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05.K- Public Works
5.K RESOLUTION (ID # 4477) DOC ID: 4477 D Now CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION Agreement/Contract Amendment From: Chris Alanis M/CC Meeting Date: 06/20/2016 Prepared by: Michael Grubbs, (909) 384- 5140 Dept: Public Works Ward(s): All Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Execute Amendment No. 1 to Agreements for On-Call Professional Civil Engineering Design and Project Management Services for the Capital Improvement Program (CIP) and Staff Augmentation. (#4477) Current Business Registration Certificate: Yes Financial Impact: To be budgeted in FY 16/17 $200,000 in Account No. 001-400-0025*5502 $1,400,000.00 to be charged to the account number for the specific CIP project on which work is done. ® $500,000.00 in Account No.527-400-0098*5502 for landfill services $100,000.00 to be charged to the account number for the specific CDBG projects on which work is done. Motion: Adopt the Resolution. Synopsis of Previous Council Action: 09/02/2003 Mayor and Common Council approved rating system for evaluation and selection of Consultants for non-Federal Aid projects. 08/02/2010 Adopted Resolution No. 2010-260 authorizing the execution of an amendment and issuance of a purchase order to Bryan A. Stirrat and Associates for the operations, maintenance, and monitoring of the landfill gas extraction and treatment system for the Waterman landfill. 08/17/2015 Adopted Resolution No. 2015-188 approving Agreements for On-Call Professional Civil Engineering Design and Project Management Services for the Capital Improvement Program (CIP) and Staff Augmentation. Background: The Engineering Division of the Public Works Department is responsible for planning and implementing the City's Capital Improvement Program (CIP), which is adopted annually by the Mayor and Common Council. This program, in general, consists of design and construction of roads, bridges, buildings, grading, drainage, landscaping, traffic signals, handicap ramps, and other public improvements. From time to time for Updated: 6/13/2016 by Georgeann "Gigi" Hanna D I Packet Pg. 321 5.K 4477 • construction of a project, additional inspection expertise and construction management services are needed, including value engineering, plan reviews, project management, and related services necessary to coordinate the work related to delivery of Capital projects in accordance with contract documents and City requirements. Duties will include, but not be limited to, professional civil engineering design of streets, curbs, gutters, median islands, storm drains, sewers, sidewalks, water lines, alleys, street lights, traffic signals, bridges, seismic/safety retrofit of structures, traffic signals, landfill compliance, NPDES compliance, project management, engineering staff augmentation and other Public Works Projects as assigned by the City Engineer. On August 17, 2015, the Mayor and Common Council approved Resolution No. 2015- 188 approving an Agreement with six (6) consulting firms to provide On-Call Professional Civil Engineering Design and Project Management Services for the Capital Improvement Program (CIP) and Staff Augmentation. The approved consulting firms are Tetra Tech, Ludwig Engineering, Willdan, Onward Engineers, Transtech Engineers and Parsons Brinkerhoff. All six of the Agreements are set to expire on June 30, 2016 and the authorized spending authority of $1,000,000 has been expended. All of the Consultants have projects assigned to them which are ongoing and their services will continue to be needed into the coming fiscal year. Additional spending authority will need to be authorized for the projects. . Current Project Financial Status Resolution Approved Amount Expensed Remaining Number Spending Encumbered by to Date Spending Authority PO Authorization 2015-188 $1,000,000 $1,069,866 $459,387 -$69,866 The encumbered Purchase Orders are for contracts that were issued to On-Call Consultants for design of budgeted CIP Projects. These projects are on-going and funds will be needed into FY 16/17 to pay them as they complete the work. In addition, more projects are planned that will need the support of On-Call Consultants to complete. Bryan A. Stirrat and Associates (BAS) currently provides landfill compliance, engineering, and o&m services. Resolution 2010-260 approved these services for an amount not to exceed $215,00.00. During the course of this on call agreement, Tetra Tech formalized and fully implemented the acquisition of BAS. Additionally, BAS was awarded a second agreement in the amount of$48,000.00 for NPDES services. Rather than initiate an amendment to extend a separate agreement, Amendment No. 2 will assign these services to Tetra Tech utilizing this on-call agreement. Staff recommends that the attached Amendment No. 1 to the Agreements for Services be approved extending the term of the Agreements to June 30, 2018, with the option of • three (3) one year extensions. Additionally, that the Amendment No. 2 assign those Updated: 6/13/2016 by Georgeann "Gigi" Hanna D I Packet Pg.322 5:K 4477 services previously provided by BAS to Tetra Tech. Lastly, that Purchase Orders be issued assigning additional funding totaling $2,000,000 in aggregate to Tetra Tech, Ludwig Engineering, Willdan, Onward Engineers, Transtech Engineers and Parsons Brinkerhoff. The exact allocation to each consultant will be determined by the Director of Public Works. City Attorney Review: Supporting Documents: Engineering Resolution (DOC) Attach A-1 Tetra Tech Contract Extension Letter (PDF) Ex A Amendment One - TetraTech (DOCX) Attach B-1 Ludwig On-Call Contract Extension (PDF) Ex B Amendment One - Ludwig (DOCX) Attach C-1 Willdan AgreementExtension(PDF) Ex C Amendment One -Willdan (DOCX) Attach D-1 Onward Extension-On-Call Engineering Services (PDF) Ex D Amendment One - Onward (DOCX) Attach E-1 Transtech On-Call Contract Extension (PDF) Ex E Amendment One - Transtech (DOCX) Attach F-1 PB On-Call Contract Extension (PDF) Ex F Amendment One - Parsons Brinckerhoff (DOCX) Updated: 6/13/201.6 by Georgeann "Gigi" Hanna D Packet Pg.323 • RESOLUTION NO. 1 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE a� 3 AMENDMENT NO. 1 TO AGREEMENTS FOR ON-CALL PROFESSIONAL CIVIL N ENGINEERING DESIGN AND PROJECT MANAGEMENT SERVICES FOR THE E 4 CAPITAL IMPROVEMENT PROGRAM(CIP) AND STAFF AUGMENTATION a. 'o 5 WHEREAS, on August 17, 2015 the Mayor and Common Council adopted 6 Resolution No. 2015-188 approving Agreements for On-Call Professional Civil Engineering g, 7 as Design and Project Management Services for the Capital Improvement Program (CIP) And 8 c L 9 Staff Augmentation; and c 10 WHEREAS, said Agreements are set to expire on June 30, 2016; and w 11 WHEREAS, said funding for said Agreements has been expended. _ 12 v NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON o 13 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: L 0 14 SECTION 1. That the City Manager is authorized and directed to execute 15 Amendment No. 1 to the Agreements with Tetra Tech, Ludwig Engineering, Willdan, Onward Q 16 0 17 Engineers, Transtech Engineers, and Parsons Brinckerhoff to provide On-Call Civil T_ 18 Engineering Design and Project Management Services for the Capital Improvement Program a 19 (CIP) and Staff Augmentation, attached and incorporated herein as Exhibits "A," "B," "C," ti 20 "D," "E" and 'T" respectively). _ 21 SECTION 2. Section 4.1 of said Agreements shall be amended as set forth in the 22 attached exhibits to extend the term of the Agreements for said Consultants to June 30, 2017. 23 SL 24 The City Manager may extend the term of the Agreements for one-year intervals by written c 25 notice to the Consultants. The City Manager shall be required to give the Consultants such w 26 written notice of the City's intent to extend before the Agreements expire. The total duration E 27 of the Agreements, including the exercise of any options, shall not exceed June 30, 2020. a 28 Packet Pg.324 5.K.A ® 1 SECTION 3. The Amendments shall not take effect or become operative until fully N 2 signed and executed by the parties and no party shall be obligated hereunder until the time of U CD 3 such full execution. No oral agreements, amendments, modifications or waivers are intended N E 4 or authorized and shall not be implied from any act or course of conduct of any party. 'o 5 SECTION 4. The Amendments, and the exercise of any options shall not take effect 6 7 or become operative unless the Mayor and Common Council allocate at least an additional a� a� 8 ONE MILLION DOLLARS ($1,000,000) in aggregate for all Consultants performing work E 9 under the Agreements for FY 2016/17 and each fiscal year for which an option is exercised. If c 10 the Mayor and Common Council allocate at least ONE MILLION DOLLARS ($1,000,000) w 11 for FY 2016/17 and each fiscal year for which an option is exercised, the Director of Finance v 12 v is authorized to issue Purchase Orders to each Consultant for FY 2016/17 and each fiscal year o 13 L 0 14 for which an option is exercised in amounts determined by the Director of Public Works, but d 15 in no case shall the total amount for all Purchase Orders authorized under this section exceed L 16 the amount budgeted by the Mayor and Common Council for FY 2016/17 and each fiscal year c 17 for which an option is exercised. 