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HomeMy WebLinkAboutT.E. ROBERTS, INC.INSURANCE ON MIA tNORK MAY PROCEED f1NTIL.INELl11 CEEX BES CLERK OF COUNCIL DATE: ! — Zi—/y AGREEMENT FOR ON-CALL SEWER AND WATER SYSTEM REPAIR SERVICES WITH T.E. ROBERTS, INC. A-2014-230 THIS AGREEMENT made and entered into this 16`x' day of September, 2014 by and between T.E. Roberts, Inc., a California corporation (hereinafter "Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the field of emergency repair of sewer and water infrastructure. B. Contractor represents that Contractor is able and willing to provide such services to the City. C, In undertaking the performance of this Agreement, Contractor represents that itis knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform emergency construction services for City requested repair of sewer and water infrastructure, on an on-call basis, as set forth in the City's Request for Proposals issued July 11, 2014, attached hereto as Exhibit A and the Contractor's Proposal, attached hereto as Exhibit B. All Exhibits to this Agreement are incorporated by this reference. 2. DELIVERY OF WORK PRODUCT Contractor shall deliver to City all work product which results from the services provided. Said work product shall be submitted in a hard copy and produced in a form compatible with the City's computer system, as agreed between the City's project manager and Contractor. In regard to material produced as a deliverable under this Agreement, including but not limited to reports, as -built drawings, photographs, videotapes, computer programs and any other documentation pertaining to said repair work, Contractor agrees, for itself and its affected officers, employees, agents, consultants, and volunteer workers, that 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 Contractor, a royalty -free, nonexclusive, irrevocable license throughout the world to disclose, publish, translate, reproduce, and use such materials. EXHIBIT 3 3. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit C. The total sum to be expended among all contractors providing these services shall not exceed $400,000.00 annually for the initial three- year (3) Tenn of this Agreement. b. The total sum to be expended during the subsequent two-year option period among all contractors providing these set -vices shall not exceed $400,000.00 annually. Contractor shall provide updated labor and equipment rates annually. c. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 4. TERM This Agreement shall have an initial three (3) year Term, commencing on September 16, 2014 and terminating on September 16, 2017, unless terminated earlier in accordance with Section 13, below. The City Manager shall have the option to extend the Term of this Agreement for an additional two (2) year period, on the same terms and conditions set forth herein. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shalt 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, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, and in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (e) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. e. If Contractor fails or refuises to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. INDEMNIFICATION To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively, the "indemnified pal -ties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a claim; collectively, "claims"), which may arise from or in any manner related (directly or indirectly) to any work performed or services provided under this Agreement (including, without limitation, defects in workmanship and/or materials) or Contractor's presence or activities conducted performing the work (including the negligent and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the indemnified parties from any claim arising from the sole negligence or willful misconduct of the indemnified parties. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Contractor. 8. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means, Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. I0. 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 of the 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 Copies to: Public Works Agency— Water Resources City of Santa Ana 220 S. Daisy Ave. (M-85) Santa Ana, California 92701 and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Sox 1988 Santa Ana, California 92702 Facsimile: 714-647.6515 To Contractor: T.E. Roberts, Inc. 1131 E. Main St., Suite 201 Tustin, CA 92780 Telephone: (714) 669-0072 Facsimile: (714) 200-0241 Timothy Roberts, President 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 as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents die complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other contractors retained by City. 13. TERMINATION This Agreement maybe terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the fallowing conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 14. DISCRIMINATION Contractor shalt not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION- VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16, PROFESSIONAL LICENSES Contractor shall, throughout the Term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions, Said inability shall be cause for termination of this Agreement. 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 of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if frilly set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Maria D. Huizar - Clerk aEthe Councill APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney Lisa Storrk Assistant City Attorney RECOMMENDED FOR APPROVAL: Edwin "William"alvez, P.E. Interim Executive Director - PWA CITY rOF SANTA ANA w l David avazos Z. City Manager CONTRACTOR: T.E. Roberts, Inc. r � — Timothy Roberts President AGREEMENT EXHIBIT A e •- •-s•• 0 ON-CALL EMERGENCY SEWER AND WATER SYSTEM REPAIR SERVICES SID # 14 - CITY OF SANTA ANA - Santa Aria Public Works Agency 220 S. Daisy Ave., Building A Santa Ana, CA 92703 Rodoifo Rosas, RE.. Senior Civil Engineer (714) 647-8379 Office (714) 64.7.8345 Fax rrosas{r�santa-ana.org Issue Date: Proposal Due Date: Projected Award Coate: win "Williah Galvez, P.E. Interim Executive Director Public Works Agency Ju� k 1 2014 August 8, 2014 - 3:.00 pm. September 16 2014 RFP #14-044 - On -Call Emergency Sewer and Water System Repair Services Page 1 NOTICE INVITING PROPOSALS NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms to provide On- Call Emergency Sewer and Water Repair Services. Responses to the Request for Proposals (RFP) will be accepted until 3:OOPM on August 8, 2014. If further information is required, contact Rodolfo Rosas at (714) 647-3379 or rrosasC Santa-ana.org All notifications, updates and addenda will be posted on the City's current RFP Bid page at www,planetbids.com/portal/Dortal.cfm?CompanylD=20137. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive proposal. The successful Proposer must possess or obtain a valid California Class (A or C34) Contractor's license prior to the award of contract. MAILED, DELIVERED BY HAND, or COURIERED proposals will be accepted as follows: City of Santa Ana Attn: Rodolfo Rosas Public Works Agency City Corporation Yard, Bldg A 220 S. Daisy Avenue Santa Ana, CA 92703 It is the responsibility of the proposer to ensure that any proposals submitted shall have sufficient time to be received by the City of Santa Ana prior to the proposal due date and time. Questions regarding this Request for Proposals shall be made in writing via e-mail to Rodolfo Rosas at rrosasanta-ana.orq. The receiving time in the Public Works Agency, 220 S. Daisy Avenue, Santa Ana, CA 92703 Dispatch Office, Building A, will be the governing time for acceptability of proposals. Late proposals will NOT be considered and will be returned to proposer unopened. Telegraphic, electronic, and facsimile proposals will not be accepted. ONLY SEALED RFP RESPONSES ARE ACCEPTABLE DO NOT E-MAIL RFP RESPONSES. DO NOT FAX RFP RESPONSES. RFP #14-044 - On -Call Emergency Sewer and Water System Repair Services Page 2 0 CITY OF SANTA ANA REQUEST FOR PROPOSAL FOR ON-CALL EMERGENCY SEWER AND WATER SYSTEM REPAIR SERVICES TABLE OF CONTENTS RFP #14-044 — On -Call Emergency Sewer and Water System Repair Services Page 3 PAGE I. INTRODUCTION 4 II. PERIOD OF CONTRACT 4 III. OPTION OF RENEWAL 4 IV. FISCAL NONFUNDING CLAUSE 4 V. SCOPE OF SERVICES 5 VI. GENERAL INFORMATION 5 VII. PROPOSER RESPONSIBILITIES 5 VIII. LICENSE REQUIREMENTS 5 IX. INITIATION/KICK OFF MEETING 6 X. CITY BUSINESS LICENSE 6 XI. ADDENDA 6 XII. RULES FOR PROPOSALS 6 XIII. E-MAIL COMMUNICATIONS AND INTERPRETATIONS/CLARIFICATIONS 6 XIV. SUBMITTAL INFORMATION AND DEADLINE 6 XV. SUBMITTAL REQUIREMENTS 6 XVI. CONTRACTOR SELECTION — PROPOSAL AND EVALUATION 8 XVII. PUBLIC RECORDS 8 XVIII. PROTESTS 8 XIX. INSURANCE REQUIREMENTS 9 EXHIBIT A — SCOPE OF SERVICES 10 EXHIBIT B — SAMPLE AGREEMENT 12 EXHIBIT C — PROPOSERS CERTIFICATION and PROPOSAL ITEM PRICING 19 EXHIBIT D — OFFERERS REFERENCES 20 EXHIBIT E — PROPOSERS STATEMENT 21 EXHIBIT F — CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR 22 EXHIBIT G — NONCOLLUSION AFFIDAVIT 24 EXHIBIT H — SAMPLE ADDITIONAL INSURED ENDORSEMENT 25 RFP #14-044 — On -Call Emergency Sewer and Water System Repair Services Page 3 CITY OF SANTA ANA REQUEST FOR PROPOSAL FOR ON-CALL EMERGENCY SEWER AND WATER SYSTEM REPAIR SERVICES INTRODUCTION The City of Santa Ana is seeking qualified construction firms to augment the City's capacity to restore sewer and water service in the event of system failures. The City staffs maintenance and repair crews to keep the sewer and water systems functional. In order to be prepared to respond to large scale emergencies, the City must retain qualified contracting firms experienced in substructures and sewer and water utility facility construction on an as -needed basis. A detailed Scope of Work and agreement terms are attached as part of the Appendix II. PERIOD OF CONTRACT Unless earlier terminated as allowed for in the agreement, contract term shall be for a period of three years with an option to renew for two additional years. Upon completion of the selection process, the selected firms will The City will select up to three firms to provide these services. The contract term is anticipated to commence after City Council award of this contract and upon receipt and approval of all required insurance documents. The projected contract award date is tentatively scheduled for September 16, 2014 and may be adjusted as necessary. All services provided, and all payments made for services, shall be in accordance with the executed contract agreement. III. OPTION OF RENEWAL The City reserves the right to renew the contract for an additional two year period upon written agreement and mutual consent between the contractor and the City Manager and City Attorney. The contract may be renewed once for a total agreement period of up to five (5) years. IV. FISCAL NONFUNDING CLAUSE In the event sufficient budgeted funds are not available for a new fiscal period, the City shall retain the right to notify the provider of such occurrence in writing at least thirty (30) days before the end of the current fiscal period and terminate the contract on the last day of the current fiscal period without penalty or expense to the City. RFP #14-044 — On -Call Emergency Sewer and Water System Repair Services Page 4 V. SCOPE OF WORK/SERVICES The scope of work may include any and all work efforts related to the Emergency Sewer and Water System Repair Services as set forth in EXHIBIT A — SCOPE OF SERVICES. The contractor shall be an independent contractor capable of providing experienced, knowledgeable and professional staff. The contractor shall be responsive and maintain excellent working relationships with city residents, businesses, governmental officials and City staff. The contractor shall provide adequate staffing levels at all times and adhere to established schedules. VI. GENERAL INFORMATION A. The term of the contract will begin after the contract award by the City Council. B. When determined appropriate, the City will provide information in its possession relevant to preparation of required information in RFP. The City will provide only the staff assistance and documentation specifically referred to herein. C. The proposer shall be responsible for retaining data, records and documentation for the preparation of the required information. These materials shall be made available to the City as requested by the City. D. This RFP does not commit the City to pay costs incurred in preparation of a response to this RFP. All costs incurred in the preparation of the proposal, the submission of additional information, attendance at pre -proposal conference, negotiations with City, and/or any other aspect of a proposal prior to award of a written contract will be borne by the proposer. The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any informality or technical defect in the proposal. E. All data, documents and other products used, developed, or produced during response preparation of the RFP will become property of the City. All responses to the RFP shall become property of the City. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. F. The City reserves the right to reject, replace and approve any and all subcontractors. All subcontractor(s) shall be identified in the response to the RFP and the City reserves the right to reject any subcontractor(s). Subcontractors shall be the responsibility of the prime contractor and the City shall assume no liability of such subcontractors. VII. PROPOSER RESPONSIBILITIES The selected proposer will assume responsibilities for all services in its proposal. The selected proposer shall identify a sole point of contact with the greatest knowledge in regard to the required service operations and contractual matters, including payment of any and all charges resulting from the Agreement. VIII. LICENSE REQUIREMENTS In accordance with Section 3300 of the California Public Contract Code, the City has determined that the proposer shall possess a license in the classification specified in the Notice Inviting Proposals. RFP #14-044 — On -Call Emergency Sewer and Water System Repair Services Page 6 IX. INITIATION(KICK OFF MEETING The successful proposer will be required to meet with City staff prior to commencement of services or at any time as required by the City, to discuss and agree on operational issues including transition of services and scheduling. X. CITY BUSINESS LICENSE The selected proposer shall be required to obtain a City of Santa Ana Business license within thirty (30) days of selection and must provide a copy to the City projects manager or designee prior to commencing any work in Santa Ana. XI. ADDENDA Any subsequent changes in RFP from the date of preparation to date of submittal will result in an addendum or amendment by the issuing office. Notification of such addendum or amendment shall be effected by posting on City's website, as set forth in the Notice Inviting Proposals. XII. RULES FOR PROPOSALS The signer of the RFP must declare in writing that the only person, persons, company, or parties interested in the proposal as principals are named therein; that the proposal is made without collusion with any other person, persons, company, or parties submitting a proposal; that it is in all respects fair and in good faith without collusion or fraud, and that the signer of the proposal has full authority to bind the proposer (Exhibits D - G). XIII. E-MAIL COMMUNICATIONS AND INTERPRETATIONS/CLARIFICATIONS To facilitate the RFP process, proposers are required to monitor the City's Bid and RFP page at www.olanetbids.com/portal/portal.cfm2Com-panylD=20137 . No oral interpretations will be made by the City to any proposer as to the meaning of requirements identified herein, including the Scope of Services and Terms and Conditions. Every request for such an interpretation must be made in writing via e-mail to the projects manager no fewer than five (5) business days prior to the date and time set for opening of proposals. Significant interpretations or clarification will be made by an addendum to this RFP, which will be posted to the website. Addenda may become part of the agreement documents. XIV. SUBMITTAL INFORMATION AND DEADLINE Proposals are due to the City of Santa Ana, at the date, time, and location set forth on the Notice Inviting Proposals. Faxed and e-mail proposals will not be accepted. XV. SUBMITTAL REQUIREMENTS The RFP is intended to assess and evaluate each firm's capabilities as they apply to the proposed project. Submittal of Proposal A. Five (5) copies of the response to the RFP shall be signed by a company official with the power to bind the company. B. One (1) cop v of the submittal on a compact disc, USB flash drive or equivalent. RFP #14-044 — On -Call Emergency Sewer and Water System Repair Services Page 6 C. Structure your proposal to include the Scope of Services response, general time implementation schedule, fees/contract price, and exhibits. Each firm must address each of the following items in its response to the RFP: A. Statement of Qualifications - In order to maintain uniformity, the Statement of Qualifications must be limited to a MAXIMUM of 20 PAGES (excluding front and back covers, section dividers and Exhibits E through G). The page limitation includes all appendices, attachments, and supplemental information. The following information is required: 1. Cover Letter — A letter signed by a principal or authorized representative who can make legally binding commitments for the entity. 