" applies. We do not have to furnish these bonds. (3) The cost of appeal bonds or bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. (5) All costs taxed against the insured in the "suit". (6) Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. (7) All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. Any amounts paid under (1) through (7) above will not reduce the limits of insurance. I h �aq4q Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM b. If we defend an insured against a "suit" and an indemnitee of the insured is also named as a party to the "suit", we will defend that indemnitee if all of the following conditions are met: (1) The "suit" against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an "insured contract"; (2) This insurance applies to such liability assumed by the insured; (3) The obligation to defend, or the cost of the defense of, that indemnitee, has also been assumed by the insured in the same "insured contract"; (4) The allegations in the "suit" and the information we know about the "occurrence" are such that no conflict appears to exist between the interests of the insured and the interest of the indemnitee; (5) The indemnitee and the insured ask us to conduct and control the defense B of that indemnitee against such "suit" and agree that we can assign the same counsel to defend the insured and the indemnitee; and (6) The indemnitee: (a) Agrees in writing to: (i) Cooperate with us in the investigation, settlement or defense of the "suit"; (ii) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the "suit"; (ill) Notify any other insurer whose coverage is available to the indemnitee; and (iv) Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and (b) Provides us with written authorization to: (1) Obtain records and other information related to the "suit"; and (ii) Conduct and control the defense of the indemnitee in such "suit". Form SS 00 08 04 05 So long as the above conditions are met, attorneys' fees incurred by us in the defense of that indemnitee, necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 1.b.(b) of Section B. — Exclusions, such payments will not be deemed to be damages for "bodily injury" and "property damage" and will not reduce the Limits of Insurance. Our obligation to defend an insured's indemnitee and to pay for attorneys' fees and necessary litigation expenses as Supplementary Payments ends when: (1) We have used up the applicable limit of insurance in the payment of judgments or settlements; or (2) The conditions set forth above, or the terms of the agreement described in Paragraph (6) above, are no longer met. EXCLUSIONS 1. Applicable To Business Liability Coverage This insurance does not apply to: a. Expected Or Intended Injury (1) "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property; or (2) "Personal and advertising injury" arising out of an offense committed by, at the direction of or with the consent or acquiescence of the insured with the expectation of inflicting "personal and advertising injury". b. Contractual Liability (1) "Bodily injury" or "property damage"; or (2) "Personal and advertising injury" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages because of: (a) "Bodily injury", "property damage" or "personal and advertising injury" that the insured would have in the absence of the contract or agreement; or wq qq Page 3 of 24 BUSINESS LIABILITY COVERAGE FORM (b) "Bodily injury" or "property damage" (b) Performing duties related to the assumed in a contract or agreement conduct of the insured's business, or that is an "insured contract", (2) The spouse, child, parent, brother or provided the "bodily injury" or sister of that "employee" as a "property damage" occurs consequence of (1) above. subsequent to the execution of the This exclusion applies: contract or agreement. Solely for the purpose of liability assumed in (1) Whether the insured may be liable as an "insured contract", reasonable an employer or in any other capacity; attorneys' fees and necessary and litigation expenses incurred by or for (2) To any obligation to share damages a party other than an insured are with or repay someone else who must deemed to be damages because of pay damages because of the injury. "bodily injury" or "property damage" This exclusion does not apply to liability provided: assumed by the insured under an "insured (i) Liability to such party for, or for contract". the cost of, that parry's defense f. Pollution has also been assumed in the "insured (1) "Bodily injury", "property damage" or same contract", and "personal and advertising injury" (ii) Such attorneys' fees and arising out of the actual, alleged or litigation expenses are for threatened discharge, dispersal, defense of that party against a seepage, migration, release or escape civil or alternative dispute of "pollutants": resolution proceeding in which (a) At or from any premises, site or damages to which this insurance applies are alleged. i location which is or was at any time owned or occupied by, or c. Liquor Liability rented or loaned to any insured. "Bodily injury" or "property damage" for However, this subparagraph does which any insured may be held liable by not apply to: reason of: (1) "Bodily injury" if sustained within (1) Causing or contributing to the a building and caused by intoxication of any person; smoke, fumes, vapor or soot (2) The furnishing of alcoholic beverages to produced by or originating from a person under the legal drinking age or equipment that is used to heat, under the influence of alcohol; or cool or dehumidify the building, or equipment that is used to (3) Any statute, ordinance or regulation heat water for personal use, by relating