18 E SECTION 5. The authorization to execute each of the above-referenced Agreements 19 20 is rescinded, if each Agreement is not fully executed and returned to the Office of the City 0 21 Clerk within sixty(60)days of the passage of this resolution. o 0 22 23 24 25 w HI 26 27 28 Packet Pg. 325 5.K.A 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF v^, 2 SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE 4 AMENDMENT NO. 1 TO AGREEMENTS FOR ON-CALL PROFESSIONAL CIVIL a� 3 ENGINEERING DESIGN AND PROJECT MANAGEMENT SERVICES FOR THE N 4 CAPITAL IMPROVEMENT PROGRAM (CIP) AND STAFF AUGMENTATION t 0 5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor 6 and Common Council of the City of San Bernardino at a meeting a� ,7 a� thereof, held on the day of , 2016, by the following vote, to wit: a, 8 c �L 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 MARQUEZ W 2: 11 BARRIOS v 12 v VALDIVIA 13 ° L Q 14 SHORETT E 15 NICKEL a� L 16 RICHARD o .r 17 MULVIHILL a c 18 E a 19 20 Georgeann Hanna, City Clerk 21 The foregoing resolution is hereby approved this day of 12016. o 22 23 R. CAREY DAVIS, Mayor L 24 City of San Bernardino Approved as to form: , 25 GARY D. SAENZ, w City Attorney 26 E 27 By' 28 a Packet Pg.326 lle0-u0 ao;luatuaaa6y of l,# puauay : L1_1V17) MRO-1 u01sualx3 13e.iluoo g30l ealal I,-y gnellb' :lu8W43elld r m ATTACHMENT A-1 N Y TETRA TECH a r a� Y V RS 0. April 29, 2016 Christopher H. Alanis Public Works Director City of San Bernardino Public Works Department Engineering Division 300 North "D"Street,3'Floor San Bernardino,CA 92410 Reference: On-Call Professional Civil Engineering Design and Project Management Services For The Capital Improvement Program (CIP)and Staff Augmentation, Contract#2015-188 On-Call Engineering Contract Extension Dear Mr. Alanis: Tetra Tech agrees to the extension of our contract to continue providing On-Call Civil Engineering Design and Project Management Services for the City of San Bernardino Capital Improvement Program(CIP) and Staff Augmentation in accordance with the contract agreement dated August 17, 2015. Tetra Tech understands that the current contract is set to expire on June 30, 2016.We agree to the same terms and conditions as the original contract and agree to extend the contract to June 30, 2017. If you have any questions or comments regarding this agreement,please contact me at 949/809-5198 or ,loe.dietz @tetratech.com. Sincerely, )oeietz,PE, SE, LEED AP Director Water,Environment&Infrastructure JD:ck c: Central Files M:\Marketing\Proposals\SITE-TRANA2015\035-City of San Bernardino On-Cult Engr Semce.s for CIP '88a Von Karman Avenue,Suite 500, Irvine,CA 92614-6213 Tel 949.809.5000 Fax 949.809.50 10 tetratech.com 5.K.0 N AMENDMENT NUMBER ONE TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND TETRA TECH FOR Cn ON-CALL PROFESSIONAL ENGINEERING DESIGN AND PROJECT E MANAGEMENT FOR THE CAPITAL IMPROVEMENT PROGRAM(CIP)AND STAFF AUGMENTATION n. This Amendment Number One (the "First Amendment') is entered into this day of 20_, BY AND BETWEEN: .y d the City of San Bernardino, a Charter City organized under the laws of the State of ° California, with an address of 300 N. "D" Street, San Bernardino, California (the L "CITY"); AND, w TETRA TECH (the "CONSULTANT") (individually CITY or CONSULTANT may be referred to as a"PARTY"and collectively CITY and CONSULTANT may be referred to v as the "PARTIES"). O L WITNESSETH : ° w WHEREAS, on August 17, 2015, by Resolution 2015-188 the Mayor and Common � Council of the CITY approved that certain agreement with CONSULTANT (the "Agreement') a, for on-call professional engineering design and project management for the Capital Improvement a Program ("CIP") and staff augmentation; and, WHEREAS, CITY and CONSULTANT desire to amend the Agreement and desire to amend their rights, duties, and liabilities in connection with their performance thereunder; and, E NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the PARTIES hereby agree as follows: s U 1. Section 4.1 "Term"of the Agreement is hereby amended to read as follows: L i� "4.1 Term. This Agreement shall commence on the date approved by the Mayor and ~ Common Council and continue through June 30, 2017. The CITY, through the City Manager, may extend the term of the Agreement for one-year intervals by written notice O to the CONSULTANT. The CITY shall be required to give the CONSULTANT such written notice of its intent to extend before the Agreement expires. The total duration of this Agreement, including the exercise of any options, shall not exceed June 30,2020." Q 2. All other terms and conditions of the Agreement remain in full force and effect. Q X W [Signature Page Follows] CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND TETRA � TECH d Page 1 of 2 Packet Pg. 328 N AMENDMENT NUMBER ONE TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND TETRA TECH FOR co .r ON-CALL PROFESSIONAL ENGINEERING DESIGN AND PROJECT a� MANAGEMENT FOR THE CAPITAL IMPROVEMENT PROGRAM (CIP) AND STAFF AUGMENTATION a IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. a, .y 0 Dated: 12016 TETRA TECH I- 4) a� c By: w Its: v �a U c O Dated , 2016 CITY OF SAN BERNARDINO c m m By: Mark Scott, City Manager a 0 .r T APPROVED AS TO FORM: Gary D. Saenz, City Attorney Q ti n By: L Y Ld r d C O Y C E E a a X w c a� CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND TETRA M TECH Q Page 2 of 2 Packet Pg.328 ATTACHMENT B 5iK.D ' C,idrlvera;a Arr'trina 109 E,3rd St, 15252 Seneca Rd. $ Highway 95,Ste.A 2m :C. San dernodino,CA 92410 Victorville,CA 92342 Fart Acoh"#+ A2 36426 R i i•i.i#.C: �:!?�.3 tl1TES n..T # Ph. 911484 4217 Oh. 760.9S1.7676 Ph. 428'768"1857 1- fix dS�33SG t?C , fix 909.889,0153 lax 760.241,0513 fax 924.768.7086 ts, ;U4S1.631. ll IbIl Free l 00l 879-1282 Civil Engineering.Surmong-Planning WW'W iudwigeng.tt M ca C to N d April 27, 2416 L t. City of San Bernardino Public Works Department w Engineering Division 300 North"D" Street, 3rd Floor v San Bernardino, CA 92410 — U Attention. Fawna Velci, Executive Assistant c O Re: Contract Extension Dear Ms. Vetci, E Ludwig Engineering Assmiates, Inc. is pleased to agree to an extension of our current cell engineering contract with the City of San Bernardino. Thank you for the opportunity to be of service, Q 0 .r Sincerely, E a Jim Fry, P.E., P.L.S. Vice President c 0 c a� K w ns L M 0 U R U c 3 v J r m L V r.+ a r C d t Q rVina kicity dun tl6ik onfi Ap conumi Cx1C115112n ktW,daex 5.K.D CITY OF SAN BERNART?INO o BUSINESS REGISTRATION CERTIFICATE 4 .CCOUNT, This business Registration Cemficatt does not indicate the legal operation of this business at this location- Other approvals by otbet City ACCOUNT departments,such as Development services may he required. This Certificate is issued without verification that the cenfiicate is sob}ect to or to NUMBER exempt from licensing by the State ofCaliforma >_ 30 MNn'6L. The Business Owner is responsible for timely renewal Not recaving a renewal notice for any reason does not relieve V) i responsibility for timely payment if not paid within 30 days of the expiration date shown,a 50%penalty will be imposed. N U SUSI: ESS CLASS: ENGINEER EXPIRATION DATE O DATE PAID NOTES: I213112016 2/112016 BUSINESS LOCATION: 109 E 3RD ST R OWNER,FIRIM OR GLEN LUDWIG CORPORATION �- :t 3i as W BUSINESS NAME LUDWIG ENGINEERING ASSOCIATES INC. U ATTENTION " „ M MAILING ADDRESS 109 F 3RD ST �iEOY�BcttYYd �iZ�t I�tZYtIZU U SAN BERNARDINO, CA, 92410-4801 CITY CLERK c O L 0 C E L Q 0 r Ec� C Q ♦r 0 N d X W U t0 " L 0 U U c O J Y T W U t4 a y 0 E U d•+ Q Packet Pg. 331 LUDWI-1 5.K.D '�1Ct�RL� CERTIFICATE OF LIABILITY INSURANCE DATEI 0512312016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI; CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE: •� BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ 0" REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject t( C the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to thl certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Patricia Ebeli n to Grosslight Insurance IE Div NAME: _ _. . _ a) License#4247283 (AtCflNNO>.Exfl 909-204-3600 ( Not 909-204-3663 0 9381 Haven Ave. EMAIL ADDRESS; Rancho Cucamonga,CA 91730 Gil Grosslight INSURER AFFORDING COVERAGE NAtCA __INSURER A:Sentinel Ins Co Ltd 111000 c INSURED Ludwig Engineering,Inc. INSURERS:Midwest Employers Cas Co 23612 'I1 109 E Third Street INSURER c;Sentinel Ins Co Ltd 19000 C San Bernardino,GA 92410 ........ _ W -INSURER 0. dmirai Ins Co 24$36 INSURER E: U INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 0 U THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOC C INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS O 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. ,0 INSR �._......,_ __......�,,. _,._...._...... _-_......�,_,...,n_._W_ _......_ .._ .d....�.-- —..�....._-- LTR TYPE OF INSURANCE j i POLICY EFF' WC, EXP '_ +. ROLICY NUMBER MMtDDtYYYY MMIDDIYYYY LIMITS � C I X COMMERCIAL GENERAL LIABILITY I EACH OCCURRENCE $ 1,000,( tU __. CLAMS-MADE [X OCCUR 72SBAAN4306 11101/2015 11/01/2016 PR M18ES aodcurrence S 1,000, X XCU not excluded III P ). _ m MEDEXP(Any one person) 1$ 10,E X fed:NA PERSONAL 8 ADV I � T �N _._�.__............. _._.� ? NJURY 1; 1,440,0 Q GENLAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,0 0 POLICY L)( � ...._._.______,.. �I JEOT LOC PRODUCTS-COMPIOPAGG s 2,000,0 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S 1 004,0 N L c aen1L ...._. E AUTO BAA56209367 111011201510101120'16 1NNJURY(Per person) $ E''ANED D S AUTOS Y INJURY(Per accident) S D AUTOS OWNED PR( 'E�tS X LAMA,E r.. I t?er_acagen .._ is f~ S X UMBRELLA LtAB X OCCUR i EACH OCCURRENCE S C ExeESS LWB C�A1MS MADE 72SBAAN4305 E 11/01/2016 11!01!2016,AGGREGATE _..ES __... i s 4,000,0 O DED XJRETENTIONS 10000' WORKERS COMPENSATION S C AND EMPLOYERS'LIABILITY X STATUTE ?ER B ANY PROPRrETOR!PARTNERtExEpUTIVE YIN 18NUWC0135$86 _0410112015 04/01/2017� j i E_L.EACHACCIDENT OFFICERWEMBERECLUDED? NIA S 1,040,4 _ (Mandatory in NH) E.L.CN&EASE-EAEMPLOYEE�SY 1,444,4 "'' If es desarihe under , _ -c-- U DESCRIPTION OF OPERATIONS treipflrE_L DISEASE-POLICY LIMIT'IS ....1,444,4' D Professional Liab E0000027328-02 11/1312015 11/13/2016 Limit 2,000,0 r- Claims Made Ded O 25,01 U to DESCRIPTION OF OPERATIONS t LOCATIONS t VEHICLES IACORD 101,Additional Remarks Schedule,may be attached it more space 3s required] (� Engineers 8r Engineers Services O 3 r' CERTIFICATE HOLDER m CANCELLATION SANBER2 to SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE +�'+ THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Q City of San Bernardino ACCORDANCE WITH THE POLICY PROVISIONS. 