2. Firm and Personnel Experience: A profile of the firm's experience, including the names and experience of personnel and subconsultants who will be providing services. At a minimum, this should include the project manager/principal agent, associates in charge when project manager/principal agent is unavailable, key personnel, and an organization chart. The project manager/principal agent shall be the primary contact person to represent your firm. 3. Previous Project Experience: Proposer shall submit a general description of the previous related repair and construction work performed in the last five (5) years. Special consideration should be given to work performed on an emergency basis and work performed on water and sewer systems. B. EXHIBIT C — PROPOSERS STATEMENT AND PROPOSAL ITEM PRICING A separate sealed fee envelope including proposer's personnel and equipment rates shall be submitted concurrently but under separate cover with the proposal. Costs shall be shown as described under Exhibit C. No fee envelopes shall be opened by City until the final ranking of proposals has been completed. C. EXHIBIT D — REFERENCES — The Proposer shall submit a list of agencies, past and present, for whom you have provided work similar to that identified in this RFP (Exhibit A) for the last five (5) years. D. EXHIBIT E - PROPOSERS STATEMENT E. EXHIBIT F —CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR F. EXHIBIT G — NONCOLLUSION AFFIDAVIT G. EXHIBIT H — SAMPLE ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY H. The proposal must be completely responsive to the RFP. Any exceptions to the requirements of this RFP must be included in the proposal. Such exceptions must be included as a separate element of the proposal entitled "Exceptions and Deviations." The Executive Director, in his sole and absolute discretion, may authorize or deny any exceptions. RFP #14-044 — On -Call Emergency Sewer and Water System Repair Services Page 7 The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any contract will be awarded pursuant to this RFP or otherwise. The City reserves the right to waive minor inconsistencies in submitted Proposals. XVI. CONTRACTOR SELECTION — PROPOSAL AND EVALUATION The criteria for evaluating the proposals submitted will take the following items into consideration: 1. Firm Experience (30%) 2. Personnel Experience (20%) 3. Previous Project Experience (50%) The proposals will be reviewed by a committee of City staff members. The committee will evaluate proposers based on the response to the RFP and the City evaluation criteria set forth above. A final score will be calculated for each submitted proposal and used to rank the proposers. The committee may interview the top tier of proposers and recommend award of the contract to the proposer who will provide the best quality service at minimum cost to the City. The City reserves the right to negotiate pricing and for additional terms. City reserves the right to begin negotiations and enter into a contract without interview or further discussions. The committee will rank the proposers and select the top three (or top tier based on the natural score break). The committee will open the fee envelopes after selection of top tier. The Council recommendation will be based on the evaluation score and proposed fees of the top tier. XVII. PUBLIC RECORDS Proposals will become public record after award of contract. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. XVIII. PROTESTS Any protest must be submitted in writing to the Executive Director of Public Works, City of Santa Ana, 20 Civic Center Plaza M-21, Santa Ana, CA 92701. Protests must be received by the City by 5:00 p.m. of the 5th business day following posting of the Request for Proposal or the results or Notice of Intent to Award Contract, on the City's website. Hand delivered protests must be provided to the receptionist in the City Hall Annex/Public Works Counter on the first floor of the City Hall Annex. a. The initial protest document shall contain a complete statement of the basis for the protest. b. The protest shall refer to the specific portion of the RFP or winning proposal, which forms the basis for the protest. C. The protest shall include the name, address and telephone number of the person representing the protesting party. d. The party filing the protest shall concurrently transmit a copy of the initial protest document and any attached documentation to all other parties with a direct financial interest, which may be adversely affected by the outcome of the protest. Such parties shall include all other proposers who appear to have a reasonable prospect of receiving an award depending upon the outcome of the protest. RFP #14-044 — On -Call Emergency Sewer and Water System Repair Services Page 8 am Should a written protest be filed in a timely fashion, a protest hearing shall be held before the Executive Director of Public Works or designee within 10 business days following the City's receipt of protest, or as soon thereafter as may be scheduled. All interested parties may appear and offer testimony at this protest hearing. Formal rules of evidence shall not apply at this hearing, nor shall testimony under oath be required. The burden of proof shall be on the party submitting the protest to demonstrate that the staff's determination of the best value proposal is arbitrary and capricious, or unsupported by substantial evidence in the record. All proposer are advised that if you challenge the City's award of contract in court, you may be limited to raising only those issues you or someone else raised at the public hearing described above, or in written correspondence delivered to the Executive Director of Public Works at, or prior to, the public hearing. The Executive Director of Public Works or designee will issue a written decision. If the Executive Director of Public Works or designee determines that a protest is frivolous, the party originating the protest may be determined to be irresponsible and that party may be determined to be ineligible for future contract awards. The procedure and time limits set forth in this paragraph are mandatory and are the proposer's sole and exclusive remedy in the event of protest and failure to comply with these procedures shall constitute a waiver of any right to further pursue the bid protest, including filing a Government Code Claim or legal proceedings. As a condition of, and throughout the term of the contract, the vendor shall have and maintain the insurance described below. A certificate of insurance, naming the City of Santa Ana as an additional insured, shall be provided to the Buyer before award: Certificate of Insurance (Acord's 25-S form no.) to include: • General Liability -- $1,000,000 each occurrence • Worker's Compensation —Within the limits required by the State of California • Automotive Insurance -- $1,000,000 combined single limit A notation in the Cancellation clause (in the bottom right hand corner) of the Certificate must be made that the City will be mailed 30 days written notice of policy cancellation and the references "endeavor to" and "failure to mail such notice shall impose no obligation or liability of anv kind upon the company, its agents or representatives" shall be either removed or X'd through If the vendor allows their coverage to expire or their insurance is canceled at any time during the contract, the vendor shall provide the Buyer with an updated, valid insurance certification. No additional work shall be performed and no payments will be made until adequate proof of insurance is provided. RFP #14-044 — On -Call Emergency Sewer and Water System Repair Services Page 9 EXHIBIT A CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON-CALL SEWER AND WATER SYSTEM REPAIR SERVICES SCOPE OF SERVICES GENERAL DESCRIPTION The City is soliciting proposals from qualified professional construction firms to provide on-call emergency repair services on an as -needed basis. The City will select up to three firms to provide these services. The purpose of this request for proposals is to obtain qualified construction firms to augment the City's capacity to restore sewer and water service in the event of system failures. The City staffs maintenance and repair crews to keep the sewer and water systems functional. In order to be prepared to respond to large scale emergencies, the City must retain qualified contracting firms experienced in substructures and sewer and water utility facility construction on an as -needed basis. The City of Santa Ana is located in the County of Orange in Southern California. The City encompasses 27.2 square miles and a population over 325,000 people. The City of Santa Ana Public Works Agency — Water Resources Division oversees and maintains the daily operations of the Water System and Sanitary Sewer System. The City of Santa Ana's water system has an average day demand of about 43 MG with 45,000 services. It is comprised of approximately 444 miles of water main, 45 MG of storage at 5 sites, 7 MWD connections, 21 groundwater wells, 7 pump stations, 4 pressure regulating stations and utilizes 2 pressure zones. The City's sanitary sewer system has approximately 8,000 manholes, 390 miles of sewer mains and 2 lift stations. The sewer system collects all sewage and transports it to the Orange County Sanitation District for treatment. Contractor must be able to respond to City's request for emergency repair work in a timely manner. The contractor shall be available 24/7 and ready to respond in the event of an emergency. Service calls shall be responded to within one hour. Contractor's repair crews must be able to arrive at job site within 8 hours of approval from City to commence work. II. SCOPE OF WORK The scope of work will include but not be limited to the excavation, procurement of materials, installation, backfill and paving and all other work necessary to complete the following types of tasks: The repair and construction of Vitrified Clay Pipe (VCP) and Polyvinylchloride (PVC) sewer mains ranging from 6" to 30" in diameter. a. The repair and construction of sewer manholes b. The repair and construction of sewer cleanouts c. The repair and construction of sewer laterals d. Dewatering of excavations e. By pass pumping f. Traffic Control g. Site remediation and cleaning RFP #14-044 — On -Call Emergency Sewer and Water System Repair Services Page 10 2. The repair and construction of water mains (various materials including concrete cylinder and CML&C steel) ranging from 4" to 30" in diameter and related appurtenances. a. The repair and construction of system valves b. The repair and construction of pressure reducing valves c. The repair and construction of fire hydrants d. Dewatering of excavations e. Traffic Control f. Disinfection and flushing g. Site remediation and cleaning 3. The repair and construction of water and sewer pump stations and related appurtenances which may include mechanical, electrical and piping components. The use of Subcontractors is allowed but will require approval by City prior to start of any assigned work. When a Subcontractor performs all or any part of the work, a markup shall be applied to the Subcontractor's actual cost of such work. The Contractor may add a markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the work. RFP #14-044 — On -Call Emergency Sewer and Water System Repair Services Page 11 EXHIBIT B CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON-CALL SEWER AND WATER SYSTEM REPAIR SERVICES SAMPLE AGREEMENT THIS AGREEMENT, made and entered into this X day of XXX, XXXX by and between X (hereinafter "Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS 1. The City desires to retain a Contractor having special skill and knowledge in the field of X. 2. Contractor represents that Contractor is able and willing to provide such services to the City and is licensed by the State of California to provide X. 3. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional X firm. 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: DEFINITIONS (if any) II. TERMS AND CONDITIONS A. TERM The term of this contract shall commence the date of City Council award and approval of all insurance and bonds, and terminate MONTH, DAY, YEAR, unless earlier terminated as set forth in Section H, below. City is hereby granted an option to renew for up to X (X) additional XX (XX) - year periods on the terms and conditions set forth herein. Said options shall be exercised in writing at least thirty (30) days prior to the end of the initial term or any extension thereof. B. CONTINUED FUNDING In the event funding is not allocated for parking control enforcement services during the annual budget approval process, the City shall notify the provider of such occurrence in writing at least thirty (30) days before the end of the current fiscal period, and contract shall terminate on the last day of current fiscal period without penalty or expense to the City C. COMPENSATION City agrees to pay and contractor agrees to accept as total payment for its services, the rates and charges set forth in contractor's proposal, attached hereto and incorporated by reference. The amount to be expended for services shall not exceed (dollar amount) ($ ___ ____) annually during the term of this agreement. RFP #14-044 — On -Call Emergency Sewer and Water System Repair Services Page 12 2. Invoices a. The contractor shall submit a monthly invoice by the fifteenth of the month to the City for the services rendered in the prior month. b. All invoices for work performed under this contract shall be submitted in a format approved by the City. Invoices shall include the following information at a minimum: i. Contractor's invoice number ii. Beginning and ending dates for services iii. City project number and/or name (if applicable) iv. Work site address/location (if applicable) V. Unit cost, subtotals and total for invoice 3. Payment by City shall be made within sixty (60) days following receipt of proper invoice, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance of a professional parking control enforcement services. 4. Price Adjustments The parties may annually agree to an adjustment of charges (not to exceed 2%) commencing at the end of the first year of the agreement, utilizing the month of December statistics and supporting documentation. The two indices which will be used for determining adjustments to services charges shall be the most recent December Consumer Price Index (CPI) for All Urban Consumers for Los Angeles -Anaheim - Riverside CMSA, published by the United States Department of Labor Bureau of Labor Statistics or any relevant successor for the Orange County area (and the December Produce Price Index (PPI). The adjustment formula shall be as follows: The CPI shall be weighted at ninety (901 percent and PPI shall be weighted at ten [10] percent.) 5. Extra Work No new work of any kind shall be considered an extra unless a separate estimate is given for said work and the estimate is approved by the City in writing before the work is commenced. The contractor will be required to provide detailed information of such extra work. Documentation of contract compliance may be required on some occasions. Work performed prior to obtaining written approval of the City shall not be included within the Scope of Work and may not be paid. D. INDEPENDENT CONTRACTOR Contractor shall during the entire term of this contract, be construed to be an independent contractor and not an employee of the City. This contract 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 manner in which contractor performs the services required by this contract. However, the services to be provided by contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's Social Security taxes, unemployment insurance, and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. E. INSURANCE Prior to undertaking performance of work under this contract, contractor shall maintain and shall RFP #14-044 — On -Call Emergency Sewer and Water System Repair Services Page 13 require its subcontractors, if any, to obtain and maintain insurance as described below: Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting there from and damage to property, resulting from any act or occurrence arising out of contractor's operations in the performance of this agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of One Million Dollars ($1,000,000) per occurrence, Two Million Dollars ($2,000,000) in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. A sample additional insured endorsement is attached hereto as Exhibit H. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for owned, hired and nonowned automobiles. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, contractor is required to be insured against liability for Workers' Compensation or to undertake self-insurance. Prior to commencing the performance of the work under this contract, contractor agrees to obtain and maintain any employer's liability insurance with limits not less than One Million Dollars ($1,000,000) per accident. 4. If contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than One Million Dollars ($1,000,000) per claim. 5. The following requirements apply to the insurance to be provided by contractor pursuant to this section: a. Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this agreement. b. Certificates of insurance shall be furnished to the City upon execution of this contract and shall be approved in form by the City Attorney. C. 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. 6. If contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this contract. Such termination shall not affect contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. HOLD HARMLESS/ INDEMNIFICATION RFP #14-044 - On -Call Emergency Sewer and Water System Repair Services Page 14 To the fullest extent permitted by law, contractor shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively, the "indemnified parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a claim; collectively, "claims"), which may arise from or in any manner related (directly or indirectly) to any work performed or services provided under this contract (including, without limitation, defects in workmanship and/or materials) or contractor's presence or activities conducted performing the work (including the negligent and/or willful acts, errors and/or omissions of contractor, its principals, officers, agents, employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require contractor to indemnify the indemnified parties from any claim arising from the sole negligence or willful misconduct of the indemnified parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the contractor. G. 