to the sale, gift, distribution or the building's occupants or their use of alcoholic beverages. guests; This exclusion applies only if you are in the (ii) Bodily injury" or property business of manufacturing, distributing, damage" for which you may be selling, serving or furnishing alcoholic held liable, if you are a beverages. contractor and the owner or d. Workers' Compensation And Similar lessee of such premises, site or Laws location has been added to your Any obligation of the insured under a policy as an additional insured workers' compensation, disability benefits with respect to your ongoing or unemployment compensation law or operations performed for that any similar law. additional insured at that e. Employer's Liability premises, site or location and "Bodily injury" to: such premises, site or location is not and never was owned or (1) An "employee" of the insured arising occupied by, or rented or out of and in the course of: loaned to, any insured, other (a) Employment by the insured; or Athan that additional insured; or (A, Page 4 of 24 V1 N 6 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (iii) "Bodily injury" or "property released as part of the damage" arising out of heat, operations being performed smoke or fumes from a by such insured, contractor or "hostile fire"; subcontractor; (b) At or from any premises, site or (ii) "Bodily injury" or "property location which is or was at any damage" sustained within a time used by or for any insured or building and caused by the others for the handling, storage, release of gases, fumes or disposal, processing or treatment vapors from materials brought of waste; into that building in connection (c) Which are or were at any time with operations being performed transported, handled, stored, by you or on your behalf by a treated, disposed of, or processed contractor or subcontractor; or as waste by or for: (ill) "Bodily injury" or "property (1) Any insured; or damage" arising out of heat, smoke or fumes from a (ii) Any person or organization for re fire hostile , or whom you may be legally responsible; (e) At or from any premises, site or location on which any insured or any (d) At or from any premises, site or contractors or subcontractors location on which any insured or working directly or indirectly on any any contractors or subcontractors insured's behalf are performing working directly or indirectly on operations if the operations are to any insured's behalf are test for, monitor, clean up, remove, performing operations if the contain, treat, detoxify or neutralize, "pollutants" are brought on or to or in any way respond to, or assess the premises, site or location in the effects of, "pollutants". connection with such operations by such insured, contractor or (2) Any loss, cost or expense arising out subcontractor. However, this of any: subparagraph does not apply to: (a) Request, demand, order or statutory (i) "Bodily injury" or "property or regulatory requirement that any damage" arising out of the insured or others test for, monitor, escape of fuels, lubricants or clean up, remove, contain, treat, other operating fluids which are detoxify or neutralize, or in any way needed to perform the normal respond to, or assess the effects of, electrical, hydraulic or "pollutants"; or mechanical functions (b) Claim or suit by or on behalf of a necessary for the operation of governmental authority for "mobile equipment" or its parts, damages because of testing for, if such fuels, lubricants or other monitoring, cleaning up, removing, operating fluids escape from a containing, treating, detoxifying or vehicle part designed to hold, neutralizing, or in any way store or receive them. This responding to, or assessing the exception does not apply if the effects of, "pollutants". "bodily injury" or "property However, this paragraph does not damage" arises out of the apply to liability for damages because intentional discharge, dispersal of "property damage" that the insured or release of the fuels, would have in the absence of such lubricants or other operating request, demand, order or statutory or fluids, or if such fuels, regulatory requirement, or such claim lubricants or other operating or "suit" by or on behalf of a fluids are brought on or to the governmental authority. premises, site or location with the intent that they be discharged, dispersed or n Form SS 00 08 04 05 t(1-� Page 5 of 24 BUSINESS LIABILITY COVERAGE FORM g. Aircraft, Auto Or Watercraft (2) The use of "mobile equipment" in, or "Bodily injury" or "property damage" arising while in practice or preparation for, a out of the ownership, maintenance, use or prearranged racing, speed or entrustment to others of any aircraft, "auto" demolition contest or in any stunting or watercraft owned or operated by or rented activity. or loaned to any insured. Use includes i. War operation and "loading or unloading". "Bodily injury", "property damage" or This exclusion applies even if the claims "personal and advertising injury", however against any insured allege negligence or caused, arising, directly or indirectly, out of: other wrongdoing in the supervision, hiring, (1) War, including undeclared or civil war; employment, training or monitoring of others "occurrence" (2) Warlike action by a military force, by that insured, if the which "bodily "property including action in hindering or caused the injury" or defending against an actual or damage" involved the ownership, maintenance, use or entrustment to others of expected attack, by any government, any aircraft, "auto" or watercraft that is sovereign or other authority using owned or operated by or rented or loaned to military personnel or other