300 North D Street San Bernardino,CA 92418 AUTHORIZED REPRESENTATIVE E f y O 1988-2014 ACORD CORPORATION. All rights reserved. Q ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD Packet Pg. 332 S.K.E AMENDMENT NUMBER ONE TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LUDWIG ENGINEERING ASSOCIATES,INC. FOR ON-CALL PROFESSIONAL ENGINEERING DESIGN AND PROJECT MANAGEMENT FOR THE CAPITAL IMPROVEMENT PROGRAM(CIP)AND STAFF AUGMENTATION o ^^L This Amendment Number One (the "First Amendment") is entered into this day of = , 20_,BY AND BETWEEN: N the City of San Bernardino, a Charter City organized under the laws of the State of o California, with an address of 300 N. "D" Street, San Bernardino, California (the "CITY"); _ AND, w LUDWIG ENGINEERING ASSOCIATES, INC. (the "CONSULTANT") (individually CITY or CONSULTANT may be referred to as a "PARTY" and collectively CITY and CONSULTANT may be referred to as the "PARTIES"). 0 WITNESSETH : _ • WHEREAS, on August 17, 2015, by Resolution 2015-188 the Mayor and Common E Council of the CITY approved that certain agreement with CONSULTANT (the "Agreement") a for on-call professional engineering design and project management for the Capital Improvement a Program ("CIP") and staff augmentation; and, WHEREAS, CITY and CONSULTANT desire to amend the Agreement and desire to c amend their rights, duties, and liabilities in connection with their performance thereunder; and, E a NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein,the PARTIES hereby agree as follows: 1. Section 4.1 "Term"of the Agreement is hereby amended to read as follows: _ J "4.1 Term. This Agreement shall commence on the date approved by the Mayor and Common Council and continue through June 30, 2017. The CITY, through the City 0 Manager, may extend the term of the Agreement for one-year intervals by written notice c to the CONSULTANT. The CITY shall be required to give the CONSULTANT such E written notice of its intent to extend before the Agreement expires. The total duration of this Agreement, including the exercise of any options, shall not exceed June 30,2020." E m 2. All other terms and conditions of the Agreement remain in full force and effect. w [Signature Page Follows] E i L CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LUDWIG ENGINEERING ASSOCIATES,INC. Q Page 1 of 2 Packet Pg. 333 S.K.E AMENDMENT NUMBER ONE TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND it LUDWIG ENGINEERING ASSOCIATES,INC. FOR in ON-CALL PROFESSIONAL ENGINEERING DESIGN AND PROJECT E MANAGEMENT FOR THE CAPITAL IMPROVEMENT PROGRAM(CIP)AND STAFF AUGMENTATION a L a IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. c rn .N N 0 Dated: 12016 LUDWIG ENGINEERING ASSOCIATES, INC. a� a� By: `c Its: U c O Dated 12016 CITY OF SAN BERNARDINO ,o c m By: Mark Scott, City Manager a 0 APPROVED AS TO FORM: _ Gary D. Saenz, City Attorney E Q ti By: a� 3 J d C O c N E a m E Q m X W r c d E CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND M LUDWIG ENGINEERING ASSOCIATES,INC. Q Page 2 of 2 Packet Pg. 334 ATTACHMENT C-1 WILLDAN Engineering 'o L a c co c May 24, 2016 0_) .N m a� Mr. Michael Grubbs, PE c City of San Bernardino 300 N "D"Street San Bernardino, CA 92418 W Subject: On-Call Agreement Extension U �a U Dear Mr. Grubbs: 0 L Per your request regarding Willdan's on-call agreement with the City,we agree to have the contract extending to June 30, 2017. All terms and conditions as delineated in the approved contract shall remain in effect. m m L Should you have any questions, or require any additional information, please feel free to contact Q 0 me. �t Sincerely, m WILLDAN ENGINEERING Q es . Guerra 'Direc r of Building and Safety c erra @willdan.com 909.386.0200 x6289 X W c E d L Q c r U L U f4 V Q C d E t U Q Engineering and Planning I Energy Efficiency and Sustainability I Financial and Economic Consulting I National Preparedness and Interoperability 909.386.0200 1 800.789.7517 1 fax:909.888.5107 1 650 E.Hospitality Lane,Suite 250,San Bernardino,CA 92408-3317 1 www,willdan.com Packet Pg.335 S.K.G AMENDMENT NUMBER ONE TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND WILLDAN ENGINEERING FOR Cn ON-CALL PROFESSIONAL ENGINEERING DESIGN AND PROJECT MANAGEMENT FOR THE CAPITAL IMPROVEMENT PROGRAM (CIP) AND STAFF AUGMENTATION o a This Amendment Number One (the "First Amendment') is entered into this _ day of 20 ,BY AND BETWEEN: _ N the City of San Bernardino, a Charter City organized under the laws of the State of o California, with an address of 300 N. "D" Street, San Bernardino, California (the = "CITY"); (D a� c AND, w WILLDAN ENGINEERING (the "CONSULTANT") (individually CITY or v CONSULTANT may be referred to as a "PARTY" and collectively CITY and CONSULTANT may be referred to as the "PARTIES"). �? c 0 WITNESSETH : o c WHEREAS, on August 17, 2015, by Resolution 2015-188 the Mayor and Common E Council of the CITY approved that certain agreement with CONSULTANT (the "Agreement') a for on-call professional engineering design and project management for the Capital Improvement a Program ("CIP") and staff augmentation; and, o WHEREAS, CITY and CONSULTANT desire to amend the Agreement and desire to amend their rights, duties, and liabilities in connection with their performance thereunder; and, E a NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein,the PARTIES hereby agree as follows: v 1. Section 4.1 "Term" of the Agreement is hereby amended to read as follows: "4.1 Term. This Agreement shall commence on the date approved by the Mayor and Common Council and continue through June 30, 2017. The CITY, through the City 0 Manager, may extend the term of the Agreement for one-year intervals by written notice to the CONSULTANT. The CITY shall be required to give the CONSULTANT such E written notice of its intent to extend before the Agreement expires. The total duration of r_ this Agreement, including the exercise of any options, shall not exceed June 30, 2020." E a 2. All other terms and conditions of the Agreement remain in full force and effect. w [Signature Page Follows] CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND c0 WILLDAN ENGINEERING 4 Page 1 of 2 Packet Pg. 336 AMENDMENT NUMBER ONE TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND WILLDAN ENGINEERING FOR in ON-CALL PROFESSIONAL ENGINEERING DESIGN AND PROJECT E MANAGEMENT FOR THE CAPITAL IMPROVEMENT PROGRAM(CIP) AND STAFF AUGMENTATION o a. IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day = and date set forth below. c .N a� 0 Dated: , 2016 WILLDAN ENGINEERING L d G1 c By: W Its: Ta U c O Dated 92016 CITY OF SAN BERNARDINO o c a� • By: Mark Scott, City Manager Q 0 APPROVED AS TO FORM: _ Gary D. Saenz, City Attorney E Q n n By: v c R 2 c O a+ c d E c d E a U X W C 0 E CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND WILLDAN ENGINEERING Q Page 2 of 2 Packet Pg.337 + • • • + + ONWRFID ENGINEERING + • + + • • c • • • • • 0300 S Harbor Blvd. , Suite 814, Anaheim, CA 92805 • • • o • • ' May 20,2016 ATTACHMENT D-1 c c W Mr. Michael W Grubbs, P. E., Project Manager U City of San Bernardino — Ta 300 N. "D"Street C) San Bernardino,CA 92418 c O L O c Q� E 0 Subject:On-Call Agreement for Civil Engineering and Staff Augmentation—Amendment for Extension a� Q 0 .r Dear Michael, a� E a The On-Gall Agreement with Onward Engineering to provide Professional Civil Engineering Design and Project Management Services for the Capital Improvement Program(CIP)and Staff Augmentation expires on June 30, 2016. Onward Engineering hereby requests an extension of the contract to June 30, 2017, subject to all terms,conditions, and compensation provided in the approved Contract. a� Please include Onward Engineering in the renewal process. If any additional information is required, please contact-me at(714)553-3050 or email me at Mataya @OE-Eng.com. L m a� c c W Best regards, _ �f O � c 0 N Majdi Ataya, President X 'a 3 c O o .c a c d E s Q Phone 714-533-3050 www..OnwardEngineering.com Fax 7 Packet Pg.338 S:K.H -+� ONWAR-1 ACORD" DATE(MMIDDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 09/14/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS cc) 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. tS1 IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to c the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the y certificate holder in lieu of such endorsement(s). CONTACT c PRODUCER NAME: Stephanie Fader Solomon 8,Solomon ins Brokers PHONE c Lie4OC30562 c No E :949-583-0300 q!C No:949-051-9342 W 24411 Ridge Route Dr Ste 135 EMAIL g ADDRESS:Stephanie solomonins.com Laguna Hills,CA 92653 2: Kathy Shoffeitt INSURER(S)AFFORDING COVERAGE NAIC/ V INSURERA:Sentinei Insurance Company 11000 — INSURED Onward Engineering INSURERB:Oak River Insurance Company 34630 300 S.Harbor Blvd.Ste.#814 INSURER c:HISCOXILloyd's Syndicate 047731 0= Anaheim,CA 92805 INSURER 0: L INSURER E: r.