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, sent by telefacsimile communication, or via e-mail to the following persons: To City: Clerk of the Council City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92701 Fax 714-647-6956 With courtesy copy to: Public Works Agency — (Division) To Contractor: H. TERMINATION The City reserves the right to terminate the contract as follows: In the event contractor fails or refuses to timely perform any of the provisions of this agreement in the manner required, or if contractor violates any provision of this agreement, contractor shall be deemed in default. City shall provide written notice of such default to contractor's project manager. Contractor shall cure said default within a period of two (2) working days. If such cure is not completed in a timely manner, City may assess liquidated damages or terminate the agreement forthwith by giving written notice to contractor's project manager. City may, in addition to the other remedies provided in this agreement or authorized by law, terminate this agreement by giving written notice of termination. Contractor shall be responsible for all costs incurred by City, including replacement costs of equipment and labor required to provide service during contractor's default. In the event of such termination for cause, City shall pay contractor that portion of compensation specified in the agreement that is earned and RFP #14-044 — On -Call Emergency Sewer and Water System Repair Services Page 15 unpaid prior to the effective date of termination. Contractor shall not be entitled to any compensation for lost profits it terminated for cause. This agreement may be terminated without cause by City upon thirty (30) days written notice delivered to the contractor either personally or by mail. Upon termination, City shall pay to contractor that portion of compensation specified in the agreement that is earned and unpaid prior to the effective date of termination. 3. In addition to, or in lieu of, remedies provided in this agreement or pursuant to law, City shall have the right to withhold all or a portion of contractor's compensation for contract services if, in the judgment of the projects manager or designee, the level of service falls below appropriate standards and/or contractor fails to satisfactorily perform contract services. City shall have the right to retain funds withheld until the projects manager or designee determines that contract services are performed as well and as frequently as required by this agreement. CONTRACTOR OPTION FOR TERMINATION The contractor may request termination of the contract when conditions during the contract make it impossible to perform or when prevented from proceeding with the contract by act of God, by law or official action of a public authority or in the event on nonpayment by the City. Such request will require one -hundred eighty (180) days written notice prior to contract termination date requested. In the event of nonpayment of undisputed sums by the City, contractor shall give the City thirty (30) working days to cure the alleged breach. J. LIQUIDATED DAMAGES If the City determines that the contractor breaches its promise to provide services in compliance with the Terms and Conditions of applicable laws and regulations, and the specifications set forth above, it would be impracticable and extremely difficult to determine the damage to City arising from such breach. Therefore, in the event of contractor's breach, contractor shall pay to City the sum of $XXX_per hoter'I er oo urrence soe narr�qe for such breach, in addition to any cost, fines, etc. levied against the City. K. EMPLOYMENT OPPORTUNITIES FOR SANTA ANA RESIDENTS Contractor shall solicit and advertise employment opportunities to Santa Ana residents. The City shall inform the contractor of areas to publicize recruitment opportunities, such as work centers and community centers. Such effort and procedure will be provided to the City for review. L. EMPLOYMENT OF DISPLACED SANTA ANA WORKFORCE (Not necessary if no Santa Ana employees will lose jobs) The contractor shall extend offers of employment to any displaced City of Santa Ana employee for a minimum of one (1) year and at a rate commensurate to his/her last base salary amount as an employee of the City of Santa Ana. Thereafter, the contractor may pay according to the contractor normal pay structure. Contractor costs should be amortized over the # year contract period. M. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS RFP #14-044 — On -Call Emergency Sewer and Water System Repair Services Page 16 Contractor shall perform all requirements under this contract in strict observance of and in compliance with all applicable environmental, traffic, safety and any other laws, regulations, ordinances, codes and any other legislative or statutory requirements. 2. Contractor warrants that the performance of services under this contract shall be compliant with the current requirements of the (particularrelevent statutes andlorregulations) and as it may be amended or updated throughout the term of this contract. N. ASSIGNMENT Inasmuch as this contract is intended to secure the specialized services of contractor, contractor may not assign, transfer, delegate or subcontract any interest herein without the prior written consent of City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. O. JURISDICTION — VENUE This contract has been executed and delivered in the State of California and the validity, interpretation, performance and enforcement of any of the clauses of this contract shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this contract. P. FINES The contractor shall be liable for all violation fines levied against the City by federal, state, or local agencies with regulatory authority related to contractor provided services. Q. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council CITY OF SANTA ANA DAVID CAVAZOS City Manager RFP #14-044 — On -Call Emergency Sewer and Water System Repair Services Page 17 APPROVED AS TO FORM: SONIA CARVAHALO City Attorney Bv: XXXX Assistant City Attorney XX Executive Director X Agency FOR APPROVAL: CONTRACTOR Tax ID# RFP #14-044 — On -Call Emergency Sewer and Water System Repair Services Page 18 EXHIBIT C CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON-CALL SEWER AND WATER SYSTEM REPAIR SERVICES PROPOSERS CERTIFICATION and PROPOSAL ITEM PRICING Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit A) and am familiar with the scope of work locations. I am familiar with all the existing conditions and limitation that may impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. Proposal Item Price - Pricing shall be based on a (hourly cost, time and materials basis - see narrative) for services described in Exhibit A. Fee must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, incidental supplies, travel, mileage, and fuel. Any special materials will be purchased by the contractor only after discussed and authorized by the City projects manager or designee in writing. Proposer shall attach a separate hourly rate schedule with hourly rates for staff per mob classification and equipment. The use of Subcontractors is allowed but will require approval by City prior to start of any assigned work. When a Subcontractor performs all or any part of the work, a markup shall be applied to the Subcontractor's actual cost of such work. The Contractor may add a markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the work. LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS BUSINESS ADDRESS PRINTED NAME OF AUTHORIZED AGENT TITLE SIGNATURE OF AUTHORIZED AGENT DATE E-MAIL ADDRESS FEDERAL ID NUMBER (IF APPLICABLE) ENVIRONMENTAL LABORATORY ACCREDIDATION PROGRAM CERTIFICATE NUMBER (ELAP #) THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFP #14-044 — On -Call Emergency Sewer and Water System Repair Services Page 19 EXHIBIT D CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON-CALL SEWER AND WATER SYSTEM REPAIR SERVICES REFERENCES List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference Customer Address: Contract Amount: Description of supplies, equipment, or services provided: Reference Customer Name: Address: Contract Amount: Description of supplies, equipment, or services provided: Reference Customer Name: Address: Contract Amount: Description of supplies, equipment, or services provided: Contact Individual: Phone Number: Facsimile Number: Year: Contact Individual: Phone Number: Facsimile Number Year: Contact Individual: Phone Number: Facsimile Number: Year: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFP #14-044 — On -Call Emergency Sewer and Water System Repair Services Page 20 EXHIBIT E CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON-CALL SEWER AND WATER SYSTEM REPAIR SERVICES PROPOSER'S STATEMENT Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish City all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and City's legal holidays), or the funds, check, draft, or proposer's bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposer's bond substituted in lieu thereof shall be returned to the undersigned. Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the specifications, the certification of nondiscrimination by contractors, and the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this RFP. Firm Signed and Printed Name: Title Date THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFP #14-044 — On -Call Emergency Sewer and Water System Repair Services Page 21 EXHIBIT F CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON-CALL SEWER AND WATER SYSTEM REPAIR SERVICES CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: The contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The contractor shall send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further government contracts or federally assisted construction/services contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965,and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The contractor shall include the portion of the sentence immediately preceding paragraph 1 and the provisions of paragraphs 1 through 7 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation by a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request that the United States enter into such litigation to protect the interests of the United RFP #14-044 — On -Call Emergency Sewer and Water System Repair Services Page 22 States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1039, and as amended, no discrimination shall be made in the employment of persons because of race, religious creed, color national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor violating this section is subject to all the penalties imposed for a violation of the chapter. Firm Signed and Printed Title Date THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFP #14-044 — On -Call Emergency Sewer and Water System Repair Services Page 23 EXHIBIT G CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON-CALL SEWER AND WATER SYSTEM REPAIR SERVICES NONCOLLUSION AFFIDAVIT NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham proposal. Note: The above noncollusion affidavit is part of the proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this noncollusion affidavit. Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution. State of California, County Subscribed and sworn to (or affirmed) before me on this day of , 20_, by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Public Signature Notary Public Seal THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFP #14-044 - On -Call Emergency Sewer and Water System Repair Services Page 24 EXHIBIT H CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON-CALL SEWER AND WATER SYSTEM REPAIR SERVICES SAMPLE ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 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 , this endorsement form as a part of Policy # Issued to Named Insured Countersigned by Authorized Representative SAMPLE ONLY RFP #14-044 - On -Call Emergency Sewer and Water System Repair Services Page 25 A� b? CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYY ) EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 9/15/2014 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(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 Patriot Risk & Insurance Services 8105 Irvine Center Drive #400 Irvine, CA 92618 CONTACT PHONE 949 486-7900 AC No: 949 486-7950 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # 9/1/2014 INSURER A: Valley Fore Insurance Company 205D8 www.patrisk.com OG55454 INSURED T. E. Roberts, Inc. INSURER B: Continental Casualty Company 20443 INSURER C: Torus National Insurance Company 25496 1131 E. Main Street, Suite 201 INSURER D: Hartford Insurance Group $5,000 Deductible Tustin CA 92780 INSURER E NSURER F PERSONAL &ADV INJURY COVERAGES CERTIFICATE NUMBER: 211976944 REVISION NUMBERi 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 ADDLSUBR ACCORDANCE WITH THE POLICY PROVISIONS. POLICY NUMBER POLICY, EFF MMIOD YVVY POLICY EXP MMIDDIYYYY LIMITS A �/ COMMERCIAL GENERAL LIABILITY CLAIMS -MADE F✓ OCCUR �/ 6014373100 9/1/2014 9/1/2015 EACH OCCURRENCE $ 1,000,000 Leonard E. Z minsky PREM IS (Ea occurrence) ) $ 300,000 ✓ MED ESP (Any one person) It 5,000 $5,000 Deductible PERSONAL &ADV INJURY $ 1,000,000 AGGREGATE LIMIT APPLIES PER: POLICY JEST LOC GENERAL AGGREGATE $ 2,000,000 GEHL PRODUCTS-COMNOP AGG $ 2,000,000 $ OTHER: B AUTOMOBILE LIABILITY 6014373114 9/1/2014 9/1/2015 COMBINED SINGLE LIMIT Ea accident $ 1,000 000 BODILY INJURY (Per person) $ ✓ ANY AUTO ALL OS POPOBULEB AUTOS AUTOS BODILY INJURY Per accident ( ) $ ✓ NON -OWNED HIRED AUTOS ✓ AUTOS PROPERTY DAMAGE (Peraccident) $ A ,/ UMBRELLA LIAB I/ OCCUR 6014373128 9/1/2014 9/l/2015 EACH OCCURRENCE $ 6,000 000 AGGREGATE $ 6,000,000 EXCESS LIAB CLAIMS -MADE DED RETENTION$ $ G WORKERS AND EMPLOYERS' LIABILITY YIN NSATION ANY PROPRIETORIPARTNEWEXECUTIVE OFFICERIMEMBER EXCLUDED? ❑ (Mantlalory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA 710140069 9/1/2014 > 9/1/2015 ERHr �/ STATUTE 10 E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE -EA EMPLOYEE $ 1,000,000 E.L. DISEASE -POLICY LIMIT $ 1,000,000 D Inland Marine 72UUMZD1671 2/13/21014 2/13/2015 Rented/Leased Equipment: 100,000 Deductible: $1,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re:Agreement for On‐Call Sewer and Water System Repair Services throughout the City of Santa Ana, CA City of Santa Ana, its officers, employees, agents, volunteers and representatives are named as Additional Insureds, includes Primary and Non-contributory as respects to General Liability per endorsements attached where required by written contract. 30 days notice of cancellation, 10 days for non-payment of premium. CERTIFICATE HOLDER CANCELLATION City Of Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Public Works A enc Water Resources gPlaza THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 Civic Center (M-30) ACCORDANCE WITH THE POLICY PROVISIONS. Santa Ana CA 92701 AUTHORIZED REPRESENTATIVE f s Leonard E. Z minsky © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD CART NO.: 21$76944 Annette gomaro 9/15/2014 3:39:50 PM (PDT) Page 1 of 15 TJ s certificate cancels and supersedes ALL previously issued certificates. 6014373100 CNA T. E. Roberts, Inc. CONTRACTORS' GENERAL LIABILITY EXTENSION ENDORSEMENT G -18652-J (Ed. 07.12) It Is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. The changes this endorsement makes do not apply with respect to any coverage that has been excluded or amended by another endorsement attached to this policy. SCHEDULE Coverage is summarized below. For particulars and limitations affecting each coverage, please refer to the corresponding policy provisions in the body of this endorsement. 1. Additional Insureds Seven additional Insured extensions. 2. Bodily Injury - Expanded Definition 3. Broad Knowledge of Occurrence/ Notice of Occurrence 4. Broad Named Insured S. Broadened Liability Coverage For Damage To "Your Product" And "Your Work" Limit: $100,000. S. Contractual Liability - Railroads Expanded definition of "insured contract." 7. Contractual Liability For Personal And Advertising Injury 8. Electronic Data Liability Loss of Electronic Data Limit: $100,000. 9. Expanded Personal And Advertising Injury - Discrimination Or Humiliation 10. Expected Or Intended Injury Reasonable force - "bodily injury" or "property damage." 11, General Aggregate Limits Of Insurance - Per Project 12. In Rem Actions 13. incidental Health Care Malpractice Coverage 14. Joint Ventures/Partnership/Limited Liability Companies Coverage for your Interest in such terminated or ended organizations. 16. Legal Liability/Alienated Premises/Borrowed Equipment Coverage Extended perils. Default limit increased to $500,000 for Damage to Premises Rented To You. $25,000 limit for "property damage" to borrowed tools orequipment at a Jobsite. 16. Liberalization Clause 17. Liquor Liability Coverage Extension 18. Medical Payments Limits increased to $15,000. Reporting increased to three years from the date of accident, 19. Non -owned Aircraft Coverage 20. Non -owned Watercraft Increased to 75 feet. 21. Primary And Non -Contributory To Other Insurance 22, Property Damage - Elevators 23. Supplementary Payments Cost of bail bonds increased to $5,000. Daily foss of earnings Increased to $1,000. 24. Unintentional Failure To Disclose Hazards 25. Waiver of Subrogation - Blanket Waiver of subrogation where required by written contract or written agreement. 28& Wrap -Up Extension G -18652-J (Ed. 07-12) Page 1 of 12 Copyright, CNA All Rights Reserved. C^ft'P No.: 21$1 J44 Annette ro 9/15/2014 3:39i$0 PIA (PDT) Page 2 nE 15 T is sortrfbrcate caucus and supersedes ALL previously issued certificates. CNA 1. ADDITIONAL INSURED SECTION II — WHO IS AN INSURED is amended to include as an insured any person or organization (called additional insured) described in paragraphs A. through G. below whom you are required to add as an additional insured on this policy under a written contract or written agreement, provided the written contract or written agreement: i. is currently in effect or becomes effective during the term of this policy; and It. Was executed prior to the "bodlly injury," "property damage" or "personal injury and advertising injury" for which the additional insured seeks coverage. However, we will not provide the additional Insured any broader coverage or any higher limit of insurance than the least that is: a. The maximum permitted by law; b. Required in the written contract or written agreement; c. Afforded to you under this policy; or d. Described in the applicable paragraphs A. through G. below. A. Controlling Interest Any persons or organizations with a controlling interest in you but only with respect to their liability arising out of: 1. Their financial control of you; or 2. Premises they own, maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for such additional insured. B. Co-owner of Insured Premises A co-owner of a premises co -owned by you and covered under this Insurance but only with respect to the co -owner's liability as co-owner of such premises. C. Lessor - Equipment G -18852-J (Ed. 07.12) 2. With respect to the insurance afforded to these additional insureds, this Insurance does not apply to any "occurrence" which takes place after the equipment lease expires. D. Lessor - Land An owner or other Interest from whom land has been [eased by you but only with respect to liability arising out of the ownership, maintenance or use of that specific part of the land leased to you and subject to the following additional exclusions: This insurance does not apply to: 1. Any "occurrence" which takes place after you cease to lease that land; or 2. Structural afteraCrons, new construction or demolition operations performed by or on behalf of such additional Insured. E. Lessor - Premises A manager or lessor of premises but only with respect to liability arising out of the ownership, maintenance or use of that specific part of the premises leased to you and subject to the following additional exclusions: 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 additional insured. F. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver but only with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of a promises by you. This insurance does not apply to structural alterations, new construction or demolition operations performed by or for such additional Insured, G. State or Governmental Agency or Subdivision or Political Subdivisions 1. Any person or organization from whom you lease equipment, but only with respect to A state or governmental agency or subdivision liability for "bodily injury," "property damage" or political subdivision subject to the following or "personal and advertising injury" caused, provisions: in whole or in part, by your maintenance, 1. This insurance applies only with respect to operation or use of equipment leased to you the following hazards for which the state or by such person or organization. governmental agency or subdivision or political subdivision has issued a permit or authorization in connection with premises G -18852-J (Ed. 07-12) Page 2 of 12 Copyright, CNA All Rights Reserved CEN'[ NO.: 21$76944 Annette Ime— 9/15/2014 3 3950 PM (PD'T) page 3 n£, 15 '1'h.1s certl lcate canoe s and supersedes ALL previously aasued certificates. you own, rent, or control and to which this Insurance applies: a. The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or b, The construction, erection, or removal of elevators; or c. The ownership, maintenance or use of any elevators covered by this insurance. 2. This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization, 3. This insurance does not apply to: a. "Bodily injury," "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or b. "Bodily injury" or 'property damage" Included within the 'products -completed operations hazard." A governmental permit which requires you to add the governmental entity as an additional insured will trigger this Provision 1. as if the permit were a written contract. 2. BODILY INJURY — EXPANDED DEFINITION SECTION V — DEFINITIONS, the definition of "bodily injury" Is changed to read: "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury by that person at any time which results as a consequence of the bodily Injury, sickness or disease. 3. BROAD KNOWLEDGE OF OCCURRENCE! NOTICE OF OCCURRENCE Condition 2. Duties in The Event of Occurrence, Offense, Claim or Suit of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is amended to add the following provisions: G -18652-J (Ed. 07-12) You must give us or our authorized representative notice of an "occurrence," offense, claim, or "suit' only when the "occurrence," offense, claim or "suit' is known to: (1) You, 0 you are an Individual; (2) A partner, if you are a partnership; (3) An executive officer or the employee designated by you to give such notice, If you are a corporation; or (4) A manager, if you are a limited liability company. B. NOTICE OF OCCURRENCE Your rights under this Coverage Part will not be prejudiced if you fail to give us notice of an "occurrence," offense, claim or "suit" and that failure is solely due to your reasonable belief that the "bodily injury" or °property damage" is not covered under this Coverage Part. However, you shall give written notice of this "occurrence," offense, claim or "suit' to us as soon as you are aware that this insurance may apply to such 'occurrence," offense claim or "suit " 4. BROAD NAMED INSURED A. Any subsidiary or affiliate organization, other than a partnership, joint venture or limited liability company, in which a Named Insured specifically shown in the Declarations has management control, directly or through one or more subsidiary organizations, at the time of loss will qualify as a Named Insured but only if there is no other similar insurance available to such organization, nor similar insurance which would be available but for exhaustion of its limits. For the purpose of this provision, similar insurance means general liability or equivalent Insurance, no matter whether its coverage Is broader or narrower than that provided by this insurance. But if the only other similar insurance is for a 'consolidated (wrap-up) program," then a subsidiary that qualifies as a Named Insured on such project -specific insurance can still quality as a Named Insured on this Insurance, but not for projects covered by the 'consolidated (wrap-up) program." [Please see Item 26.C. of this endorsement for the definition of "consolidated (wrap-up) program."] B. This endorsement does not apply to any organization for which coverage is excluded by another endorsement attached to this policy. A. BROAD KNOWLEDGE OF OCCURRENCE G -18652-J (Ed. 07-12) Page 3 of 12 Copyright, CNA AI! Rights Reserved. 11MNO.: 21$]6'j44 Mnctte Romero 9/15/2014 3:39:50 PM (PDT( Pngn 4 cf. 15 8 certificate cancels and supersedes ALL previously issued certificates. C. Only for the purpose of this endorsement: 1. Management control means: a. Ownership Interest representing more than 50% of the voting, appointment, or designation power for the subsidiary organization's governing body; or b. Having the right, pursuant to a written contract, or pursuant to the by-laws, charter, operating agreement, or similar document of a specifically shown Named Insured or controlled subsidiary organization to select, appoint, or designate a majority of the subsidiary organization's governing body. Such contract or document must have been created prior to the time of loss; or c. Having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or transfer and sell property held by a trust. 2. Governing body means the Board of Directors of a corporation. 3. Loss means: a. The occurring of the "bodily injury" or "property damage"; or b. The committing of the offense that caused the "personal and advertising injury." D. The Insurance provided by this policy applies to Named Insureds when trading under their own names, or under such trading names or doing - business -as (DBA) names as any should choose to employ. 5. BROADENED LIABILITY COVERAGE FOR DAMAGE TO "YOUR PRODUCT" AND "YOUR WORK" G -18652-J (Ed. 07-12) (4) Explosion. 1„ Damage to Your Work "Property damage" to "your work" arising out of it, or any part of It and Included in the "products - completed operations hazard." This exclusion does not apply: (1) If the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor; or (2) If the cause of toss to the damaged work arises as a result of: (a) Fire; (b) Smoke; (c) Collapse; or (d) Explosion. B. The following paragraph is added to SECTION III — LIMITS OF INSURANCE: Subject to 5. above, $100,000 Is the most we will pay under Coverage A for the sum of damages arising out of any one "occurrence" because of "property damage" to "your product" and "your work" that is caused by fire, smoke, collapse or explosion and is included within the "product -completed operations hazard." This sublimit does not apply to "property damage" to "your work" if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. C, This Provision 5. Broadened Liability Coverage For Damage To "Your Product" And "Your Work" does not apply if an endorsement of the same name is attached to this policy. 6. CONTRACTUAL LIABILITY — RAILROADS A. Under SECTION 1 — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE With respect to operations performed within 50 feet LIABILITY, Paragraph 2. Exclusions is amended of railroad property, the definition of"insured to delete exclusions k. and I. and replace them contract" in SECTION V — DEFINITIONS is replaced with the following: by the following: [This insurance does not apply to:] k. Damage to Your Product "Property damage" to "your product" arising out of it, or any part of it except when caused by or resulting from: (1) Fire; (2) Smoke; (3) Collapse; or 6-18652-) (Ed. 07-12) Page 4 of 12 "Insured Contract" means: a. A contract for a lease of promises. However, that portion of the contract for a lease of premises that Indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner Is not an "Insured contract"; b. A sidetrack agreement; c. Any easement or license agreement; Copyright, CNA All Rights Reserved. TW1 No.: z1;7P 44 Avnatte Romero 9/15/2014 3139:50 PM (PDT) Pw:J 5 of15 This certii icate cancels and supersedes ALL previously issued certificates. G -18652-J (Ed. 07-12) d, An obligation, as required by ordinance, to Damages arising out of the loss of, loss of use indemnify a municipality, except in connection of, damage to, corruption of, inability to access, with work for a municipality; or inability to manipulate "electronic data" that e. An elevator maintenance agreement; does not result from physical injury to tangible property, f. That part of any other contract or agreement However, this exclusion does not apply to pertaining to your business (including an liability for damages because of "bodily injury." Indemnification of a municipality in connection with work performed for a municipality) under B, The following paragraph is added to SECTION which you assume the tort liability of another iII — LIMITS OF INSURANCE: party to pay for "bodily injury" or "property damage" to a third person or organization. Tort Subject to 5. above, $100,000 is the most we liability means a liability that would be imposed will pay under Coverage A for all damages arising out of any one °occurrence" because of by law in the absence of any contract or "property damage" that results from physical agreement. Injury to tangible property and arises out of Paragraph f. does not include that part of any "electronic data," contract or agreement: C. The following definition is added to the (1) That indemnifies an architect, engineer or SECTIONV— DEFINITIONS: surveyor for injury or damage arising out of: "Electronic data" means information, facts or (a) Preparing, approving or failing to programs stored as or on, created or used on, prepare or approve maps, shop or transmitted to or from computer software drawings, opinions, reports, surveys, (Including systems and applications software), field orders, change orders or drawings hard or floppy disks, CD-ROMS, tapes, drives, and specifications; or cells, data processing devices or any other (b) Giving directions or instructions, or media which are used with electronically controlled equipment, failing to give them, if that is the primary cause of the Injury or damage; D. For the purposes of the coverage provided by (2) Under which the insured, if an architect, this endorsement, the definition of "property damage" SECTION V —DEFINITIONS is engineer or surveyor, assumes liability for replaced by the following: y an injury or damage arising out of the insured's rendering or failure to render 17. "Property damage" means: professional services, Including those listed a. Physical injury to tangible property, In (1) above and supervisory, inspection, including ail resulting loss of use of that architectural or engineering activities. properly. All such loss of use shall be 7. CONTRACTUAL LIABILITY FOR PERSONAL deemed to occur at the time of the AND ADVERTISING INJURY physical injury that caused it; Under SECTION i— COVERAGE B—PERSONAL b. Loss of use of tangible property that is AND ADVERTISING INJURY LIABILITY, Paragraph not physically injured. All such loss of 2. Exclusions is amended to delete exclusion e. use shall be deemed to occur at the Contractual Liability. time of the "occurrence" that caused it; This provision 7. does not apply to any person or or organization who otherwise qualifies as an a Loss of, loss of use of, damage to, additional insured on this Coverage Part. corruption of, inability to access, or S. ELECTRONIC DATA LIABILITY inability to properly manipulate electronic data," resulting from physical A. Under SECTION I — COVERAGE A — BODILY Injury to tangible property. All such loss INJURY AND PROPERTY DAMAGE, of 'electronic data" shall be deemed to Paragraph 2. Exclusions is amended to delete occur at the time of the "occurrence" exclusion p. Electronic Data and replace it with that caused it. the following: For the purposes of this insurance, [This insurance does not apply to:] "eiectronio data" is not tangible property. p. Electronic Data E. If Electronic Data Liability is provided at a higher limit by another endorsement attached to this G-1 8652-J (Ed. 07-12) Page 5 of 12 Copyright, CNA AU Rights Rsservsd. ceN'f W.: 24 �6 P44 hMOttO Rry� ro 9/15/2014 3r'M:50 TO (PDT) xa:a 6 Of, 15 Th.rs cextiPicate ca.noela and supersedes ALL previously issued certifioates. policy, then the $100,000 limit provided by this Provision 8. Electronic Data Liability is part of, and not in addition to, that higher limit, 9. EXPANDED PERSONAL AND ADVERTISING INJURY - DISCRIMINATION OR HUMILIATION A. SECTION V — DEFINITIONS Is amended to add the following to the definition of "Personal and advertising injury": h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation Is: (1) Not done intentionally by or at the direction of: (a) The insured; or (b) Any "executive officer," director, stockholder, partner, member or manager (it you are a limited liability company) of the insured; and (2) Not directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person or persons by any insured. B. Under SECTION I — COVERAGE B — PERSONAL AND ADVERTISING INJURY LIABILITY, Paragraph 2. Exclusions is amended to add the following additional exclusions: [This insurance does not apply to:] Discrimination Relating To Room, Dwelling or Premises "Personal or advertising injury" caused by discrimination directly or indirectly related to the sale, rental, lease or sub -lease or prospective sale, rental, lease or sub -lease of any room, dwelling or promises by or at the direction of any insured. Fines Or Penalties Fines or penalties levied or imposed by a governmental entity because of discrimination. This provision 9. does not apply to any person or organization who otherwise qualifies as an additional Insured on this Coverage Part. 10. EXPECTED OR INTENDED INJURY Intended Injury and replace It with the following. [This Insurance does not apply to:] a. Expected or Intended Injury "Bodily Injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodity, Injury" or "property damage" resulting from the use of reasonable force to protect persons or property. 11. GENERAL AGGREGATE LIMITS OF INSURANCE - PER PROJECT A. For each construction project away from premises you own or rent, a separate Construction Project General Aggregate Limit, equal to the amount of the General Aggregate Limit, is the most we will pay for the sum of: 1. All damages under Coverage A, except damages because of "bodily Injury" or "property damage° Included In the "products-complated operations hazard"; and 2. All medical expenses under Coverage C, that arise from "occurrences" or accidents which can be attributed solely to ongoing operations at that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the Construction Project Aggregate Limit of any other construction project. B. All: 1. Damages under Coverage B, regardless of the number of locations or construction projects Involved; 2. Damages under Coverage A, caused by "Occurrences" which cannot be attributed solely to ongoing operations at a single construction project, except damages because of "bodily injury" or "property damage" included in the "products - completed operations hazard'; and 3. Medical expenses under Coverage C caused by accidents which cannot be attributed solely to ongoing operations at a single construction project, Under SECTION I — COVERAGE A — BODILY will reduce the General Aggregate Limit shown INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph 2. Exclusions is in the Declarations. amended to delete exclusion a. Expected or G -18852-J (Ed. 07-12) Page 8 of 12 Copyright, CKA All Rights Reserved, CF.R'}' N0., 2A;'/6 JA4 Annbtta Rwnomo 9J15)201A 3,33:50 ^H (£DT) Pdge l a£ 15 Phza Certificate cancels and supersedes ALL previously issued certificates. L C. The limits shown in the Declarations for Each Occurrence, for Damage To Premises Rented To You and for Medical Expense continue to apply, but will be subject to either the Construction Project Aggregate Limit or the General Aggregate Limit, depending on whether the "occurrence" can be attributed solely to ongoing operations at a particular construction project. D. When coverage for liability arising out of the "products -completed operations hazard" is provided, any payments for damages because of "bodily Injury° or "property damage" included in the "products -completed operations hazard," regardless of the number of locations involved will reduce the Products -Completed Operations Aggregate Limit shown in the Declarations. E. If a single construction project away from premises owned by or rented to the Insured has been abandoned and then restarted, or If the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. F. The provisions of SECTION III — LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. 12. IN REM ACTIONS Any action in rem against any vessel owned or operated by or for you, or chartered by or for you will be treated in the same manner as though tate action were in personam against you. In rem is a term used to designate actions instituted against the thing, as distinct from actions against the person, which are said to be in personam. 13. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE A. With respect only to "bodily injury" that arises out of a "health care incident," COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY OF SECTION t — COVERAGES is amended to replace insuring Agreement Paragraphs 1.1b.(1) and 1.b.