agents; or any insured. (3) Insurrection, rebellion, revolution, This exclusion does not apply to: usurped power, or action taken by governmental authority in hindering or 1 A watercraft while ashore on remises () p defending against any of these. you own or rent; j. Professional Services (2) A watercraft you do not own that is: "Bodily injury", "property damage" or (a) Less than 51 feet long; and "personal and advertising injury" arising (b) Not being used to carry persons out of the rendering of or failure to render for a charge; any professional service. This includes (3) Parking an "auto" on, or on the ways but is not limited to: next to, premises you own or rent, (1) Legal, accounting or advertising provided the "auto" is not owned by or services; rented or loaned to you or the insured; (2) Preparing, approving, or failing to (4) Liability assumed under any "insured prepare or approve maps, shop contract" for the ownership, drawings, opinions, reports, surveys, maintenance or use of aircraft or field orders, change orders, designs or watercraft; drawings and specifications; (5) "Bodily injury" or "property damage" (3) Supervisory, inspection, architectural arising out of the operation of any of or engineering activities; the equipment listed in Paragraph f.(2) (4) Medical, surgical, dental, x-ray or or f.(3) of the definition of "mobile nursing services treatment, advice or equipment"; or instruction; (6) An aircraft that is not owned by any (5) Any health or therapeutic service insured and is hired, chartered or loaned treatment, advice or instruction; with a paid crew. However, this (6) Any service, treatment, advice or exception does not apply if the insured instruction for the purpose of has any other insurance for such "bodily appearance or skin enhancement, hair injury" or "property damage", whether removal or replacement or personal the other insurance is primary, excess, grooming; contingent or on any other basis. (7) Optical or hearing aid services h. Mobile Equipment including the prescribing, preparation, "Bodily injury" or "property damage" fitting, demonstration or distribution of arising out of: ophthalmic lenses and similar (1) The transportation of "mobile equipment" products or hearing aid devices; by an "auto" owned or operated by or rented or loaned to any insured; or (� Page 6 of 24 V" �� �� Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (8) Optometry or optometric services including but not limited to examination of the eyes and the prescribing, preparation, fitting,demonstration or distribution of ophthalmic lenses and similar products; (9) Any: (a) Body piercing (not including ear piercing); (b) Tattooing, including but not limited to the insertion of pigments into or under the skin; and (c) Similar services; (10) Services in the practice of pharmacy; and (11) Computer consulting, design or programming services, including web site design. Paragraphs (4) and (5) of this exclusion do not apply to the Incidental Medical Malpractice coverage afforded under Paragraph 1.e. in Section A. - Coverages. k. Damage To Property "Property damage" to: (1) Property you own, rent or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in the care, custody or control of the insured; (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Form SS 00 08 04 05 Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you for a period of 7 or fewer consecutive days. A separate Limit of Insurance applies to Damage To Premises Rented To You as described in Section D. - Limits Of Insurance. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3) and (4) of this exclusion do not apply to the use of elevators. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraphs (3) and (4) of this exclusion do not apply to "property damage" to borrowed equipment while not being used to perform operations at a job site. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products -completed operations hazard". I. Damage To Your Product "Property damage" to "your product" arising out of it or any part of it. m. Damage To Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "products -completed operations hazard". This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. n. Damage To Impaired Property Or Property Not Physically Injured "Property damage" to "impaired property" or property that has not been physically injured, arising out of: (1) A defect, deficiency, inadequacy or dangerous condition in "your product" or "your work"; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product" or "your work" after it has 4- -.AJ 4 . Page 7 of 24 BUSINESS LIABILITY COVERAGE FORM o. Recall Of Products, Work Or Impaired (c) Title of any literary or artistic work; Property (8) Arising out of an offense committed by Damages claimed for any loss, cost or an insured whose business is: expense incurred by you or others for the (a) Advertising, broadcasting, loss of use, withdrawal, recall, inspection, publishing or telecasting; repair, replacement, adjustment, removal (b) Designing or determining content or disposal of: of web sites for others; or (1) "Your product"; (c) An Internet search, access, (2) "Your work"; or content or service provider. (3) "Impaired property"; However, this exclusion does not if such product, work or property is apply to Paragraphs a., b. and c. withdrawn or recalled from the market or under the definition of "personal and from use by any person or organization advertising injury" in Section G. — because of a known or suspected defect, Liability And Medical Expenses deficiency, inadequacy or dangerous Definitions. condition in it. For the purposes of this exclusion, p. Personal And Advertising Injury placing