+ INSURER F: c COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: m E THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD W INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS a. CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, i EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAYHAVE BEEN REDUCED BY PAID CLAIMS.AUDL FO O '",R TYPE OF INSURANCE INSD U1 POLICY NUMBER MMIDD MMIDDNYYY LIMITS • X COMMERCIAL GENERAL LIABILITY OCCURRENCE $ 2,000,000 :it CLAIMS-MADE OCCUR X X 2SBAAP8632 08/07/2015 08/07!2016 EACH PREMISES Ea occurrence $ 1,000,00C = Y Business Owners MED EXP(Any one person) $ 10,000 N X No Deductible PERSONAL&ADV INJURY $ 2,000,000 Q GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 " 7 X POLICY F]PRO- JECT ❑LOC PRODUCTS-COMPIOPAGG $ 4,000,00( OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000 000 (Ea accident) U) • X ANY AUTO 72UECZN1275 08/07/2015 08/07/2016 BODILY INJURY(Per person) S v ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ Z X AUTOS X NON-OWNED PROPERTY DAMAGE $ 0) HIRED AUTOS AUTOS Pereccident U) X Comp/Coll X Ded:$500 $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,00C A EXCESS LIAB CLAIMS MADE 728SAAP8632 08/0712015 08/07/2016 AGGREGATE $ 1,000,000 DED I X I RETENTION$ 10,000 $ WORKERS COMPENSATION X STATUTE ER c OTH- AND EMPLOYERS'LIABILITY YIN W B AWPROPRIEroR/PARTNER1EXECUTIVE X ONWC601287 08107/2015 08107/2016 E.L.EACH ACCIDENT $ 1,000,000 — OFFICERIMEMBER EXCLUDED? NIA W (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 V If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 c C JProfessional NE111261415 08107/2015 08/07/2016 Per Claim 1,000,OOC lability CLAIMS MADE:07/24/2004 Aggregate 1,000,000 O .N c DESCRIPTION OF OPERATIONS f LOCATIONS I VEHICLES (ACORD 101,Addibanal Remarks Schedule,maybe attached if more apace Is required) RE: On-Call Professional Civil Engineering Design & Project Management K Services for CIP & Staff Augmentation LV City of San Bernardino and its elected and appointed boards, officers, agents, and employees are hereby named as additional insured per Business Liability **** **PLEASE SEE ATTACHED NOTEPAD********** 3 c 0 r O CERTIFICATE HOLDER CANCELLATION U CITYOSB SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Q City of San Bernardino ACCORDANCE WITH THE POLICY PROVISIONS. Public Works Dept E attn: Fawns Velci AUTHORIZED REPRESENTATIVE 300 North D Street 2rd Floor ✓ I? San Bernardino CA 92418 Q O 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD Packet Pg.339 R ry NOTEPAD. HOLDERCODE CITYOSB ONWAR-1 E PAG 2 INSURED'SNAME Onward Engineering OP ID:SF Dace 09/14/2015 Coverage is pprimary non-contributory per attached SS0080405 form ((ppgg 15-20) . Waiver of subrogation applies to workers comp per N C990 410B form. d Policy provides 30 days written notice of cancellation for other than non ayment of premium. d d c c W U U c O 0 c m E a� a� L Q 0 it c E Q V 0) L d d C c W fQ U O O N X W lC 3 O O ca Q :.s c m E v Q Packet Pg.340 5.K.H WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 0410B (Ed.9-14) N m WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA BLANKET BASIS aD c We have the right to recover our payments from anyone liable for an Injury covered by this policy. We will not enforce W our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) U The additional premium for this endorsement shall be 2%of the total manual premium otherwise due on such remuneration. The minimum premium for this endorsement is $350. c O 0 This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule, Y c m E SCHEDULE ai L Q BLANKET WAIVER 0 r Person/Organization Blanket Waiver—Any person or organization for whom the Named Insured has a agreed by written contract to furnish this waiver. m E Q Job Description Waiver Premium h All CA Operations 350.00 4* Q a� rn c m m c W 5 U j c O c c ( m X W This endorsement changes the policy to which it Is attached and Is effective on the date Issued unless otherwise stated. (The information below Is required only when this endorsement Is Issued subsequent to preparation of the policy.) 3 h c O Endorsement Effective 08/07/2015 Policy No. ONWC601287 Endorsement No. Q Premium$ s Insured V R Insurance Company Oak River Insurance Company Q c 1 . Countersigned by E E WC 99 04108 :a r (Ed.9-14) Q k Packet Pg. 341 �.K.H • Policy Number: 72SBAAP8632 'N as BUSINESS LIABILITY COVERAGE FORM ° Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights,duties and what is and is not covered. Throughout this policy the words"you" and "your" refer to the Named Insured shown in the Declarations. The words W "we","us"and"our"refer to the stock insurance company member of The Hartford providing this insurance. 2 U The word"insured"means any person or organization qualifying as such under Section C. -Who Is An Insured. — Other words and phrases that appear in quotation marks have special meaning. Refer to Section G. - Liability And Medical Expenses Definitions. O 0 A. COVERAGES (a) The "bodily injury" or "property damage" is caused by an E 1. BUSINESS LIABILITY COVERAGE (BODILY "occurrence" that takes place in the L INJURY, PROPERTY DAMAGE, PERSONAL AND ADVERTISING INJURY) "coverage territory"; Q Insuring Agreement (b) The "bodily injury" or "property o damage" occurs during the policy a. We will pay those sums that the insured period; and V becomes legally obligated to pay as (c) Prior to the policy period, no insured (D damages because of "bodily injury", listed under Paragraph 1. of Section Q "property damage" or "personal and C. — Who Is An Insured and no advertising injury" to which this insurance "employee"authorized by you to give applies. We will have the right and duty to or receive notice of an "occurrence" defend the insured against any "suit' or claim, knew that the"bodily injury" y seeking those damages, However, we will or "property damage" had occurred, have no duty to defend the insured against in whole or in part. If such a listed '2 any "suit" seeking damages for "bodily insured or authorized "employee" injury", "property damage" or "personal and N knew, prior to the policy period, that a, advertising injury" to which this insurance the "bodily injury" or "property E does not apply. damage" occurred, then any We may, at our discretion, investigate any continuation, change or resumption E "occurrence"or offense and settle any claim of such "bodily injury" or "property w or"suit"that may result. But: damage" during or after the policy _ (1) The amount we will pay for damages is period will be deemed to have been Ci limited as described in Section D. - known prior to the policy period. Liability And Medical Expenses Limits (2) To "personal and advertising injury" Of Insurance;and caused by an offense arising out of your 0 (2) Our right and duty to defend ends when business, but only if the offense was we have used up the applicable limit of committed in the "coverage territory" insurance in the payment of judgments, during the policy period. W settlements or medical expenses to which c. "Bodily injury" or "property damage" will be this insurance applies. deemed to have been known to have 3 No other obligation or liability to pay sums or occurred at the earliest time when any perform acts or services is covered unless insured listed under Paragraph 1,of Section explicitly provided for under Coverage C. —Who Is An Insured or any"employee" o Extension-Supplementary Payments. authorized by you to give or receive notice j of an"occurrence"or claim: b. This insurance applies: (1) To "bodily injury" and "property (1) Reports all, or any part, of the "bodily a damage"only if: injury" or "property damage" to us or any other insurer; E Q Form SS 00 08 04 05 Page 1 of 24 © 2005,The Hartford Packet Pg.342 5.K.H BUSINESS LIABILITY COVERAGE FORM (2) Receives a written or verbal demand or b. We will make these payments regardless of C claim for damages because of the"bodily fault. These payments will not exceed the N injury"or"property damage";or applicable limit of insurance. We will pay o (3) Becomes aware by any other means that reasonable expenses for: "bodily injury" or "property damage" has (1) First aid administered at the time of an occurred or has begun to occur. accident; c d. Damages because of"bodily injury' include (2) Necessary medical, surgical, x-ray and c damages claimed by any person or dental services, including prosthetic W organization for care, loss of services or devices;and "> death resulting at any time from the "bodily (3) Necessary ambulance, hospital, U injury". professional nursing and funeral U e. Incidental Medical Malpractice services. c (1) "Bodily injury" arising out of the 3. COVERAGE EXTENSION - 0 rendering of or failure to render SUPPLEMENTARY PAYMENTS professional health care services as a a. We will pay, with respect to any claim or physician, dentist, nurse, emergency "suit" we investigate or settle, or any "suit" E medical technician or paramedic shall against an insured we defend: m be deemed to be caused by an "occurrence", but only if: (1) All expenses we incur. Q (a) The physician, dentist, nurse, (2) Up to $1,000 for the cost of bail bonds emergency medical technician or required because of accidents or traffic paramedic is employed by you to law violations arising out of the use of c provide such services;and any vehicle to which Business Liability a> (b) You are not engaged in the Coverage for"bodily injury"applies. We Q do not have to furnish these bonds. business or occupation of providing such services. (3) The cost of appeal bonds or bonds to d (2) For the purpose of determining the release attachments, but only for bond s amounts within the applicable limit of m limits of insurance for incidental medical insurance. We do not have to furnish malpractice, any act or omission these bonds. together with all related acts or omissions in the furnishing of these (4) All reasonable expenses incurred by the services to any one person will be insured at our request to assist us in the c considered one"occurrence". investigation or defense of the claim or m 2 .MEDICAL EXPENSES "suit", including actual loss of earnings c up to $500 a day because of time off Insuring Agreement from work. W a. We will pay medical expenses as described (5) All costs taxed against the insured in R below for "bodily injury" caused by an the"suit". accident: (6) Prejudgment interest awarded against 0 (1) On premises you own or rent; the insured on that part of the judgment o (2) On ways next to premises you own or we pay. If we make an offer to pay the c rent;or applicable limit of insurance,we will not x (3) Because of your operations; pay any prejudgment interest based on W that period of time after the offer. provided that: (7) All interest on the full amount of any = (1) The accident takes place in the judgment that accrues after entry of the p "coverage territory" and during the judgment and before we have paid, •; policy period; offered to pay, or deposited in court the (2) The expenses are incurred and reported part of the judgment that is within the to us within three years of the date of applicable limit of insurance. Z Q the accident; and Any amounts paid under (1) through (7) I (3) The injured person submits to above will not reduce the limits of insurance. examination, at our expense, by E physicians of our choice as often as we reasonably require. Page 2 of 24 Form SS g Packet Pg.343 . F, S.K.H BUSINESS LIABILITY COVERAGE FORM • b. If we defend an insured against a "suit" So long as the above conditions are met, _ and an indemnitee of the insured is also attorneys' fees incurred by us in the y named as a party to the "suit", we will defense of that indemnitee, necessary 0 defend that indemnitee if all of the litigation expenses incurred by us and following conditions are met; necessary litigation expenses incurred L (1) The "suit" against the indemnitee by the indemnitee at our request will be seeks damages for which the insured paid as Supplementary Payments. 