(2) with the following: b. This insurance applies to "bodily injury" only If you are not in the business of providing professional health care services, and only if: (1) The "bodity injury" is caused by an "occurrence" that takes place in the "coverage territory." For the purpose of this insurance: G -18652-J (Ed. 07-12) Page 7 of 12 G -18652-J (Ed. 07-12) (a) "Bodily injury" caused by a "health care incident" will be considered caused by an "occurrence"; and (b) Ail acts, errors or omissions that are logically connected by any common fact, circumstance, situation, transaction, event, advice or decision will be considered to constitute a single "occurrence"; (2) The "bodily injury" occurs during the policy period. All "bodily injury" arising from an "occurrence" will be deemed to have occurred at the time of the first act, error, or omission that is part of the "occurrence"; and B. With respect only to the insurance provided by this Provision 13., Exclusion 2.e. Employer's Liability of SECTION i — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE, is amended to append the following: Only for "bodily injury" not covered by other liability insurance (Including state -sanctioned self insurance) available to the insured (or which would be available but for exhaustion of its limits), this exclusion does not apply to "bodily injury" that arises out of a "health care Incident" C. SECTION V — DEFINITIONS is amended to add the following new definition: "Health care incident" means a negligent act, error or omission by your "employees" or "volunteer workers" working on your behalf in the rendering of or failure to render professional health care services in any of the following capacities, or the related furnishing of food, beverages, medical supplies or appliances: a. Physician; b. Nurse; o. Emergency medical technician; d. Paramedic; e. Chiropractor; I. Dentist; g. Athletic trainer; h. Audiologist; 1. Physical therapist; j. Psychologist; k. Speech therapist; 1. Other allied health professional; or Copyright, CNA All Rights Reserved. NNO. , 21j"16244 AnnQUO Romero 9/15/2014 3t39:5D PM (PDT) Page D of15 cart l.Ercate enncels and supersedes ALL previ.onsly issued certificates. m. Provider of first aid or Good Samaritan services rendered in an emergency and for which no payment is demanded or received. D. SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE, Paragraph 2. Exclusions is amended to add the following additional exclusions. These new exclusions apply only to this Incidental Health Care Malpractice Coverage: (This Insurance does not apply to:) Dishonesty or Crime Any dishonest, criminal or malicious act, error or omission. Clinical Trials / Product Tasting Acts, errors or omissions that occur in the course of human clinical trials or product testing. Medicare/Medicald Fraud Medicare or Medicaid fraud or abuse. Services Excluded by Endorsement a. "bodily injury" to a co -"volunteer worker" while performing duties related to the conduct of your business; and It. "bodily injury" to an "employee" while in the course of the "employee's" employment by you or while performing duties related to the conduct of your business; when such "bodily injury" arises out of a "health care incident.° 3. Paragraphs 2.a. (1)(a), (b) and (c) of SECTION 11— WHO IS AN INSURED do not apply to "bodily injury" for which insurance Is provided this Provision 13. 4. Paragraph 2.a.(1)(d) of SECTION II — WHO IS AN INSURED is deleted. G. With respect to the insurance provided by this Provision 13., the following is added to Paragraph 4.1.(1) of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: Any "heafth care incident" for which coverage is To the extent this insurance applies, It Is excess excluded by endorsement, over any of the other insurance (including E. SECTION V —DEFINITIONS is amended to add qualified self insurance), whether primary, excess, contingent or on any other basis, the following subparagraph to Paragraph f, of except for insurance purchased specifically by the definition of "insured contract": you to be excess of this policy. Paragraph f. does not include that part of any contract or agreement: (4) Under which you assume another's tort liability for "bodily injury" arising out of the rendering of or failure to render professional health care services. F. SECTION it — WHO IS AN INSURED is amended to add the following provisions: 1. Your "employees" are insureds with respect to: a. "bodily Injury" to a co -"employee" while in the course of the co•"amployee's" employment by you or while performing duties related to the conduct of your business; and b. "bodily injury" to a "volunteer worker" while performing duties related to the conduct of your business; when such "bodlly injury" arises out of a "health care incident,' 2. Your "volunteer workers" are insureds with respect to: G -16662•J (Ed. 07-12) Page 6 of 12 14. JOINT VENTURES / PARTNERSHIP / LIMITED LIABILITY COMPANIES A. The following Is added to SECTION It — WHO IS AN INSURED: 4. You are an insured when you had an interest In a joint venture, partnership or limited liability company which terminated or ended prior to or during this policy period, but only to the extent of your interest in such joint venture, partnership or limited liability company. This coverage does not apply: a, Prior to the termination date of any joint venture, partnership or limited liability company; b. If there is other valid and collectible insurance purchased specifically to Insure the partnership, joint venture or limited liability company; or c. To a joint venture, partnership or limited liability company which is or was insured under a "consolidated (wrap-up) insurance program." Copyright, CNA All Rights Reserved. 'SA')' NO., 21j"4j44 Mnatte Aomero 0)1512014 339; i0 PM (RPC) Pa92 9 of 15 Phis certificate cancels and supersedes ALL previously issued certificates. [Please see Item 26.C. of this endorsement for the definition of °consolidated (wrap-up) program."] B. The last paragraph of SECTION II — WHO IS AN INSURED Is deleted and replaced by the following: Except as provided under the Contractors' General Liability Extension Endorsement or by the attachment of another endorsement (if any), 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. 15. LEGAL LIABILITY/ALIENATED PREMISES/ BORROWED EQUIPMENT A. Under SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE, Paragraph 2. Exclusions is amended to delete exclusion J. Darnage to Property in its entirety and replace it with the following: [This insurance does not apply to:] J. Damage to Property "Property damage" to: (1) Property you own, rent, or occupy; (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 cars, 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. Paragraph (2) of this exclusion does not apply if the promises are "your work." Paragraphs (3) and (4) of this exclusion do not apply to "property damage" to tools or equipment loaned to you. A separate limit of Insurance applies to such tools or equipment that are damaged while being used in your operations, 0-16652-J (Ed. 07-12) Page g of 12 Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises rented to you or temporarily occupied by you with the permission of the owner, or to the contents of promises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described In SECTION III — LIMITS OF INSURANCE. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products -completed operations hazard." B. Under SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE the last paragraph of Paragraph 2. Exclusions Is deleted and replaced by the following. Exclusions c. through n, do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner nor to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in SECTION III — LIMITS OF INSURANCE. C. The following paragraph is added to SECTION III — LIMITS OF INSURANCE: Subject to 5. above, $25,000 is the most we will pay under Coverage A for damages arising out of any one "occurrence° because of "property damage" to tools or equipment loaned to you by others that occurs while the equipment is being used to perform operations. D. Paragraph 6. Damage To Premises Rented To You Limit of SECTION III — LIMITS OF INSURANCE is replaced by the following: 6. Subject to Paragraph 5. above, (the Each Occurrence Limit), the Damage To Premises Rented To You Limit is the most we will pay under SECTION — I — COVERAGE A for damages because of "property damage" to any one promises while rented to you or temporarily occupied by you with the permission of the owner, including contents of such promises rented to you for a period of 7 or fewer consecutive days. The Damage To Premises Rented To You Limit is the greater of: a, $500,000; or Copyright, CNA All Rights Reserved. M27 W.: 21544944 Annette Romero 115/2014 3:39,50 RM (PDT) Page 10 0£ ].5 M27 cert i, a.cate cancels and supersedes ALL previously issued certificates. b. The Damage To Premises Rented To You Limit shown in the Declarations. E. Paragraph 4.b.(1)(a)(11) of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is deleted and replaced by the following: (ii) That Is property Insurance for premises rented to you, for premises temporarily occupied by you with the permission of the owner; or for personal property of others in your care, custody or control; F. This Provision 15, does not apply if Damage To Premises Rented To You Liability under SECTION — I — COVERAGE A is excluded by endorsement. 16. LIBERALIZATION CLAUSE If we adopt a change in our forms or rules which would broaden coverage for contractors under this endorsement without an additional premium charge, your policy will automatically provide the additional coverage as of the date the revision is effective In your state. 17. LIQUOR LIABILITY Under SECTION I — COVERAGE A— BODILY INJURY AND PROPERTY DAMAGE, Paragraph 2. Exclusions is amended to delete exclusion c. Liquor Liability. This provision 17. does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 16. MEDICAL PAYMENTS A. Paragraph 7. Medical Expense Limit, of SECTION III — LIMITS OF INSURANCE is deleted and replaced by the following: 7. Subject to Paragraph 5. above (the Each Occurrence Limit), the Medical Expense Limit is the most we will pay under SECTION — 1 — COVERAGE C for all medical expenses because of "bodily injury, sustained by any one person. The Medical Expense Limit is the greater of: (1) $15,000; or (2) The amount shown in the Declarations for Medical Expense Limit. B. Paragraph 1.a.(3)(b) of SECTION I — COVERAGE C MEDICAL PAYMENTS, is replaced by the following: (b) The expenses are incurred and reported to us within three years of the date of the accident; and G -16652-J (Ed. 07-12) Page 10 of 12 G -16652-J (Ed. 07-12) This paragraph B. does not apply to medical expenses incurred in the state of Missouri. 19. NON -OWNED AIRCRAFT Under SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY. Paragraph 2. Exclusions is amended such that exclusion 9. Aircraft, Auto or Watercraft does not apply to an aircraft you do not own, provided that: 1. The pilot In command holds a currently effective certificate issued by the duty constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot; 2. The aircraft is rented to you with a trained, paid crew; and 3. The aircraft does not transport persons or cargo fora charge. 20. NON -OWNED WATERCRAFT Under SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph 2. Exclusions is amended to delete subparagraph (2) of exclusion 9. Aircraft, Auto or Watercraft and replace it with the following. [This exclusion does not apply to:] (2) A watercraft you do not own that is: (a) Less than 75 feet long; and (b) Not being used to carry persons or property for a charge. 21. PRIMARY AND NON-CONTRIBUTORY TO OTHER INSURANCE With respect to any person or organization that Is an additional insured under this Coverage Part, the following is added to Paragraph 4. of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: If you have agreed in writing in a contract or agreement that this insurance is primary and non- contributory relative to an additional insured's own Insurance, then this insurance is primary and we will not seek contribution from that other insurance. For the purpose of this Provision 21., the additional insured's own insurance means Insurance on Which the additional Insured is a Named Insured. This Provision 21. does not apply in situations where the endorsement on this policy affording coverage to the additional Insured specifies that this insurance Is excess over any other insurance available to that additional insured. 22. PROPERTY DAMAGE —ELEVATORS Copyright, CNA All Rights Reserved, F ep' m0.: 21u7t944 Mn 11. ...e 3115,12014 3 39,50 PM (➢PT) ,Page a1 of 15 T�fiia cern ioate cancels and supersedes ALL previously issued certificates. A. Under SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE, Paragraph 2. Exclusions is amended such that exclusion k. Damage to Your Product, and subparagraph (3), (4) and (6) of exclusion j. Damage to Property do not apply "property damage" that results from the use of elevators. B. With respect only to the coverage provided by this endorsement, Condition 4. Other Insurance in SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is amended to add the following subparagraph b.(1)(a)(v): 4, Other Insurance b. Excess Insurance (1) This insurance is excess over: (a) Any of the other Insurance, whether primary, excess, contingent or on any other basis: (v) That is Property insurance covering property of others damaged from the use of elevators. 23. SUPPLEMENTARY PAYMENTS A. Under Section I — Supplementary Payments— Coverages A and B, Paragraph 1.b., the limit of $250 shown for the cost of bail bonds is replaced by $5,000: B. In Paragraph 1.d., the limit of $250 shown for daily loss of earnings is replaced by $1,000. 24. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If unintentionally you should fail to disclose all existing hazards at the inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. 25. WAIVER OF SUBGROGATION - BLANKET Under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, The Transfer Of Rights Of Recovery Against Others To Us Condition is amended by the addition of the following: We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of: G -18652-J (Ed. 07-12) However, this waiver applies only when you have agreed in writing to waive such rights of recovery In a contract or agreement, and only if the contract or agreement: 1. Is in effect or becomes effective during the term of this policy; and 2. Was executed prior to loss. 26. WRAP-UP EXTENSION: OWNER CONTROLLED INSURANCE PROGRAM, CONTRACTOR CONTROLLED INSURANCE PROGRAM OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Note: The following provision does not apply to any public construction project in the state of Oklahoma, nor to any construction project in the state of Alaska, that is not permitted to be insured under a "consolidated (wrap-up) Insurance program" by applicable state statute or regulation: If the endorsement EXCLUSION — CONSTRUCTION WRAP-UP or another exclusionary endorsement pertaining to Owner Controlled Insurance Programs (O.C.I.P.) or Contractor Controlled Insurance Programs (C.C.I.P.) is attached to this policy, then the following changes apply: A. The following wording is added to the endorsement: With respect to a "consolidated (wrap-up) insurance program" project in which you are or were involved, this exclusion does not apply to those sums you become legally obligated to pay as damages because of: 1. "Bodily injury," "property damage," or "personal or advertising injury" that occurs during your ongoing operations at the project, or during such operations of anyone acting on your behalf; nor 2. "Bodily injury" or "property damage" Included within the "products -completed operations hazard" that arises out of those portions of the project that are not "residential structures." B. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is amended to add the following subparagraph 4.b.(1)(c) to Condition 4. Other Insurance: [This insurance is excess over:] 1. Your ongoing operations; or (c) Any of the other insurance whether primary, excess, contingent or any other basis that is 2. "Your work" included in the "products completed insurance available to you as a result of operations hazard." your being a participant in a "consolidated (wrap-up) insurance program," but only as G-18652-J(Ed.07.12) Page 11 of 12 Copyright, CNA All Rights Reserved, CERT NO.: 2157 944 An"este Romemo 9/15/2014 3:39150 PM (POT) Page 12 of 15 Th.1s certi icate cancels and supersedes ALL previously issued certificates. respects your involvement In that "consolidated (wrap-up) insurance program." C. SECTION V — DEFINITIONS is amended to add the following definition: "Consolidated (wrap-up) insurance program" means a construction, erection or demolition project for which the prime contractorlproject manager or owner of the construction project has secured general liability Insurance covering some or all of the contractors or subcontractors involved in the project, such as an Owner Controlled Insurance Program (O,C.I.P.) or Contractor Controlled Insurance Program (C.C.I.P.). "Residential structure" means any structure where 30% or more of the square foot area is used or is intended to be used for human All other terms and conditions of the Policy remain unchanged. G -18652-J (Ed. 07-12) residency including but not limited to single or multifamily housing, apartments, condominiums, townhouses, oo-operatives or planned unit developments and also includes their common areas and/or appurtenant structures (including pools, hot tubs, detached garages, guest houses or any similar structures). When there is no individual ownership of units, residential structure does not include military housing, collegeluniversity housing or dormitories, long term care facilities, hotels, or motels. Residential structure also does not include hospitals or prisons. This provision 26. does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. G -16652-J (Ed. 07.12) Page 12 of 12 Material used with permission of ISO Properties, Inc Copyright, CNA All Rights Reserved. esag ,;o.: 21476g4n Annette avv 9/15/2014 3:39e56 PM (PDTJ Dove 13 vt is This certificate cancels and supersedes ALT., previously issued certificates. 