an "advertisement" for or "Personal and advertising injury": linking to others on your web site, by itself, is not considered the business (1) Arising out of oral, written or electronic of advertising, broadcasting, publication of material, if done by or at publishing or telecasting; the direction of the insured with knowledge of its falsity; (9) Arising out of an electronic chat room or bulletin board the insured hosts, (2) Arising out of oral, written or electronic owns, or over which the insured publication of material whose first exercises control; publication took place before the beginning of the policy period; (10) Arising out of the unauthorized use of another's name or product in your e-mail (3) Arising out of a criminal act committed address, domain name or metatags, or by or at the direction of the insured; any other similar tactics to mislead (4) Arising out of any breach of contract, another's potential customers; except an implied contract to use (11) Arising out of the violation of a another's "advertising idea" in your person's right of privacy created by "advertisement"; any state or federal act. (5) Arising out of the failure of goods, However, this exclusion does not products or services to conform with apply to liability for damages that the any statement of quality or insured would have in the absence of performance made in your such state or federal act; "advertisement"; (12) Arising out of: (6) Arising out of the wrong description of the price of goods, products or services; (a) An "advertisement" for others on your web site; (7) Arising out of any violation of any intellectual property rights such as (b) Placing a link to a web site of copyright, patent, trademark, trade others on your web site; name, trade secret, service mark or (c) Content from a web site of others other designation of origin or displayed within a frame or border authenticity. on your web site. Content includes However, this exclusion does not information, code, sounds, text, apply to infringement, in your graphics or images; or "advertisement", of (d) Computer code, software or (a) Copyright; programming used to enable: (b) Slogan, unless the slogan is also (1) Your web site; or a trademark, trade name, service (ii) The presentation or functionality mark or other designation of origin of an "advertisement" or other or authenticity; or content on your weo site; Page 8 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (13) Arising out of a violation of any anti- trust law; (14) Arising out of the fluctuation in price or value of any stocks, bonds or other securities; or (15) Arising out of discrimination or humiliation committed by or at the direction of any "executive officer", director, stockholder, partner or member of the insured. q. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate "electronic data". r. Employment -Related Practices "Bodily injury" or "personal and advertising injury" to: (1) A person arising out of any: (a) Refusal to employ that person; (b) Termination of that person's employment; or (c) Employment -related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation or discrimination directed at that person; or (2) The spouse, child, parent, brother or sister of that person as a consequence of "bodily injury" or "personal and advertising injury" to the person at whom any of the employment -related practices described in Paragraphs (a), (b), or (c) above is directed. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. s. Asbestos (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of the "asbestos hazard". (2) Any damages, judgments, settlements, loss, costs or expenses that: Form SS 00 08 04 05 (a) May be awarded or incurred by reason of any claim or suit alleging actual or threatened injury or damage of any nature or kind to persons or property which would not have occurred in whole or in part but for the "asbestos hazard"; (b) Arise out of any request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, encapsulate, contain, treat, detoxify or neutralize or in any way respond to or assess the effects of an "asbestos hazard'; or (c) Arise out of any claim or suit for damages because of testing for, monitoring, cleaning up, removing, encapsulating, containing, treating, detoxifying or neutralizing or in any way responding to or assessing the effects of an "asbestos hazard". Violation Of Statutes That Govern E- Mails, Fax, Phone Calls Or Other Methods Of Sending Material Or Information "Bodily injury", "property damage", or "personal and advertising injury" arising directly or indirectly out of any action or omission that violates or is alleged to violate: (1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; (2) The CAN-SPAM Act of 2003, including any amendment of or addition to such law; or (3) Any statute, ordinance or regulation, other than the TCPA or CAN-SPAM Act of 2003, that prohibits or limits the sending, transmitting, communicating or distribution of material or information. Damage To Premises Rented To You — Exception For Damage By Fire, Lightning or Explosion Exclusions c. through h. and k. through o. do not apply to damage by fire, lightning or explosion to premises rented to you or temporarily occupied by you with permission of the owner. A separate Limit of Insurance applies to this coverage as described in Section D. - Liability And Medical Expenses Limits Of Insu7ce. Page 9 of 24 BUSINESS LIABILITY COVERAGE FORM 2. Applicable To Medical Expenses Coverage We will not pay expenses for "bodily injury": a. Any Insured To any insured, except "volunteer workers". b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers' Compensation And Similar Laws To a person, whether or not an "employee" of any insured, if benefits for the "bodily injury" are payable or must be provided under a workers' compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing, instructing or participating in any physical exercises or games, sports or athletic contests. f. Products -Completed Operations Hazard Included with the "products -completed operations hazard". g. Business Liability Exclusions Excluded under Business Liability Coverage. C. WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with raeri art to their liahility nQ Onrkhnlrlarc Page 10 of 24 e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. 