0) has assumed the liability of the Notwithstanding the provisions of W indemnitee in a contract or agreement Paragraph 1.b.(b) of Section B. — that is an"insured contract"; Exclusions, such payments will not be U (2) This insurance applies to such liability deemed to be damages for "bodily assumed by the insured; injury" and "property damage"and will U (3) The obligation to defend, or the cost of not reduce the Limits of Insurance. O the defense of, that indemnitee, has Our obligation to defend an insured's o also been assumed by the insured in indemnitee and to pay for attorneys' fees the same"insured contract"; and necessary litigation expenses as (4) The allegations in the "suit" and the Supplementary Payments ends when: E information we know about the (1) We have used up the applicable limit "occurrence" are such that no conflict of insurance in the payment of a appears to exist between the interests judgments or settlements;or c of the insured and the interest of the (2) The conditions set forth above, or the indemnitee; terms of the agreement described in (5) The indemnitee and the insured ask Paragraph(6)above,are no longer met. E us to conduct and control the defense B. EXCLUSIONS Q of that indemnitee against such "suit' ti and agree that we can assign the 1. Applicable To Business Liability Coverage Iq same counsel to defend the insured This insurance does not apply to: and the indemnitee;and a. Expected Or Intended Injury (6) The indemnitee: (1) "Bodily injury" or "property damage" (a) Agrees in writing to: expected or intended from the (i) Cooperate with us in the standpoint of the insured. This c investigation, settlement or exclusion does not apply to bodily ` defense of the"suit"' injury or property damage" resulting (D from the use of reasonable force to r- (it) Immediately send us copies of protect persons or property;or c any demands, notices, w (2) Personal and advertising injury arising summonses or legal papers m received in connection with out of an offense committed by, at the U the"suit"; direction of or with the consent or c acquiescence of the insured with the o (iii) Notify any other insurer whose expectation of inflicting "personal and o coverage is available to the advertising injury'. c indemnitee;and b. Contractual Liability x (iv) Cooperate with us with respect to coordinating other (1) "Bodily injury"or"property damage";or .Q ul applicable insurance available (2) "Personal and advertising injury" 3 to the indemnitee;and for which the insured is obligated to pay (b) Provides us with written damages by reason of the assumption of authorization to: liability in a contractor agreement, o (i) Obtain records and other This exclusion does not apply to liability U information related to the for damages because of: Q "suit";and (a) "Bodily injury","property damage"or (ii) Conduct and control the "personal and advertising injury"that defense of the indemnitee in the insured would have in the such"suit". absence of the contract or agreement;or a Form SS 00 08 04 05 Packet Pg.344 BUSINESS LIABILITY COVERAGE FORM (b) "Bodily injury"or"property damage" (b) Performing duties related to the assumed in a contract or agreement conduct of the insured's business,or that is an "insured contract", (2) The spouse, child, parent, brother or o provided the "bodily injury" or sister of that "employee" as a "property damage" occurs consequence of(1)above. subsequent to the execution of the contract or agreement. Solely for This exclusion applies: CM the purpose of liability assumed in (1) Whether the insured may be liable as w an "insured contract", reasonable an employer or in any other capacity; — attorneys' fees and necessary and 2 litigation expenses incurred by or for (2) To any obligation to share damages v a party other than an insured are with or repay someone else who must �j deemed to be damages because of pay damages because of the injury. c "bodily injury" or"property damage" This exclusion does not apply to liability 0 l' assumed by the insured under an "insured ° (i) Liability to such party for, or for contract". the cost of, that party's defense f. Pollution E has also been assumed in the m same"insured contract",and (1) "Bodily injury", "property damage" or a� "personal and advertising injury" <( (ii) Such attorneys' fees and arising out of the actual, alleged or litigation expenses are for threatened discharge, dispersal, defense of that party against a seepage, migration, release or escape civil or alternative dispute of"pollutants": resolution proceeding in which E (a) At or from any premises, site or a damages to which this insurance applies are alleged, location which is or was at any r, time owned or occupied by, or c. Liquor Liability rented or loaned to any insured. v "Bodily injury" or "property damage" for However, this subparagraph does 0 which any insured may be held liable by not apply to: reason of: (I) "Bodily injury"if sustained within (1) Causing or contributing to the a building and caused by intoxication of any person; smoke, fumes, vapor or soot c (2) The furnishing of alcoholic beverages to produced by or originating from d a person under the legal drinking age or equipment that is used to heat, c I under the influence of alcohol;or cool or dehumidify the building, _ or equipment that is used to w r (3) Any statute, ordinance or regulation to the sale, gift, distribution or heat water for personal use, by the building's occupants or their �? use of alcoholic beverages. u guests; p This exclusion applies only if you are in the (ii) "Bodily injury o business of manufacturing, distributing, " or properly selling, serving or furnishing alcoholic damage for which you may be v, held liable, if you are a 0 beverages. contractor and the owner or K d. Workers' Compensation And Similar lessee of such premises, site or "a Laws location has been added to your R Any obligation of the insured under a policy as an additional insured workers' compensation, disability benefits with respect to your ongoing 0 or unemployment compensation law or operations performed for that o any similar law, additional insured at that _ e. Employer's Liability premises, site or location and such premises site or location "Bodily injury to: Q is not and never was owned or i (1) An "employee" of the insured arising c out of and in the course of: occupied by, or rented or loaned to, any insured, other E L, (a) Employment by the insured; or than that additional insured;or Q t Page 4 of 24 Form SS Packet Pg.345 F 5.K.H BUSINESS LIABILITY COVERAGE FORM (iii)"Bodily injury" or "property released as part of the damage" arising out of heat, operations being performed smoke or fumes from a by such insured, contractor or p "hostile fire"; subcontractor; � (b) At or from any premises, site or (ii) "Bodily injury' or "property location which is or was at any damage" sustained within a time used by or for any insured or building and caused by the Im others for the handling, storage, release of gases, fumes or w disposal, processing or treatment vapors from materials brought of waste; into that building in connection U (c) Which are or were at any time with operations being performed transported, handled, stored, by you or on your behalf by a 0 treated, disposed of, or processed contractor orsubcontractor,or 0 as waste by or for: (iii)"Bodily injury" or "property o (i) Any insured; or damage" arising out of heat, smoke or fumes from a (ii) Any person or organization for "hostile fire'; or E whom you may be legally $D responsible; (e) At or from any premises, site or `0 (d) At or from any premises, site or location on which any insured or any o contractors or subcontractors 0 location on which any insured or working directly or indirectly on any V any contractors or subcontractors insured's behalf are performing -a working directly or indirectly on operations if the operations are to aai any insured's behalf are test for, monitor, dean up, remove, E performing operations if the contain, treat, detoxify or neutralize, "pollutants" are brought on or to or in any way respond to,or assess r~ the premises, site or location in the effects of,"pollutants". connection with such operations by such insured, contractor or (2) Any loss, cost or expense arising out subcontractor. However, this of any: v_ subparagraph does not apply to: (a) Request,demand,order or statutory (i) "Bodily injury" or "property or regulatory requirement that any 0) damage" arising out of the insured or others test for, monitor, S tM escape of fuels, lubricants or clean up, remove, contain, treat, other operating fluids which are detoxify or neutralize, or in any way needed to perform the normal respond to, or assess the effects of,nts t " polluta ";or w electrical, hydraulic or _ mechanical functions (b) Claim or suit by or on behalf of a M necessary for the operation of governmental authority for "mobile equipment"or its parts, damages because of testing for, O if such fuels,lubricants or other monitoring, cleaning up, removing, c rs operating fluids escape from a containing, treating, detoxifying or vehicle part designed to hold, neutralizing, or in any way store or receive them. This responding to, or assessing the w exception does not apply if the effects of, "pollutants". •a "bodily injury" or "property However, this paragraph does not t° damage" arises out of the apply to liability for damages because intentional discharge, dispersal of"property damage" that the insured r or release of the fuels, would have in the absence of such p lubricants or other operating request, demand, order or statutory or fluids, or if such fuels, regulatory