6014373100 T, E. Roberts, Inc. G-1 &wAIA40331-D 01/1 01113) BLANKET ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - WITH PRODUCTS-COMPLETED OPERATIONS COVERAGE It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows: bUHtUVLt Name of Additional Insured Persons Or Organizations (As required by "written contract" per Paragraph A. below.) Locations of Covered Operations (As per the "written contract," provided the location is within the "coverage territory" of this Coverage Part.) A. Section ii - Who is An Insured is amended to Include as an additional insured: 1. Any person or organization whom you are required by "written contract" to add as an additional insured on this Coverage Part; and 2. The particular person or organization, if any, scheduled above, S. The insurance provided to the additional insured is limited as follows: 1. The person or organization Is an additional insured only with respect to liability for "bodily injury,° "property damage," or "personal and advertising Injury" caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your ongoing operations specified in the "written contract"; or b. "Your work" that Is specified in the "written contract" but only for "bodily Injury" or "property damage" included In the "products -completed operations hazard," and only if: (1) The "written contraoV requires you to provide the additional insured such coverage; and (2) This Coverage Part provides such coverage. 2. If the "written contract" specifically requires you to provide additional insurance coverage via the 10/01 edition of CG2010 (aka CG 20 10 10 01), or via the 10/01 edition of CG2037 (aka CG 20 37 10 01), or via the 11/85 edition of CG2010 (aka CG 20 10 11 85), then in paragraph 8,1, above, the words 'caused in whole or in part by' are replaced by the words 'arising out of'. 3. We will not provide the additional insured any broader coverage or any higher limit of insurance than: a. The maximum permitted by law; b. That required by the "written contract"; c. That described in 8.1. above; or d. That afforded to you under this policy, whichever is less. 4. Notwithstanding anything to the contrary in Condition 4. Other Insurance (Section IV), this Insurance is excess of all other insurance available to the additional insured whether on a primary, excess, contingent or G -140331-D (Ed. 01/13) Page 1 of 2 copyright, CNA At Rights Reserved. G A'p No.: 21576,44 An Ott¢ 1Omero 9/15/2oi4 :1:99,50 en (PDT) rnge 14 of 15 Trtus certi£rcate cause�is and super saes ALL previously issued certificates. G -140331-D (Ed. 01/13) any other basis. But If required by the "written contract' to be primary and non-contributory, this insurance will be primary and non-contributory relative to insurance on which the additional insured is a Named Insured, 5. The insurance provided to the additional insured does not apply to "bodily Injury," 'property damage," or "personal and advertising Injury" arising out of: a. The rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: (1) The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities; or b. Any promises or work for which the additional insured Is specifically listed as an additional insured on another endorsement attached to this Coverage Part. C. SECTION IV— COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: 1. The Duties In The Event of Occurrence, Offense, Claim or Suit condition is amended to add the following additional conditions applicable to the additional Insured: An additional insured under this endorsement will as soon as practicable: (1) Give us written notice of an "occurrence" or an offense which may result in a claim or "suit' under this Insurance, and of any claim or "suit' that does result; (2) Except as provided In Paragraph B.4. of this endorsement, agree to make available any other insurance the additional insured has for a loss we cover under this Coverage Part; (3) Send us copies of all legal papers received, and otherwise cooperate with us in the Investigation, defense, or settlement of the claim or "suit"; and (4) Tender the defense and indemnity of any claim or "suit" to any other insurer or self insurer whose policy or program applies to a loss we cover under this Coverage Part. But if the "written contract' requires this insurance to be primary and non-contributory, this provision (4) does not apply to insurance on which the additional insured is a Named Insured. We have no duty to defend or indemnify an additional insured under this endorsement until we receive from the additional insured written notice of a claim or "suit." D. Only for the purpose of the insurance provided by this endorsement, SECTION V — DEFINITIONS is amended to add the following definition: "Written contract" means a written contract or written agreement that requires you to make a person or organization an additional insured on this Coverage Part, provided the contract or agreement; 1. Is currently in effect or becomes effective during the term of this policy; and 2. Was executed prior to: a. The "bodily injury" or "property damage"; or b. The offense that caused the 'personal and advertising injury," for which the additional insured seeks coverage under this Coverage Part. All other terms and conditions of the Policy remain unchanged. Material used with permission of ISO Properties, Inc. G -140331-D (Ed.01/13) Page 2 of 2 Copyright, CNA All Rights Reserved, OA'}' NC.: 215)5844 Annert. Tum ,o 9/15/203.4 39:50 PM (PCT) Pante 15 of 15 us certificate Ca.nCeS and supersedes ALL preVlOUSly issued Certificates. , ccs► ca► CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDrYYYY) ' 911/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE H'=OLDER. 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 Patriot Disk & Insurance Services ����ACT 100 Spectrum Center Drive, Suite #400 Irvine CA 92618 15iI(7NE 949 Alc,hla_Ex11, 4x49 as) 6- 900 A/C Nal: 4 1486-7950 E-MAIL ADDRESS: 91112016 EACH OCCURRENCE $ 1,000,000 PPREMISEs Ea_o_g94 ence $ 300,000........ iNSURFR(Sl AFFORDING COVERAGE NAIC wuaw.patrisk.cDm OG55454 _ RSURERA: Valle Forge lnsura! Company_..._ 20500 INSURED T. ts, IAv INSURER B; Continental Casualty Company x... 20443 INSURER C : Torus National Insurance Company .._. 25496 3. 306 W..Kat Katella Avenue,. Unit 'B' _ INSURER D: Orange CA 92867 INSURER E. INSURER F: AGGREGATE LIMIT APPLIES PER: ✓ POLICY ECT E LOC =MWra.acrexer n"eArar INEIW 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. INTR LTR ITYPE OF INSURANCE �,ADDL JUMV SUBR D POLICY NUMBER POLICY EFF.... MMiDDIYYYY POLICY EXP MMIDD/YYYY _ OMITS A / COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR 6014373100 91112015 91112016 EACH OCCURRENCE $ 1,000,000 PPREMISEs Ea_o_g94 ence $ 300,000........ V MED EXP (Anyone person)$ 5„000 $SOCIO Deductible PERSONAL&ADV 'INJURY .. $.... 1,000,000 AGGREGATE LIMIT APPLIES PER: ✓ POLICY ECT E LOC GENERAL AGGREGATE �. �.._ 2,000,000 ._.-_ m_._.. ...._ PRODUCTS -COMP!(7PAC.roLx' $ 2,000,000' .._ GEN'L $ OTHER: B AUTO MOBILELIABILITY 6014373114 911/2015 911/2016 COMBINEDSINGLELIMIT $ Ea accident. 1,000 000 BODILY INJURY (Per person,) $ f ANY AUTO ALL OWNED SCHAUTOS AUTOS AUTOS BODILY INJURY Per accident) S (NON -OWNED HIRED AUTOS AUTOS k PROPERTYDAI+AAGE Peraer�deatY $ $ A ✓_ UMBRELLA LIAB ,�^_ OCCUR 6014373128 9/1/2015 91112016 EACH OCCURRENCE $ 6,000,000 EXCESS LIAR CLAIMS -MADE .�� _m. ._.. AGGREGATE $ 6,000,000'.. DED RETENTION $ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERIM EMBER EXCLUDED? N P A. 710140069 9/112015 911/2016 77 7P—ER�TH- ✓ STATUTE ER. E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE- EA EMPLOYE s 1,000,000 ___..,._. .__. (Mandatary In and Iff yes, describe under � '_,.-. DESCRIPTION OF OPERATOONS below E L DISEASE - POLICY LIMBI $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHMCLES (ACORD 101, Additional Remarks Schedule, may be attached it more space is regoared) Re:Agreement for On‐Call Sewer and Water System Repair Services throughout the City of Santa Ana, CA City of Santa Ana, its officers, employees, agents, volunteers and representatives are named as Additional Insureds, includes Primary and Non-contributory as respects to General Liability per endorsements attached where required by written contract. 30 days notice of cancellation, 10 days for non-payment Of premium. C2y of Santa Ana Public Works Agency - Water Resources 20 Civic Center Plaza (M-30) 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 x Leonard E.2iminsky (9 1888-2014 ACORD CORPORATION. All rights reserved, ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD a 2.6229525 1 15/16 GL/All/UM3/WC I Annette Romero 19/1/24015 7:49:4.1 AMI tPDT) I Page 1 of 15 k I , dp Thir ce: �rtificate cancels aced .s, persedes ALL prev:iouslN issued certificat+as. "�""•��"1*�✓,� .. 0.t .��,rS�,�p N ol41 I �,41, �I ” i,, 6014373100 T. E. Roberts, Inc. CONTRACTORS' GENERAL LIABILITY EXTENSION ENDORSEMENT G -18652-J (Ed. 07-12) It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. The changes this endorsement makes do not apply with respect to any coverage that has been excluded or amended by another endorsement attached to this policy. SCHEDULE Coverage is summarized below. For particulars and limitations affecting each coverage, please refer to the corresponding policy provisions in the body of this endorsement. 1. Additional Insureds Seven additional insured extensions. 2. Bodily Injury- Expanded Definition 3. Broad Knowledge of Occurrence/ Notice of Occurrence 4. Broad Named Insured 5. BroadeLedLeiability Coverage For Damage To "Your Product" And "Your Work" $100,000. 6. Contractual Liability - Railroads Expanded definition of "insured contract." - 7. Contractual Liability For Personal And Advertising Injury 8. Electronic Data Liability Loss of Electronic Data Limit: $100,000. 9. Expanded Personal And Advertising Injury - Discrimination Or Humiliation 10. Expected Or Intended, Injury Reasonable force - "'bodily injury" or "property damage." - 11. General Aggregate Limits Of Insurance - Per Project 12. In Rem Actions - 13. Incidental Health Care Malpractice Coverage 14. Joint Ventures/Partnership/1-imilted Liability Companies - Coverage for your interest in such terminated or ended organizations. 15. Legal Liability/Alienated Promises/Borrowed Equipment Coverage Extended perils. Default limit increased to $500,000 for Damage to Premises Rented To You. $25,000 limit for "property damage" to borrowed tools or equipment at a jobsite. 16. Liberalization Clause 17. Liquor Liability Coverage Extension 18. Medical Payments Limits increased to $15,000. Reporting increased to three years from the date of accident. 19. Non -owned Aircraft Coverage 20. Non -owned Watercraft Increased to 75 feet. 21. Primary And Non -Contributory To Other Insurance 22. Property Damage- Elevators 23. Supplementary Payments Cost of ball bonds increased to $5,000. Daily loss of earnings Increased to $1,000, 24, UnlW-entional Failure To Disclose Hazards 25. Waiver of Subrogation - Blanket Waiver of subrogation where required by written contract or written agreement. 26. Wrap -Up Extension U- 1000Z -u tt:m U/-lZ) Page 1 of 12 Copyright, CNA AH Rights Reserved. 26229525 115/15 GL/AU/UMB/WC I Annette Romero 1 9/1/2015 7:40:41 A111 (PDT) I Page 2 of 15 This certificate C.—I. ..d auperserdes ALL previously is.—d certificates, i 'LA�A`l 3 1. ADDITIONAL INSURED SECTION 11— WHO IS AN INSURED is amended to include as an insured any person or organization (called additional insured) described in paragraphs A. through G. below whom you are required to add as an additional insured on this policy under a written contract or written agreement, provided the written contract or written agreement: 1. Is currently in effect or becomes effective during the term of this policy; and il. Was executed prior to the 'bodily injury," "property damage" or 'personal injury and advertising injury" for which the additional insured seeks coverage. However, we will not provide the additional Insured any broader coverage or any higher limit of insurance than the least that is: a. The maximum permitted by law; b. Required in the written contract or written agreement; c. Afforded to you under this policy; or d. Described in the applicable paragraphs A. through G. below. A. Controlling Interest Any persons or organizations with a controlling interest in you but only with respect to their liability arising out of: 1. Their financial control of you; or 2. Premises they own, maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for such additional insured. B. Co-owner of Insured Premises A co-owner of a premises co -owned by you and covered under this insurance but only with respect to the co -owner's liability as co-owner of such promises. C. Lessor - Equipment 1. Any person or organization from whom you lease 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 or organization. G -18652-J (Ed. 07-12) Page 2 of 12 G-1 8652-J (Ed. 07-12) 2. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. D. Lessor - Land An owner or other interest from whom land has been leased by you but only with respect to liability arising out of the ownership, maintenance or use of that specific part of the land leased to you and subject to the following additional exclusions: This insurance does not apply to: 1. Any "occurrence" which takes place after you cease to lease that land; or 2. Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. E. Lessor - Premises A manager or lessor of premises but only with respect to liability arising out of the ownership, maintenance or use of that specific part of the premises leased to you and subject to the following additional exclusions: 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 additional insured. F. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver but only with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of a premises by you. This insurance does not apply to structural alterations, new construction or demolition operations performed by or for such additional insured. G. State or Governmental Agency or Subdivision or Political Subdivisions A state or governmental agency or subdivision or Political subdivision subject to the following provisions: 1. This Insurance applies only with respect to the following hazards for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization in connection with premises Copyright, CNA All Rights Reserved. 26229525 15/16 GL/AU/UMB/14C Annette Romero 1 9/1/2015 7:40:41 Am (PDL)I Page 3 of IS cancels Is _ P e i S (PDL) U This certificate a c d supersedes ALL pr � ... iy issued cert iEicat­ you own, rent, or control and to which this insurance applies: a. The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, holstaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or b. The construction, erection, or removal of elevators; or c. The ownership, maintenance or use of any elevators covered by this insurance, 2. This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. 3. This insurance does not apply to: a. "Bodily injury," "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or b. "Bodily injury" or "property damage" included within the "products -completed operations hazard." A governmental permit which, requires you to add the governmental entity as an additional insured will trigger this Provision 1. as if the permit were a written contract. 2. BODILY INJURY — EXPANDED DEFINITION SECTION V — DEFINITIONS, the definition of "bodily injury" is changed to read: "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury by that person at any time which results as a consequence of the bodily injury, sickness or disease. 3. BROAD KNOWLEDGE OF OCCURRENCE/ NOTICE OF OCCURRENCE Condition 2. Duties In The Event of Occurrence, Offense, Claim or Suit of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is amended to add the following provisions: A. BROAD KNOWLEDGE OF OCCURRENCE U -18652-J (Ed. 07-12) Page 3 of 12 G -18652-J (Ed. 07-12) You must give us or our authorized representative notice of an "occurrence," offense, claim, or "suit" only when the "occurrence," offense, claim or "suit" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) An executive officer or the employee designated by you to give such notice, If you are a corporation; or (4) A manager, if you are a limited liability company. B. NOTICE OF OCCURRENCE Your rights under this Coverage Part will not be prejudiced if you fall to give us notice of an .occurrence," offense, claim or "suit" and that failure is solely due to your reasonable belief that the "bodily injury" or "property damage" is not covered under this Coverage Part. However, you shall give written notice of this Poccurrence," offense, claim or "suit" to us as soon as you are aware that this insurance may apply to such "occurrence," offense claim or .Suit.' 4. BROAD NAMED INSURED A. Any subsidiary or affiliate organization, other than a partnership, joint venture or limited liability company, in which a Named Insured specifically shown in the Declarations has management control, directly or through one or more subsidiary organizations, at the time of loss will qualify as a Named Insured but only if there is no other similar insurance available to such organization, nor similar insurance which would be available but for exhaustion of its limits. For the purpose of this provision, similar Insurance means general liability or equivalent insurance, no matter whether its coverage is broader or narrower than that provided by this insurance. But if the only other similar insurance is for a "consolidated (wrap-up) program," then a subsidiary that qualifies as a Named Insured on such project -specific Insurance can still qualify as a Named Insured on this Insurance, but not for projects covered by the "consolidated (wrap-up) program." [Please see Item 26.C. of this endorsement for the definition of "consolidated (wrap-up) program."] B. This endorsement does not apply to any organization for which coverage is excluded by another endorsement attached to this policy. Copyright, CNA AW Rights Reserved. A S 26229525 11 15/16 VL/AU/UMR/WC I A ... tt. Romero 11 9/1/T015 7:40:41 AM (PDT) I Page 4 of 15 This certificate cancels and Supersedes ALL previauely issued certificates. C. Only for the purpose of this endorsement: 1. Management control means: a. Ownership interest representing more than 50% of the voting, appointment, or designation power for the subsidiary organization's governing body; or b. Having the right, pursuant to a written contract, or pursuant to the by-laws, charter, operating agreement, or similar document of a specifically shown Named Insured or controlled subsidiary organization to select, appoint, or designate a majority of the subsidiary organization's governing body. Such contract or document must have been created prior to the time of loss; or c. Having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or transfer and sell property held by a trust. 2. Governing body means the Board of Directors of a corporation. 3. Loss means: a. The occurring of the " injury" bodily inju" or "property damage"; or b. The committing of the offense that caused the "personal and advertising injury." D. The insurance provided by this policy applies to Named Insureds when trading under their own names, or under such trading names or doing - business -as (DBA) names as any should choose to employ. 