2. Each of the following is also an insured: a. Employees And Volunteer Workers Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insureds for: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), or to a co -"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co - "employee" or that "volunteer worker" as a consequence of Paragraph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. If you are not in the business of providing professional health care services, Paragraph (d) does not apply to any nurse, emergency medical technician or paramedic employed by you to provide such services. (2) "Property damage" to property: n JayUL ter: rm SS 00 08 04 05 �46 _ BUSINESS LIABILITY COVERAGE FORM (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees", "volunteer workers", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Real Estate Manager Any person (other than your "employee" or "volunteer worker"), or any organization while acting as your real estate manager. c. Temporary Custodians Of Your Property Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Legal Representative If You Die Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this insurance. e. Unnamed Subsidiary Any subsidiary and subsidiary thereof, of yours which is a legally incorporated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of this Coverage Part. The insurance afforded herein for any subsidiary not shown in the Declarations as a named insured does not apply to injury or damage with respect to which an insured under this insurance is also an insured under another policy or would be an insured under such policy but for its termination or upon the exhaustion of its limits of insurance. 3. Newly Acquired Or Formed Organization Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain financial interest of more than 50% of the voting stock, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or fnrm the nmanization or the end of the policy period, whichever is earlier; and b. Coverage under this provision does not apply to: (1) 'Bodily injury" or "property damage" that occurred; or (2) "Personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. 4. Operator Of Mobile Equipment With respect to "mobile equipment' registered in your name under any motor vehicle registration law, any person is an insured while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the equipment, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. 'Bodily injury" to a co -"employee" of the person driving the equipment; or b. 'Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. 5. Operator of Nonowned Watercraft With respect to watercraft you do not own that is less than 51 feet long and is not being used to carry persons for a charge, any person is an insured while operating such watercraft with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the watercraft, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. 'Bodily injury" to a co -"employee" of the person operating the watercraft; or b. 'Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. 6. Additional Insureds When Required By Written Contract, Written Agreement Or Permit The person(s) or organization(s) identified in Paragraphs a. through f. below are additional insureds when you h%ve aareed. in a written Form SS 00 08 04 05 Page 11 of 24 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; 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 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 or organization is included as an (g) Products which, after distribution additional insured by an endorsement issued by us and made a part of this Coverage Part, or sale you, have been labeled including all persons or organizations added or relabeled used a as additional insureds under the specific container, part orr ingredient oof f 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 damage" arising out of the sole Any person(s) or organization(s) (referred to negligence of the vendor for its below as vendor), but only with respect to own acts or omissions or those of "bodily injury" or "property damage" arising its employees or anyone else out of "your products" which are distributed acting on its behalf. However, this or sold in the regular course of the vendor's exclusion does 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 -completed 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 any ingredient, part or container, This exclusion does not apply to 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 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 J original container; Page 12 of 24 '� I Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (2) 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. c. Lessors Of Land Or Premises (1) Any person or organization from whom you lease land or premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land or premises leased to you. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to: (a) Any "occurrence" which takes place after you cease to lease that land or be a tenant in that premises; or e. Permits Issued By State Or Political Subdivisions (1) Any state or political subdivision, but only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to: (a) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality; or (b) "Bodily injury" or "property damage" included within the "products - completed operations hazard". 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. 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 "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 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 (a) In connection with your premises; (c) In connection with "your work" and or included within the "products- (b) In the performance of your completed operations hazard", but ongoing operations performed by only if you or on your behalf. (1) 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 "bodily injury", "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 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 (b) Supervisory, inspection, architectural, engineering or surveying architectural or engineering service, activities.Form SS 00 08 04 05 Page 13 of 24 A BUSINESS LIABILITY COVERAGE FORM (a) 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 (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 MEDICAL EXPENSES LIMITS OF INSURANCE 1. The Most We Will Pay The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. Aggregate Limits The most we will pay for: a. Damages because of "bodily 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, 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. roadwav or riaht-of-wav of a railroad. Page 14 of 24 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 2.1b 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 Rented 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 "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. 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. qW( 1/jl Form SS 00 08 04 05 i BUSINESS LIABILITY COVERAGE FORM If more than one limit of insurance under this policy and any endorsements attached thereto applies to any claim or "suit", the most we will pay under this policy and the endorsements is the single highest limit of liability of all coverages applicable to such claim or "suit". However, this paragraph does not apply to the Medical Expenses limit set forth in Paragraph 3. above. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. Notice Of Occurrence Or Offense You or any additional insured must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. Notice Of Claim If a claim is made or "suit" is brought against any insured, you or any additional insured must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You or any additional insured must see to it that we receive a written notice of the claim or "suit" as soon as practicable. c. Assistance And Cooperation Of The Insured You ar'd airy othwi ,i ivokied ii-'awad Form SS 00 08 04 05 (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation, settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization that may be liable to the insured because of injury or damage to which this insurance may also apply. d. Obligations At The Insured's Own Cost No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. e. Additional Insured's Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with the additional insured's own insurance. f. Knowledge Of An Occurrence, Offense, Claim Or Suit Paragraphs a. and b. apply to you or to any additional insured only when such "occurrence", offense, claim or "suit" is known to: (1) You or any additional insured that is an individual; (2) Any partner, if you or an additional insured is a partnership; (3) Any manager, if you or an additional insured is a limited liability company; (4) Any "executive officer" or insurance manager, if you or an additional insured is a corporation; (5) Any trustee, if you or an additional insured is a trust; or (6) Any elected or appointed official, if you or an additional insured is a political .. ..1-1,,. �� Page 15 of 24 BUSINESS LIABILITY COVERAGE FORM This Paragraph f. applies separately to you and any additional insured. 3. Financial Responsibility Laws a. When this policy is certified as proof of financial responsibility for the future under the provisions of any motor vehicle financial responsibility law, the insurance provided by the policy for "bodily injury" liability and "property damage" liability will comply with the provisions of the law 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. 4. 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 or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this 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. 5. 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. 6. Representations a. When You Accept This Policy By accepting this policy, you agree: (1) The statements in the Declarations are accurate and complete; (2) Those statements are based upon representations you made to us; ana (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 collectible 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 will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: (1) Your Work That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (2) Premises Rented To You That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (3) Tenant Liability That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (4) Aircraft, Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section A. — Coverages. (5) Property Damage To Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion k. of Section A. — ('r wornrmc Page 16 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (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 insurance; or (7) When You Add Others As An Additional Insured To This Insurance That is other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this Coverage Part: (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract, written agreement or permit that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. (b) Primary And Non -Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty under this Coverage Part to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. Form SS 00 08 04 05 When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self - insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 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, agreerTnnt or permit that was executed Pr r rU a injury or 0arnaye. u fi �jPage 17 of 24 l BUSINESS LIABILITY 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 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: 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 organization(s) shown in the Declarations, 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 does not 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. Page 18 of 24 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 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 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 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 .771VYY11 111 l 1 Vl%VI GI GLIVI I.] - -I 1 -4-I.u. orm SS 00 08 04 05 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 not apply to: servicing or repair operations, except such operations performed 1 "Bodily injury", "property damage" or () y 1 ry, p p y g at the vendors premises in "personal and advertising injury" connection with the sale of the arising out of operations performed for product; the state or municipality; or (g) Products which, after distribution (2) "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 7. Additional Insured —Vendors other thing or substance by or for 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 organization(s) damage" arising out of the sole (referred to below as vendor) shown in the negligence of the vendor for its 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 (1) The exceptions contained in business and only if this Coverage Part Subparagraphs (d) or (f); or provides coverage for "bodily injury" or (ii) Such inspections, property damage included within the "products adjustments, tests or servicing -completed operations hazard". as the vendor has agreed to 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 (1) This insurance does not apply to: business, in connection with (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 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, 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; WHO IS AN INSURED under Section 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 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 UU1 Ildll ICI , Form SS 00 08 04 05 �y,_—�q Page 19 of 24 BUSINESS LIABILITY 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 person(s) 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. 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, including: (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, 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 person(s) or Organization(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. Page 20 of 24 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. 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 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 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. "Co Ieragverritory" means: lowJI Form SS 00 08 04 05 "l BUSINESS LIABILITY COVERAGE FORM a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in a. above; c. All other parts of the world if the injury or damage arises out of: (1) Goods or products made or sold by you in the territory described in a. above; (2) The activities of a person whose home is in the territory described in a. above, but is away for a short time on your business; or (3) "Personal and advertising injury" offenses that take place through the Internet or similar electronic means of communication provided the insured's responsibility to pay damages is determined in the United States of America (including its territories and possessions), Puerto Rico or Canada, in a "suit" on the merits according to the substantive law in such territory, or in a settlement we agree to. 7. "Electronic data" means information, facts or programs: a. Stored as or on; b. Created or used on; or c. Transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 8. "Employee" includes a "leased worker". "Employee" does not include a "temporary worker". 9. "Executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document. 10. "Hostile fire" means one which becomes uncontrollable or breaks out from where it was intended to be. 11. "Impaired property" means tangible property, other than "your product" or "your work", that cannot be used or is less useful because: a. It incorporates "your product" or "your work" that is known or thought to be defective, dencieni, inauuquaiu ur uariyuruus, ui Form SS 00 08 04 05 b. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by: a. The repair, replacement, adjustment or removal of "your product" or "your work"; or b. Your fulfilling the terms of the contract or agreement. 