requirement, or such claim M lubricants or other operating or "suit" by or on behalf of a Q fluids are brought on or to the governmental authority. :- premises, site or location with the intent that they be E discharged, dispersed or R Q Form SS 00 08 04 05 Packet Pg.346 BUSINESS LIABILITY COVERAGE FORM g. Aircraft,Auto Or Watercraft (2) The use of "mobile equipment" in, or "Bodily injury" or "property damage" arising while in practice or preparation for, a 4) out of the ownership, maintenance, use or prearranged racing, speed or p tM entrustment to others of any aircraft, "auto" demolition contest or in any stunting or watercraft owned or operated by or rented activity. or loaned to any operation and"loading or insured.unload nee includes i. War 9 9 Bodily injury , 'property damage or = This exclusion applies even if the claims "personal and advertising injury", however W against any insured allege negligence or caused,arising,directly or indirectly,out of: .5 other wrongdoing in the supervision, hiring, (1) War, including undeclared or civil war; v employment, training or monitoring of others '00 b that insured, if the "occurrence" which (2) Warlike action by a military force, c> caused the "bodily injury' or "property including action in hindering or O� damage" involved the ownership, defending against an actual or L maintenance,use or entrustment to others of expected attack, by any government, any aircraft, "auto" or watercraft that is sovereign or other authority using m owned or operated by or rented or loaned to military personnel or other agents; or E any insured. (3) Insurrection, rebellion, revolution, This exclusion does not apply to: usurped power, or action taken by Q governmental authority in hindering or p (1) A watercraft while ashore on premises defending against any of these. you own or rent; J. Professional Services a (2) A watercraft you do not own that is: "Bodily injury", "property damage" or (D (a) Less than 51 feet long;and "personal and advertising injury" arising E Q (b) Not being used to carry persons out of the rendering of or failure to render for a charge; any professional service. This includes (3) Parking an "auto" on, or on the ways but is not limited to: next to, premises you own or rent, (1) Legal, accounting or advertising (D provided the"auto" is not owned by or services; rented or loaned to you or the insured; (2) Preparing, approving, or failing to (4) Liability assumed under any "insured prepare or approve maps, shop contract" for the ownership, drawings, opinions, reports, surveys, S maintenance or use of aircraft or field orders, change orders, designs or watercraft; drawings and specifications; c (5) "Bodily injury" or "property damage" (3) Supervisory, inspection, architectural w arising out of the operation of any of or engineering activities; _ the equipment listed in Paragraph f.(2) (4) Medical, surgical, dental, x-ray or U or f.(3) of the definition of "mobile nursing services treatment, advice or o equipment'; or instruction; c (6) An aircraft that is not owned by any (5) Any health or therapeutic service °- insured and is hired,chartered or loaned treatment, advice or instruction; r_ with a paid crew. However, this (6) Any service, treatment, advice or k exception does not apply if the insured instruction for the purpose of uJ has any other insurance for such"bodily L appearance or skin enhancement, hair M injury" or "property damage", whether removal or replacement or personal c the other insurance is primary, excess, grooming; O conti ngent or on any other basis. h. Mobile Equipment (7) Optical or hearing aid services p including the prescribing, preparation, "Bodily injury" or "property damage" fitting, demonstration or distribution of arising out of: ophthalmic lenses and similar Q (1) The transportation of"mobile equipment' products or hearing aid devices; by an "auto" owned or operated by or . rented or loaned to any insured;or Q Page 6 of 24 Form SS Packet P�.347 5.K.H BUSINESS LIABILITY COVERAGE FORM (8) Optometry or optometric services Paragraphs (1), (3) and (4) of this including but not limited to examination exclusion do not apply to "property U) of the eyes and the prescribing, damage (other than damage by fire) to a preparation, fitting,demonstration or premises, including the contents of such distribution of ophthalmic lenses and premises,rented to you for a period of 7 or similar products; fewer consecutive days. A separate Limit c of Insurance applies to Damage To S (9) Any: Premises Rented To You as described in w (a) Body piercing (not including ear Section D.-Limits Of Insurance. — piercing); '- Paragraph (2) of this exclusion does not V (b) Tattooing, including but not limited apply if the premises are "your work" and to the insertion of pigments into or were never occupied, rented or held for �? under the skin; and rental by you. 0 (c) Similar services; Paragraphs (3)and (4)of this exclusion do a (10) Services in the practice of pharmacy; not apply to the use of elevators. and Paragraphs (3), (4), (5) and (6) of this (11) Computer consulting, design or exclusion do not apply to liability assumed m programming services, including web under a sidetrack agreement. site design. Paragraphs(3)and (4)of this exclusion do 0 Paragraphs(4) and (5)of this exclusion do not apply to "property damage" to not apply to the Incidental Medical borrowed equipment while not being used Malpractice coverage afforded under to perform operations at a job site. c Paragraph 1.e.in Section A.-Coverages. Paragraph (6) of this exclusion does not E k. Damage To Property apply to"property damage"included in the Q "Property damage"to: "products-completed operations hazard". (1) Property you own, rent or occupy, I. Damage To Your Product including any costs or expenses "Property damage" to "your product" U) incurred by you, or any other person, arising out of it or any part of it. L) organization or entity, for repair, m. Damage To Your Work replacement, enhancement, rn " to " restoration or maintenance of such "Property damage" work" arising a) property for any reason, including out of it or any part of it and included in the prevention of injury to a person or "products-completed operations hazard". damage to another's property; This exclusion does not apply if the (2) Premises you sell, give away or damaged work or the work out of which w abandon, if the"property damage"arises the damage arises was performed on your a subcontractor. behalf b hay . — �j out of any part of those premises; be , (3) Property loaned to you; n. Damage To Impaired Property Or Property Not Physically Injured = (4) Personal property in the care, custody o or control of the insured; "Property damage" to "impaired property" y or property that has not been physically ari (5) That particular part of real property on injured, arising out of: w which you or any contractors or subcontractors working directly or (1) A defect, deficiency, inadequacy or 10. dangerous condition in "your product" M indirectly on your behalf are performing 3 operations, if the "property damage" or"your work";or o arises out of those operations;or (2) A delay or failure by you or anyone (6) That particular part of any property acting on your behalf to perform a o that must be restored, repaired or contract or agreement in accordance replaced because "your work" was with its terms. incorrectly performed on it. This exclusion does not apply to the loss `t of use of other property arising out of i sudden and accidental physical injury to E "your product" or "your work" after it has been put to its intended use. Q Form SS 00 08 04 05 f"PCket �P, BUSINESS LIABILITY COVERAGE FORM o. Recall Of Products, Work Or Impaired (c) Title of any literary or artistic work; _ a� Property (8) Arising out of an offense committed by Damages claimed for any loss, cost or an insured whose business is: o expense incurred by you or others for the (a) Advertising, broadcasting, loss of use, withdrawal, recall, inspection, publishing or telecasting; repair, replacement, adjustment, removal (b) Designing or determining content c or disposal of: of web sites for others; or (1) "Your product"; (c) An Internet search, access, W (2) "Your work';or content or service provider. (3) ""Impaired property";Y"; However, this exclusion does not v if such product, work or property is apply to Paragraphs a., b. and c. withdrawn or recalled from the market or under the definition of "personal and from use by any person or organization advertising injury" in Section G. — because of a known or suspected defect, Liability And Medical Expenses .