5. BROADENED LIABILITY COVERAGE FOR DAMAGE TO "YOUR PRODUCT" AND "YOUR WORK" A. Under SECTION I - COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph 2. Exclusions is amended to delete exclusions k. and 1. and replace them with the following, [This insurance does not apply to:] k. Damage to Your Product "Property damage" to "your product" arising out of it, or any part of it except when caused by or resulting from: (1) Fire; (2) Smoke; (3) Collapse; or G-11 8652-J (Ed. 07-12) (4) Explosion. I. Damage to Your Work "Property damage" to "your work'" arising out of it, or any part of it and included in the "products - completed operations hazard." This exclusion does not apply: (1) If the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor; or (2) If the cause of loss to the damaged work arises as a result of: (a) Fire; (b) Smoke; (c) Collapse; or (d) Explosion. B. The following paragraph is added to SECTION III - LIMITS OF INSURANCE: Subject to 5. above, $100,000 is the most we will pay under Coverage A for the sum of damages arising out of any one "occurrence" because of Oproperty damage" to "your product" and "your work" that is caused by fire, smoke, collapse or explosion and Is included within the "product -completed operations hazard." This sublimit does not apply to "property damage' to "your work" if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. C. This Provision 5. Broadened Liability Coverage For Damage To "Your Product" And "Your Work" does not apply if an endorsement of the same name is attached to this policy. 6. CONTRACTUAL LIABILITY- RAILROADS With respect to operations performed within 50 feet of railroad property, the definition of "insured contract" In SECTION V - DEFINITIONS is replaced by the following: "Insured Contract"means: a. A contract for a lease of promises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; b. A sidetrack agreement; c. Any easement or license agreement; G -18652-J (Ed. 07-12) Page 4 of 12 JA , 2_ki -j. Copyright, CNA All Rights Reserved. 26229525 1 15/16 GL/A0/UMS/WC B Annette RO-1. 1 9/l/2015 7:40::41 M4 dPDT) I P.g. sot 15 This certificate cancels and Supersedes ALL previously issued certificates. I., C. Only for the purpose of this endorsement: 1. Management control means: a. Ownership Interest representing more than 50% of the voting, appointment, or designation power for the subsidiary organization's governing body; or b. Having the right, pursuant to a written contract, or pursuant to the by-laws, charter, operating agreement, or similar document of a specifically shown Named Insured or controlled subsidiary organization to select, appoint, or designate a majority of the subsidiary organization's governing body. Such contract or document must have been created prior to the time of loss; or c. Having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or transfer and sell prop" held by a trust. 2. Governing body means the Board of Directors of a corporation. 3. Loss means: a. The occurring of the "bodily injury" or "property damage"; or b. The committing of the offense that caused the "personal and advertising injury." D. The insurance provided by this policy applies to Named Insureds when trading under their own names, or under such trading names or doing - business -as (DBA) names as any should choose to employ. 5. BROADENED LIABILITY COVERAGE FOR DAMAGE TO "YOUR PRODUCT" AND "YOUR WORK" A. Under SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph 2. Exclusions is amended to delete exclusions k. and I. and replace them with the following: [This insurance does not apply to:] k. Damage to Your Product "Property damage" to "your product"' arising out of it, or any part of it except when caused by or resulting from: (1) Fire; (2) Smoke; (3) Collapse; or G -18652-J (Ed. 07-12) Page 4 of 12 G - 1 8652-J (Ed. 07-12) (4) Explosion, I. Damage to Your Work "Property damage" to "Your work" arising out of it, or any part of it and included In the "products - completed operations hazard.' This exclusion does not apply: (1) If the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor; or (2) If the cause of loss to the damaged work arises as a result of: (a) Fire; (b) Smoke; (c) Collapse; or (d) Explosion. B. The following paragraph is added to SECTION III — LIMITS OF INSURANCE: Subject to 5. above, $100,000 is the most we will pay under Coverage A for the sum of damages arising out of any one "occurrence" because of "property damage' to "your product" and "your work" that is caused by fire, smoke, collapse or explosion and is included within the "product -completed operations hazard." This s ublimit does not apply to "property damage' to "your work" if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. C. This Provision 5. Broadened Liability Coverage For Damage To "Your Product" And "Your Work" does not apply if an endorsement of the same name is attached to this policy. 6. CONTRACTUAL LIABILITY — RAILROADS With respect to operations performed within 60 feet of railroad property, the definition of "insured contract" in SECTION V — DEFINITIONS is replaced by the following: "Insured Contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract". b. A sidetrack agreement; c. Any easement or license agreement; Copyright, CNA All Rights Reserved. 26229525 1! 15/16 G1,/AU/UM3/WC I Annette Romero 1 9/1/2015 7;40:41 AM (PDT) I Page 5 of 15 This certificate cancels and .... -d.. ALL previously issued certificates. �41�A V d. An obligation, as required by ordinance, to indemnity a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury' or 'property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph If. does not include that part of any contract or agreement: (1) That indemnities an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications, or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; (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, 7. CONTRACTUAL LIABILITY FOR PERSONAL AND ADVERTISING INJURY Under SECTION 1— COVERAGE B —PERSONAL AND ADVERTISING INJURY LIABILITY, Paragraph 2. Exclusions is amended to delete exclusion e. Contractual Liability. This provision 7. does not apply to any person or organization who otherwise qualities as an additional insured on this Coverage Part. 8. ELECTRONIC DATA LIABILITY A. Under SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE, Paragraph 2. Exclusions is amended to delete exclusion p. Electronic Data and replace it with the following: (This insurance does not apply to,] p. Electronic Data (3-18652-J (Ed. 07-12) Page 5 of 12 G -18652-J (Ed. 07-12) Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate "electronic data" that does not result from physical injury to tangible property. However, this exclusion does not apply to liability for damages because of "bodily injury." B. The following paragraph is added to SECTION III — LIMITS OF INSURANCE: Subject to 5. above, $100,000 is the most we will pay under Coverage A for all damages arising out of any one "occurrence"' because of "property damage" that results from physical injury to tangible property and arises out of "electronic data." C. The following definition is added to the SECTION V — DEFINITIONS: "Electronic data" means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks, CD -ROME, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. D. For the purposes of the coverage provided by this endorsement, the definition of "property damage" in SECTION V — DEFINITIONS is replaced by the following: 17. "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; b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that caused it; or c. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate "electronic data," resulting from physical injury to tangible property. All such loss of "electronic data" shall be deemed to occur at the time of the "occurrence" that caused it. For the purposes of this insurance, .electronic data" is not tangible property. E. If Electronic Data Liability is provided at a higher limit by another endorsement attached to this Copyright, CNA All Rights Reserved. 2622.9525 1 15/16 GLIAUJUME/WC I Annette Romero 11 9/l/2015 7°4D-41 AM {PDT) I Page 6 of 15 This certificate cancels and supersedes ALL previously issued rertificateF. F_ 4111�Ay G -18652-J (Ed. 07-12) policy, then the $100,000 limit provided by this Intended Injury and replace it with the Provision 8. Electronic Data Liability is part of, following: and not in addition to, that higher limit. [This insurance does not apply to:] 9. EXPANDED PERSONAL AND ADVERTISING a. Expected or Intended Injury INJURY - DISCRIMINATION OR HUMILIATION A. SECTION V— DEFINITIONS Is amended to add the following to the definition of "Personal and advertising injury": h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is: (1) Not done intentionally by or at the direction of: (a) The insured; or (b) Any "executive officer,' director' stockholder, partner, member or manager (if you are a limited liability company) of the insured; and (2) Not directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person or persons by any insured. B. Under SECTION I — COVERAGE B — PERSONAL AND ADVERTISING INJURY LIABILITY, Paragraph 2. Exclusions is amended to add the following additional exclusions: [This insurance does not apply to.) Discrimination Relating To Room, Dwelling or Premises "Personal or advertising injury" caused by discrimination directly or indirectly related to the sale, rental, lease or sub -lease or prospective sale, rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any insured. Fines Or Penalties Fines or penalties levied or imposed by a governmental entity because of discrimination. This provision 9. does not apply to any person or organization who otherwise qualifies as an additional Insured on this Coverage Part, 10. EXPECTED OR INTENDED INJURY Under SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph 2. Exclusions is amended to delete exclusion a. Expected or k;i-1Ubb2-J (ha. 07-12) Page 6 of 12 "Bodily injury" or "prop" 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. 11. GENERAL AGGREGATE LIMITS OF INSURANCE - PER PROJECT A. For each construction project away from promises you own or rent, a separate Construction Project General Aggregate Limit, equal to the amount of the General Aggregate Limit, is the most we will pay for the sum of: 1 . All damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard"; and 2. All medical expenses under Coverage C, that arise from "occurrences" or accidents which can be attributed solely to ongoing operations at that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the Construction Project Aggregate Limit of any other construction project. B. All: 1. Damages under Coverage 8, regardless of the number of locations or construction projects involved; 2. Damages under Coverage A, caused by "occurrences" which cannot be attributed solely to ongoing operations at a single construction project, except damages because of 'bodily injury" or 'property damage" included in the "products - completed operations hazard"; and 3,. Medical; expenses under Coverage C caused by accidents which cannot be attributed solely to ongoing operations at a single construction project, will reduce the General Aggregate Limit shown in the Declarations. Copyright, CNA All Rights Reserved. 262295251 15/16 CL/AU/UMB/WC I Annette Romero 1 9/1/2015 7A0A1 AM (PDT) 0 Page 7 of 15 This cart i t icate cancels and supersedes ALL previously issued ued ­tificatec. r_�YA'7 C. The limits shown in the Declarations for Each Occurrence, for Damage To Premises Rented To You and for Medical Expense continue to apply, but will be subject to either the Construction Project Aggregate Limit or the General Aggregate Limit, depending on whether the "occurrence" can be attributed solely to ongoing operations at a particular construction project. D. When coverage for liability arising out of the "products -completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard," regardless of the number of locations involved will reduce the Products -Completed Operations Aggregate Limit shown in the Declarations. E. If a single construction project away from premises owned by or rented to the insured has been abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. F. The provisions of SECTION III — LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. 12. IN REM ACTIONS Any action in, rem against any vessel owned or operated by or for you. or chartered by or for you will be treated in the same manner as though the action were in personarn against you. In rem is a term used to designate actions instituted against the thing, as distinct from actions against the person, which are said to be in personam, 13. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE A. With respect only to "bodily injury" that arises out of a "health care incident," COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY OF SECTION I — COVERAGES is amended to replace Insuring Agreement Paragraphs 1.b.(1) and 1.b.(2) with the following: b. This insurance applies to "bodily injury" only if you are not in the business of providing professional health care services, and only if: (1) The "bodily injury" is caused by an "occurrence" that takes place in the 1"coverage territory." For the purpose of this insurance: G -18652-J (Ed. 07-12) Page 7 of 12 G -18652-J (Ed. 07-12) (a) "Bodily injury" caused by a "health care incident" will be considered caused by an "occurrence"; and (b) All acts, errors or omissions that are logically connected by any common fact, circumstance, situation, transaction, event, advice or decision will be considered to constitute a single "occurrence"; (2) The 'bodily injury" occurs during the policy period. All "bodily injury" arising from an "occurrence' will be deemed to have occurred at the time of the first act, error, or omission that is part of the "occurrence"; and B. With respect only to the insurance provided by this Provision 13., Exclusion 2.e. Employer's Liability of SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE, is amended to append the following: Only for "bodily injury" not covered by other liability insurance (including stale -sanctioned self insurance) available to the insured (or which would be available but for exhaustion of its limits), this exclusion does not apply to *bodily injury" that arises out of a "health care incident." C. SECTION V — DEFINITIONS is amended to add the following new definition: "Health care incident" means a negligent act, error or omission by your "employees" or "volunteer workers" working on your behalf in the rendering of or failure to render, professional health care services in any of the following capacities, or the related furnishing of food, beverages, medical supplies or appliances: a. Physician; b. Nurse; c. Emergency medical technician; d. Paramedic; e. Chiropractor; f. Dentist, g. Athletic trainer; h. Audiologist; 1. Physical therapist; J. Psychologist; k. Speech therapist; I. Other allied health professional; or Copyright, CNA All Rights Reserved. 26229525 nfl,5/16 GL/ATJ/UMB/WCh Annette Romero J 9/IJ2DIS 7;40:41 AM (LIDT) I Page 0 of 15 This , 't . i—te o n..1. and ,upersed.. ALL previously issued certificates. r_d�A m. Provider of first aid or Good Samaritan services rendered in an emergency and for which no payment is demanded or received. D. SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE, Paragraph 2. Exclusions is amended to add the following additional exclusions. These new exclusions apply only to this Incidental Health Care Malpractice Coverage: [This insurance does not apply to:] Dishonesty or Crime Any dishonest, criminal or malicious act, error or omission. Clinical Trials / Product Testing Acts, errors or omissions that occur in the course of human clinical trials or product testing. Medicare/Medicaid Fraud Medicare or Medicaid fraud or abuse. Services Excluded by Endorsement Any "health care incident" for which coverage is excluded by endorsement. E. SECTION V — DEFINITIONS is amended to add the following subparagraph to Paragraph f. of the definition of "insured contract": Paragraph f. does not include that part of any contract or agreement: (4) Under which you assume another's tort liability for "bodily injury" arising out of the rendering of or failure to render professional health care services. F. SECTION 11 — WHO IS AN INSURED is amended to add the following provisions: 1. Your "employees" are insureds with respect to: a. "bodily Injury" to a co -"employee" while in the course of the co-""employee"s" employment by you or while performing duties related to the conduct of your business; and b. "bodily injury" to a "volunteer worker" while performing duties related to the conduct of your business; when such 'bodily injury" arises out of a "health care incident." 2. Your 'volunteer workers" are insureds with respect to: G -18652,J (Ed. 07-12) Page 8 of 12 G -18652-J (Ed. 07-12) a. "bodily injury" to a ca =volunteer worker" while performing duties related to the conduct of your business; and b. "bodily injury" to an "employee" while in the course of the "employee's" employment by you or while performing duties related to the conduct of your business; when such "bodily injury" arises out of a "health care incident." 3. Paragraphs 2.a. (1)(a), (b) and (c) of SECTION 11 — WHO IS AN INSURED do not apply to "bodily injury" for which insurance is provided this Provision 13. 4. Paragraph 2.a.(11)(d) of SECTION 11 —WHO IS AN INSURED is deleted. G. With respect to the insurance provided by this Provision 13., the following is added to Paragraph 4.b.(1) of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: To the extent this insurance applies, it Is excess over any of the other insurance (including qualified self insurance), whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by you to be excess of this policy. 