12. "Insured contract" means: A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning or explosion to premises while rented to you or temporarily occupied by you with permission of the owner is subject to the Damage To Premises Rented To You limit described in Section D. — Liability and Medical Expenses Limits of Insurance. b. A sidetrack agreement; c. Any easement or license agreement, including an easement or license agreement in connection with construction or demolition operations on or within 50 feet of a railroad; d. Any obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; or f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another parry to pay for "bodily injury" or "property damage" to a third person or organization, provided the "bodily injury" or "property damage" is caused, in whole or in part, by you or by those acting on your behalf. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. includes that part of any contract or agreement that indemnifies a railroad for "bodily injury" or "property damage" arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road -beds, tunnel, underpass or crossing. However, Paragraph f. does not include 1L �L .......L ..G.-.. ..4......4 r4• LKCAL Nun L 4 ly ..... ... ...,.W... wy. ........ ... Page 21 of 24 �4' BUSINESS LIABILITY COVERAGE FORM (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. 13. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker". 14. "Loading or unloading" means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto"; b. While it is in or on an aircraft, watercraft or "auto"; or c. While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; but "loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto". 15. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, on which are permanently mounted: Page 22 of 24 (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e. Vehicles not described in a., b., c., or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: (1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in a., b., c., or d. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": (1) Equipment, of at least 1,000 pounds gross vehicle weight, designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. 16. "Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. 17. "Personal and advertising injury" means injury, including consequential "bodily injury", arising out of one or more of the following offenses: a. False arrest, detention or imprisonment; b. Malicious prosecution; Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM c. The wrongful eviction from, wrongful entry Work that may need service, maintenance, into, or invasion of the right of private correction, repair or replacement, but occupancy of a room, dwelling or which is otherwise complete, will be premises that the person occupies, treated as completed. committed by or on behalf of its owner, The "bodily injury" or "property damage" landlord or lessor; must occur away from premises you own d. Oral, written or electronic publication of or rent, unless your business includes the material that slanders or libels a person or selling, handling or distribution of "your organization or disparages a person's or product" for consumption on premises you organization's goods, products or services; own or rent. e. Oral, written or electronic publication of material that violates a person's right of privacy; f. Copying, in your "advertisement", a person's or organization's "advertising idea" or style of "advertisement"; g. Infringement of copyright, slogan, or title of any literary or artistic work, in your "advertisement"; or h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. 18. "Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. 19. "Products -completed operations hazard"; b. Does not include "bodily injury" or "property damage" arising out of: (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured; or (2) The existence of tools, uninstalled equipment or abandoned or unused materials. 20. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or a. Includes all "bodily injury" and "property b. Loss of use of tangible property that is not damage" occurring away from premises physically injured. All such loss of use you own or rent and arising out of "your shall be deemed to occur at the time of product" or "your work" except: "occurrence" that caused it. (1) Products that are still in your physical As used in this definition, "electronic data" is possession; or not tangible property. (2) Work that has not yet been completed or abandoned. However, "your work" will be deemed to be completed at the earliest of the following times: (a) When all of the work called for in your contract has been completed. (b) When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. (c) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. 21. "Suit" means a civil proceeding in which damages because of "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies are alleged. "Suit" includes: a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 22. "Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short-term workload conditions. 23. "Volunteer worker" means a person who: a. Is not vouv,"emplovee": Form SS 00 08 04 05 n� /1� Page 23 of 24 BUSINESS LIABILITY COVERAGE FORM b. Donates his or her work; c. Acts at the direction of and within the scope of duties determined by you; and d. Is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. 24. "Your product': a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a) You; (b) Others trading under your name; or (c) A person or organization whose business or assets you have acquired; and (2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your product'; and Page 24 of 24 (2) The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 25. "Your work": a. Means: (1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work or operations. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your work"; and (2) The providing of or failure to provide warnings or instructions. 1 ,n Form SS 00 08 04 05 W