° deficiency, inadequacy or dangerous Definitions, condition in it. For the purposes of this exclusion, E p. Personal And Advertising Injury placing an "advertisement" for or L "Personal and advertising injury": linking to others on your web site, by a (1) Arising out of oral,written or electronic itself, is not considered the business o publication of material, if done by or at of advertising, broadcasting, publishing or telecasting; the direction of the insured with knowledge of its falsity; (9) Arising out of an electronic chat room (2) Arising out of oral,written or electronic or bulletin board the insured hosts, Q i publication of material whose first owns, or over which the insured publication took place before the exercises control; • beginning of the policy period; (10) Arising out of the unauthorized use of another's name or product in your e-mail y (3) Arising out of a criminal act committed 0 by or at the direction of the insured; address, domain name or metafags, or V any other similar tactics to mislead (4) Arising out of any breach of contract, another's potential customers; in except an implied contract to use a� another's "advertising idea" in your (11) Arising out of the violation of a = "advertisement"; persons right of privacy created by any state or federal act. _ (5) Arising out of the failure of goods, However, this exclusion does not products or services to conform with apply to liability for damages that the w any statement of quality or insured would have in the absence of M performance made in your U such state or federal act; "advertisement"; (12) Arising out of: 0 (6) Arising out of the wrong description of c the price of goods,products or services; (a) An "advertisement" for others on o your web site; c (7) Arising out of any violation of any a� intellectual property rights such as (b) Placing a link to a web site of w copyright, patent, trademark, trade others on your web site; ._ name, trade secret, service mark or (c) Content from a web site of others 3 other designation of origin or displayed within a frame or border = authenticity. on your web site. Content includes O However, this exclusion does not information, code, sounds, text, apply to infringement, in your graphics or images;or "advertisement", of (d) Computer code, software or (a) Copyright; programming used to enable: Q (b) Slogan, unless the slogan is also (i) Yourweb site; or a trademark, trade name, service (ii) The presentation or functionality E mark or other designation of origin of an "advertisement" or other 0 or authenticity; or content on your web site; a t Page 8 of 24 Form SS Packet Pg.349 �f S.K.H BUSINESS LIABILITY COVERAGE FORM (13) Arising out of a violation of any anti- (a) May be awarded or incurred by trust law; reason of any claim or suit (14) Arising out of the fluctuation in price or alleging actual or threatened injury p value of any stocks, bonds or other or damage of any nature or kind to c securities; or persons or property which would not have occurred in whole or in a, (15) Arising out of discrimination or part but for the"asbestos hazard"; humiliation committed by or at the direction of any "executive officer" (b) Arise out of any request, demand, W director, stockholder, partner or order or statutory or regulatory member of the insured. requirement that any insured or v Electronic Data others test for, monitor, clean up, q• remove, encapsulate, contain, U Damages arising out of the loss of, loss of treat, detoxify or neutralize or in c use of, damage to, corruption of, inability any way respond to or assess the O to access, or inability to manipulate effects of an"asbestos hazard"; or ° "electronic data". (c) Arise out of any claim or suit for r. Employment-Related Practices damages because of testing for, E "Bodily injury"or"personal and advertising monitoring, cleaning up, removing, injury"to: encapsulating, containing, treating, Q (1) A person arising out of any, detoxifying or neutralizing or in any o way responding to or assessing the (a) Refusal to employ that person; effects of an"asbestos hazard". b Termination of that person's = t ( ) P t. Violation Of Statutes That Govern E- m ( employment; or Mails, Fax, Phone Calls Or Other E (c) Employment-related practices, Methods Of Sending Material Or policies, acts or omissions, such as Information coercion, demotion, evaluation, "Bodily injury", "property damage", or • reassignment, discipline, ,personal and advertising injury arising N t defamation, harassment, humiliation directly or indirectly out of any action or or discrimination directed at that omission that violates or is alleged to person;or violate: (2) The spouse, child, parent, brother or (1) The Telephone Consumer Protection c sister of that person as a Act(TCPA), including any amendment consequence of "bodily injury" or of or addition to such law; "personal and advertising injury"to the (2) The CAN-SPAM Act of 2003, including person at whom any of the any amendment of or addition to such W employment-related practices — described in Paragraphs(a), (b), or(c) law;or U above is directed. (3) Any statute, ordinance or regulation, c other than the TCPA or CAN-SPAM Act This exclusion applies: of 2003, that prohibits or limits the c (1) Whether the insured may be liable as sending, transmitting, communicating or U an employer or in any other capacity; distribution of material or information. 0 and x Damage To Premises Rented To You — W (2) To any obligation to share damages Exception For Damage By Fire, Lightning with or repay someone else who must or Explosion 3 pay damages because of the injury. _ Exclusions c. through h. and k. through o. do O s. Asbestos not apply to damage by fire, lightning or o (1) "Bodily injury", "property damage" or explosion to premises rented to you or = "personal and advertising injury' temporarily occupied by you with permission of arising out of the"asbestos hazard". the owner. A separate Limit of Insurance a (2) Any damages, judgments, settlements, applies to this coverage as described in loss,costs or expenses that: Section D. - Liability And Medical Expenses .r d Limits Of Insurance. E a Form SS 00 08 04 05 Packet Pg.350 I 5.IC.H BUSINESS LIABILITY COVERAGE FORM 2. Applicable To Medical Expenses Coverage e. A trust, you are an insured. Your trustees = are also insureds, but only with respect to N We will not pay expenses for'bodily injury": their duties as trustees, p a. Any Insured 0)To any insured,except"volunteer workers", 2. Each of the following is also an insured; b. Hired Person a. Employees And Volunteer Workers m To a person hired to do work for or on behalf Your "volunteer workers" only while rn of any insured or a tenant of any insured. performing duties related to the conduct of = w c. Injury On Normally Occupied Premises your business, or your"employees', other than either your executive officers (if you Z To a person injured on that part of are an organization other than a v premises you own or rent that the person partnership, joint venture or limited liability U normally occupies. company) or your managers (if you are a c d. Workers' Compensation And Similar limited liability company), but only for acts O Laws within the scope of their employment by o To a person, whether or not an you or while performing duties related to p„ the conduct of your business. m 11 employee of any insured, if benefits for E the "bodily injury" are payable or must be However, none of these "employees" or provided under a workers' compensation "volunteer workers"are insureds for: rn or disability benefits law or a similar law. (1) "Bodily injury" or "personal and o e. Athletics Activities advertising injury": it To a person injured while practicing, (a) To you, to your partners or instructing or participating in any physical members (if you are a partnership exercises or games, sports or athletic or joint venture), to your members Q contests. (if you are a limited liability f. Products-Completed Operations Hazard company), or to a co-"employee" ti AWAL while in the course of his or her Included with the "products-completed employment or performing duties operations hazard", related to the conduct of your 0 g. Business Liability Exclusions business, or to your other Excluded under Business Liability Coverage. "volunteer workers" while U) performing duties related to the C. WHO IS AN INSURED conduct of your business; 1. If you are designated in the Declarations as: (b) To the spouse, child, parent, W a. An individual, you and your spouse are brother or sister of that co- 'rn insureds, but only with respect to the "employee" or that "volunteer w conduct of a business of which you are the worker" as a consequence of _- sole owner. Paragraph (1)(a)above; U b. A partnership or joint venture, you are an (c) For which there is any obligation insured. Your members, your partners, and to share damages with or repay = their spouses are also insureds,but only with someone else who must pay U) respect to the conduct of your business. damages because of the injury 0 c. A limited liability company, you are an described in Paragraphs (1)(a) or (b)above;or W insured. Your members are also insureds, but only with respect to the conduct of your (d) Arising out of his or her providing business. Your managers are insureds, but or failing to provide professional only with respect to their duties as your health care services. O managers, If you are not in the business of d. An organization other than a partnership, providing professional health care joint venture or limited liability company, you services, Paragraph (d) does not apply coo are an insured. Your"executive officers"and to any nurse, emergency medical Q 1 directors are insureds, but only with respect technician or paramedic employed by c to their duties as your officers or directors, you to provide such services, a� Your stockholders are also insureds, but only (2) "Property damage"to property: with respect to their liability as stockholders, (a) Owned, occupied or used by, Q � Page 10 of 24 Form SS Packet Pg.351 I P' BUSINESS LIABILITY COVERAGE FORM (b) Rented to, in the care, custody or b. Coverage under this provision does not a, control of, or over which physical apply to: control is being exercised for any (1) "Bodily injury" or "property damage" purpose by you, any of your that occurred; or "employees", "volunteer workers", (2) "Personal and advertising injury" any partner or member(if you are arising out of an offense committed E a partnership or joint venture), or any member (if you are a limited before you acquired or formed the W liability company), organization. b. Real Estate Manager 4. Operator Of Mobile Equipment U Any person (other than your"employee"or With respect to"mobile equipment" registered in v "volunteer worker"), or any organization your name under any motor vehicle registration c while acting as your real estate manager. law, any person is an insured while driving such O L. equipment along a public highway with your c. Temporary Custodians Of Your %- Property permission. Any other person or organization responsible for the conduct of such person is Any person or organization having proper also an insured, but only with respect to liability E temporary custody of your property if you arising out of the operation of the equipment,and die, but only: only if no other insurance of any kind is available Q (1) With respect to liability arising out of the to that person or organization for this liability. 