14. JOINT VENTURES / PARTNERSHIP / LIMITED LIABILITY COMPANIES A. The following is added to SECTION 11 — WHO IS AN INSURED: 4. You are an insured when you had an Interest in a joint venture, partnership or limited liability company which terminated or ended prior to or during this policy period, but only to the extent of your interest in such joint venture, partnership or limited liability company. This coverage does not apply: a. Prior to the termination date of any joint venture, partnership or limited liability company; b. If there is other valid and collectible insurance purchased specifically to insure the partnership, joint venture or limited liability company; or c. To a joint venture, partnership or limited liability company which is or was insured under a "consolidated (wrap-up) insurance program." Copyright, CNA All Rights Reserved. �5/16 G 262295:�,', L A U/UMB/W I Annette Romero 19/1/2015 7:40:41 AM iPDT) I Page 9 of 15 This text if / Cificate cancels and supersedes ALL previously issued certificates. [Please see Item 26.C. of this endorsement for the definition of "consolidated (wrap-up) program.u] B. The last paragraph of SECTION 11 — WHO IS AN INSURED is deleted and replaced by the following: Except as provided under the Contractors' General Liability Extension Endorsement or by the attachment of another endorsement (if any), 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. 15. LEGAL LIABILITYIALIENATED PREMISES1 BORROWED EQUIPMENT A. Under SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE, Paragraph 2. Exclusions is amended to delete exclusion 1. Damage to Property in its entirety and replace it with the following: (This insurance does not apply to:] J. Damage to Property "Property damage" to: (1) Property you own, rent, or occupy; (2) Premises you sell, give away or abandon, it the 'prop" 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; G-1 8652-J (Ed. 07-12) Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises rented to you or temporarily occupied by you with the permission of the owner, or to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises, Rented To You as described in SECTION III — LIMITS OF INSURANCE. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products -completed operations hazard."' B. Under SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE the last paragraph of Paragraph 2. Exclusions is deleted and replaced by the following. Exclusions c. through n. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner nor to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in SECTION III — LIMITS OF INSURANCE. C. The following paragraph is added to SECTION III — LIMITS OF INSURANCE: (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing D. 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. Paragraph (2) of this exclusion does not apply if the premises are "your work." Paragraphs (3) and (4) of this exclusion do not apply to "property damage" to tools or equipment loaned to you. A separate limit of Insurance applies to such tools or equipment that are damaged while being used in your operations. G -18652-J (Ed. 07-12) Page 9 of 12 Subject to 5. above, $25,000 is the most we will pay under Coverage A fog damages arising out of any one "occurrence" because of "property damage' to tools or equipment loaned to you by others that occurs while the equipment is being used to perform operations. Paragraph 6. Damage To Premises Rented To You Limit of SECTION III — LIMITS OF INSURANCE is replaced by the following: 6. Subject to Paragraph 5. above, (the Each Occurrence Limit), the Damage To Premises Rented To You Limit is the most we will pay under SECTION — I — COVERAGE A for damages because of "property damage" to any one premises while rented to you or temporarily occupied by you with the permission of the owner, including contents of such premises rented to you for a period of 7 or fewer consecutive days. The Damage To Premises Rented To You Limit is the greater of: a. $500,000; or Copyright, CNA All Rights Reserved. 26229525 1 15/16 GL/AU/UMB/WC I Annette Romero I 9/1/2015 7:40:41 AM (PDT) I Page 10 of 15 This certificate cancels and supersedes ALL previously issued certificates. b. The Damage To Premises Rented To You Limit shown in the Declarations. E. Paragraph 4.b.(1)(a)(il) of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is deleted and replaced by the following: (H) That is property insurance for premises rented to you, for premises temporarily occupied by you with the permission of the owner; or for personal property of others in your care, custody or control; F. This Provision 15. does not apply if Damage To Promises Rented To You Liability under SECTION — I — COVERAGE A is excluded by endorsement. 16. LIBERALIZATION CLAUSE If we adopt a change in our forms or rules which would broaden coverage for contractors under this endorsement without an additional premium charge, y6ur policy will automatically provide the additional coverage as of the date the revision is effective in your state. 17. LIQUOR LIABILITY Under SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE, Paragraph 2., Exclusions is amended to delete exclusion c. Liquor Liability. This provision 17. does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 18. MEDICAL PAYMENTS A. Paragraph 7. Medical Expense Limit, of SECTION III — LIMITS OF INSURANCE is deleted and replaced by the following: 7. Subject to Paragraph 6. above (the Each Occurrence Limit), the Medical Expense Limit is the most we will pay under SECTION — 11 — COVERAGE C for all medical expenses because of "bodily injury" sustained by any one person. The Medical Expense Limit is the greater of: (1) $15,000; or (2) The amount shown in the Declarations for Medical Expense Limit, B. Paragraph 11.a.(3)(b) of SECTION I — COVERAGE C MEDICAL PAYMENTS, is replaced by the following: (b) The expenses are incurred and reported to us within three years of the date of the accident; and U -18652-J (Ed. 07-12) Page 10 of 12 G -18652-J (Ed. 07-12) This paragraph B. does not apply to medical expenses incurred in the state of Missouri. 19. NON -OWNED AIRCRAFT Under SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY. Paragraph 2. Exclusions is amended such that exclusion g. Aircraft, Auto or Watercraft does not apply to an aircraft you do not own, provided that: 1. The pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot; 2. The aircraft is rented to you with a trained, paid crew; and 3. The aircraft does not transport persons or cargo for a charge. 20. NON -OWNED WATERCRAFT Under SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph 2. Exclusions is amended to delete subparagraph (2) of exclusion g. Aircraft, Auto or Watercraft and replace It with the following. [This exclusion does not apply to:] (2) A watercraft you do not own that is: (a) Less than 75 feet long; and (b) Not being used to carry persons or property for a charge. 21. PRIMARY AND NON-CONTRIBUTORY TO OTHER INSURANCE With respect to any person or organization that is an additional insured under this Coverage Part, the following is added to Paragraph 4. of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: If you have agreed in writing in a contract or agreement that this insurance is primary and non- contributory relative to an additional insured's own insurance, then this insurance is primary and we will not seek contribution from that other insurance. For the purpose of this Provision 21., the additional insured's own insurance means insurance on which the additional insured is a Named Insured. This Provision, 21. does not apply in situations where the endorsement on this policy affording coverage to the additional insured specifies that this Insurance is excess over any other insurance available to that additional insured. 22. PROPERTY DAMAGE —ELEVATORS Copyright, CNA All Rights Reserved, 26229525 1 15/16 GL/AU/CMB/WC I Annette Romero 1 9/1/2015 7:40:41 An (110T) I Page 11 of 15 This certificate cancels and supersedes ALL previously issued certificates. A. Under SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE, Paragraph 2. Exclusions is amended such that exclusion k. Damage to Your Product, and subparagraph (3), (4) and (6) of exclusion 1. Damage to Property do not apply "property damage" that results from the use of elevators. B. With respect only to the coverage provided by this endorsement, Condition 4. Other 26. Insurance in SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is amended to add the following subparagraph b.(1)(a)(v): 4. Other Insurance b. Excess Insurance (1) This insurance is excess over: (a) Any of the other insurance, whether primary, excess, contingent or on any other basis: (v) That is Property insurance covering property of others damaged from the use of -elevators. 23. SUPPLEMENTARY PAYMENTS A. Under Section I — Supplementary Payments — Coverages A and B, Paragraph 1.b., the limit of $250 shown for the cost of bail bonds is replaced by $5,000: B. In Paragraph 1.d., the limit of $250 shown for daily loss of earnings is replaced by $1,000. 24. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If unintentionally you should fall to disclose all existing hazards at the inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. 25. WAIVER OF SUBGROGATION - BLANKET Under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, The Transfer Of Rights Of Recovery Against Others To Us Condition is amended by the addition of the following: We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of: 1. Your ongoing operations; or 2. "Your work" included in the '"products completed operations hazard." G -18652-J (Ed. 07-12) Page 11 of 12 G-1 8652-J (Ed. 07-12) However, this waiver applies only when you have agreed in writing to waive such rights of recovery in a contract or agreement, and only H the contract or agreement: 1. Is in effect or becomes effective during the term of this policy; and 2. Was executed prior to loss. WRAP-UP EXTENSION: OWNER CONTROLLED INSURANCE PROGRAM, CONTRACTOR CONTROLLED INSURANCE PROGRAM OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Note: The following provision does not apply to any public construction project in the state of Oklahoma, nor to any construction project in the state of Alaska, that is not permitted to be insured under a "consolidated (wrap-up) insurance program" by applicable state statute or regulation: If the endorsement EXCLUSION — CONSTRUCTION WRAP-UP or another exclusionary endorsement pertaining to Owner Controlled Insurance Programs (O.C.I.P.) or Contractor Controlled Insurance Programs (C.C.I.P.) is attached to this policy, then the following changes apply: A. The following wording is added to the endorsement: With respect to a "consolidated (wrap-up) insurance program" project in which you are or were involved, this exclusion does not apply to those sums you become legally obligated to pay as damages because of: 1. "Bodily injury," "property damage," or "personal or advertising injury" that occurs during your ongoing operations at the project, or during such operations of anyone acting on your behalf; nor 2. "Bodily injury" or "property damage" included within the "products -completed operations hazard" that arises out of those portions of the project that are not Presidential structures." B. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is amended to add the following subparagraph 4.b.(1)(c) to Condition 4. Other Insurance: [This insurance is excess over:] (c) Any of the other insurance whether primary, excess, contingent or any other basis that is insurance available to you as a result of your being a participant in a "consolidated (wrap-up) insurance program," but only as Copyright, CNA All Rights Reserved. 262295251 15/16 CL/AU/LOMB/WC I Annette Romero 1 9/1/2015 7:40:41 AH (PDT) 11 Page 12 of 15 This cert if it.te cancels and .supersedes ALL previously issued certificates. (-\ , 2"2'c' 141�A respects your involvement in that "consolidated (wrap-up) insurance program." C. SECTION V — DEFINITIONS is amended to add the following definition: "Consolidated (wrap-up) insurance programo means a construction, erection or demolition project for which the prime contractor/project manager or owner of the construction project has secured general liability insurance covering some or all of the contractors or subcontractors involved in the project, such as an Owner Controlled Insurance Program (O.C.I.P.) or Contractor Controlled Insurance Program (C,C.I.P.). "Residential structure" means any structure where 30% or more of the square foot area is used or is intended to be used for human All other terms and conditions of the Policy remain unchanged. G -18652-J (Ed. 07-12) residency including but not limited to single or multifamily housing, apartments, condominiums, townhouses, co-operatives or planned unit developments and also includes their common areas and/or appurtenant structures (including pools, hot tubs, detached garages, guest houses or any similar structures). When there is no individual ownership of units, residential structure does not include military housing, college/university housing or dormitories, long term care facilities, hotels, or motels. Residential structure also does not include hospitals or prisons. This provision 26. does not apply to any person or organization who otherwise qualifies as an additional Insured on this Coverage Part. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. Material used with permission of ISO Properties, Inc G -18652-J (Ed. 07-12) Page 12 of 12 Copyright, CNA All Rights Reserved. 262295251 15/16 GL/ARI/LIMB/WC I Annette Romero 1 9/1/2015 7:40:41 AM fPDT) I Page 13 of 15 This cert i ticate C a n cels and 5 upersedes ALL, previousiy issued certificates. 6014373100 T. E. Roberts, Inc. G -140331-D (Ed. 01/13) BLANKET ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS WITH PRODUCTS -COMPLETED OPERATIONS COVERAGE It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows: SCHEDULE (OPTIONAL) IName of Additional Insured Persons Or Organizations I (As required by "written contract" per Paragraph A. below.) I Locations of Covered Operations (As per the "written contract," provided the location is within the "coverage territory" of this Coverage Part.) A. Section 11 - Who Is An Insured is amended to include as an additional insured-, 1. Any person or organization whom you are required by "written contract" to add as an additional insured on this Coverage Part; and 2. The particular person or organization, if any, scheduled above. B. The insurance provided to the additional insured is limited as follows: 1. The person or organization is an additional insured only with respect to liability for "bodily injury,' "property damage," or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, In the performance of your ongoing operations specified in the "written contract"; or b.. "Your work" that is specified In the "written contract" but only for "bodily injury" or "property damage" included In the "products -completed operations hazard," and only if: (1) The "written contract" requires you to provide the additional insured such coverage; and (2) This Coverage Part provides such coverage, 2. If the "written contract" specifically requires you to provide additional insurance coverage via the 10/01 edition of CG201 0 (aka CG 20 10 10 01), or via the 10/01 edition of CG2037 (aka CG 20 37 10 01), or via the 11/85 edition of CG2010 (aka CG 20 10 11 85), then in paragraph B.I. above, the words 'caused in whole or in part by' are replaced by the words 'arising out of'. 3. We will not provide the additional insured any broader coverage or any higher limit of insurance than: a. The maximum permitted by law; b. That required by the "written contract"; c. That described in B-11. above; or d. That afforded to you under this policy, whichever is less. 4. Notwithstanding anything to the contrary in Condition 4. Other Insurance (Section IV), this insurance is excess of all other insurance available to the additional insured whether on a primary, excess, contingent or G -140331-D (Ed. 01/13) Page 1 of 2 Copyright, CNA All Rights Reserved. 12 is 26229525 1 15/16 rL/AU/UMB/WC I Annette Romero 1 9/1/20157i4O:41 AM (PDT) I Page 14 of 15 This certificate cancels and supersedes ALL previously issued certificates. G -140331-D (Ed. 01/13) any other basis. But if required by the "written contract" to be primary and non-contributory, this insurance will be primary and non-contributory relative to insurance on which the additional insured is a Named Insured. 5. The insurance provided to the additional insured does not apply to "bodily injury," "property damage," or "personas and advertising injury" arising out of: a,. The rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: (1) The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities; or b. Any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this Coverage Part. C. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows., 1. The Duties In The Event of Occurrence, Offense, Claim or Suit condition is amended to add the following additional conditions applicable to the additional insured: An additional insured under this endorsement will as soon as practicable: (1) Give us written notice of an "occurrence" or an offense which may result in a claim or "suit" under this insurance, and of any claim or "sulto that does result; (2) Except as provided in Paragraph B.4. of this endorsement, agree to make available any other insurance I the additional Insured has for a loss we cover under this Coverage Part; (3) Send us copies of all legal papers received, and otherwise cooperate with us in the investigation, defense, or settlement of the claim or "suit"; and (4) Tender the defense and indemnity of any claim or "suit" to any other insurer or self insurer whose policy or program applies to a loss we cover under this Coverage Part. But if the "written contract" requires this insurance to be primary and non-contributory, this provision (4) does not apply to insurance on which the additional Insured Is a Named Insured. We have no duty to defend or indemnity an additional insured under this endorsement until we receive from the additional insured written notice of a claim or "suit." D. Only for the purpose of the insurance provided by this endorsement, SECTION V — DEFINITIONS is amended to add the following definition: "Written contract" means a written contract or written agreement that requires you to make a person or organization an additional insured on this Coverage Part, provided the contract or agreement: 1. Is currently in effect or becomes effective during this term of this policy, and 2. Was executed prior to: a. The "bodily injury" or "property damage"; or b. The offense that caused the "personal and advertising injury," for which the additional insured seeks coverage under this Coverage Part. All other terms and conditions of the Policy remain unchanged. Material used with permission of ISO Properties, Inc. G-140331-1) (Ed. 01/13) Page 2 of 2 Copyright, CNA All Rights Reserved. 26229325 1 15/16 C3L/AU/UMB/WC I Annette Romero 1 9/1/2015 7:40:41 AM f11DT) I Page 15 of 15 This certificate cancels and supersedes ALL previously issued certificates.