0 maintenance or use of that property;and However, no person or organization is an insured (2) Until your legal representative has with respect to: _ been appointed. a. "Bodily injury" to a co-"employee" of the E d. Legal Representative If You Die person driving the equipment; or Q Your legal representative if you die, but b. "Property damage" to property owned by, only with respect to duties as such. That rented to, in the charge of or occupied by representative will have all your rights and you or the employer of any person who is duties under this insurance, an insured under this provision. N m e. Unnamed Subsidiary 5. Operator of Nonowned Watercraft Z Any subsidiary and subsidiary thereof, of With respect to watercraft you do not own that W yours which is a legally incorporated entity is less than 51 feet long and is not being used c of which you own a financial interest of to carry persons for a charge,any person is an L- more than 50% of the voting stock on the insured while operating such watercraft with c effective date of this Coverage Part. your permission. Any other person or The insurance afforded herein for any organization responsible for the conduct of w such person is also an insured, but only with _ subsidiary not shown in the Declarations respect to liability arising out of the operation U as a named insured does not apply to of the watercraft, and only if no other � injury or damage with respect to which an Insurance of any kind is available to that Q insured under this insurance is also an = person or organization for this liability. o insured under another policy or would be N an insured under such policy but for its However, no person or organization is an termination or upon the exhaustion of its insured with respect to: X limits of insurance. a. "Bodily injury" to a co"employee" of the Lu 3. Newly Acquired Or Formed Organization person operating the watercraft;or' Any organization you newly acquire or form, b. Property damage to property owned by, other than a partnership, joint venture or rented to, in the charge of or occupied by O limited liability company, and over which you you or the employer of any person who is o maintain financial interest of more than 50%of an insured under this provision. the voting stock, will qualify as a Named 6. Additional Insureds When Required By M Insured if there is no other similar insurance Written Contract, Written Agreement Or < available to that organization. However. Permit a. Coverage under this provision is afforded The person(s) or organization(s) identified in E only until the 180th day after you acquire Paragraphs a. through f. below are additional or form the organization or the end of the insureds when you have agreed, in a written policy period,whichever is earlier;and a Form SS 00 08 04 05 P Packet Pg.3ra2 BUSINESS LIABILITY COVERAGE FORM contract, written agreement or because of a (e) Any failure to make such Em permit issued by a state or political inspections, adjustments, tests or U) subdivision, that such person or organization servicing as the vendor has p be added as an additional insured on your agreed to make or normally policy, provided the injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business, in connection c agreement, or the issuance of the permit. with the distribution or sale of the a, A person or organization is an additional products; W insured under this provision only for that (f) Demonstration, installation, - servicing or repair operations, period of time required by the contract, U agreement or permit• except such operations performed However, no such person or organization is an at the vendor's premises in U connection with the sale of the c additional insured under this provision if such O product; person or organization is included as an o additional insured by an endorsement issued (g) Products which, after distribution w- by us and made a part of this Coverage Part, or sale by you, have been labeled including all persons or organizations added or relabeled or used as a W as additional insureds under the specific container, part or ingredient of any ` additional insured coverage grants in Section other thing or substance by or for a F.—Optional Additional Insured Coverages. the vendor, or o a. Vendors (h) "Bodily injury" or "property Any person(s)or organization(s) (referred to damage" arising out of the sole below as vendor), but only with respect to negligence of the vendor for its own acts or omissions or those of E "bodily injury" or "property damage" arising Q out of"your products" which are distributed its employees or anyone else or sold in the regular course of the vendor's acting on its behalf. However,this h business and only if this Coverage Part exclusion does not apply to: provides coverage for "bodily injury" or (I) The exceptions contained in y "property damage" included within the Subparagraphs (d)or(f);or "products-completed operations hazard". (ii) Such inspections, adjustments, (1) The insurance afforded to the vendor tests or servicing as the vendor Cn is subject to the following additional has agreed to make or normally c exclusions: undertakes to make in the usual course of business, in c This insurance does not apply to: connection with the distribution (a) "Bodily injury' or "property or sale of the products. W damage" for which the vendor is (2) This insurance does not apply to any obligated to pay damages by insured person or organization from reason of the assumption Of whom you have acquired such products, O liability in a contract or agreement. or any ingredient, part or container, G This exclusion does not apply to entering into, accompanying or N liability for damages that the containing such products. y vendor would have in the absence K of the contract or agreement; b. Lessors Of Equipment w (b) Any express warranty (1) Any person or organization from unauthorized by you; whom you lease equipment; but only 3 with respect to their liability for bodily = I (c) Any physical or chemical change injury", property damage or in the product made intentionally "personal and advertising injury" p by the vendor; caused, in whole or in part, by your (d) Repackaging, except when maintenance, operation or use of r unpacked solely for the purpose of equipment leased to you by such a J. inspection, demonstration, testing, person or organization• or the substitution of parts under instructions from the manufacturer, s and then repackaged in the original container; a Page 12 of 24 Form SS Packet Pg.463 BUSINESS LIABILITY COVERAGE FORM (2) With respect to the insurance afforded e. Permits Issued By State Or Political to these additional insureds, this Subdivisions insurance does not apply to any (1) Any state or political subdivision, but "occurrence" which takes place after only with respect to operations c you cease to lease that equipment. performed by you or on your behalf for c. Lessors Of Land Or Premises which the state or political subdivision c (1) Any person or organization from has issued a permit, w whom you lease land or premises, but (2) With respect to the insurance afforded _ only with respect to liability arising out to these additional insureds, this of the ownership, maintenance or use insurance does not apply to: �? of that part of the land or premises (a) "Bodily injury", "property damage" �j leased to you. or "personal and advertising c (2) With respect to the insurance afforded injury" arising out of operations 0 to these additional insureds, this performed for the state or ,o insurance does not apply to: municipality; or (a) Any "occurrence" which takes (b) "Bodily injury"or"property damage" E place after you cease to lease that included within the "products- L land or be a tenant in that completed operations hazard". Q premises;or f. Any Other Party o (b) Structural alterations, new (1) Any other person or organization who construction or demolition is not an insured under Paragraphs a. 'e operations performed by or on through e. above, but only with 4) behalf of such person or respect to liability for "bodily injury", E organization. "property damage" or "personal and d. Architects, Engineers Or Surveyors advertising injury" caused, in whole or (1) Any architect, engineer, or surveyor, but in part, by your acts or omissions or Iq only with respect to liability for "bodily the acts or omissions of those acting N injury', "property damage" or"personal on your behalf: and advertising injury"caused, in whole (a) In the performance of your it or in part, by your acts or omissions or ongoing operations; v� the acts or omissions of those acting on (b) In connection with your premises c your behalf: owned by or rented to you;or (a) In connection with your premises; (c) In connection with"your work"and or included within the "products- c (b) In the performance of your completed operations hazard", but w ongoing operations performed by only if U you or on your behalf. (i) The written contract or written c (2) With respect to the insurance afforded agreement requires you to to these additional insureds, the provide such coverage to 0 following additional exclusion applies: such additional insured;and This insurance does not apply to (ii) This Coverage Part provides x 4 "bodily injury", "property damage" or coverage for "bodily injury" or w "personal and advertising injury" "property damage" included R arising out of the rendering of or the within the "products- c failure to render any professional completed operations hazard". p services by or for you,including: (2) With respect to the insurance afforded o (a) The preparing, approving, or to these additional insureds, this failure to prepare or approve, insurance does not apply to: maps, shop drawings, opinions, "Bodily injury", "property damage" or Q reports, surreys, field orders, "personal and advertising injury" c change orders, designs or arising out of the rendering of, or the (D drawings and specifications;or failure to render, any professional s (b) Supervisory, inspection, architectural, engineering or surveying architectural or engineering services, including: Q activities. Form SS 00 08 04 05 P Packet Pg.354 i S.K.W BUSINESS LIABILITY COVERAGE FORM (a) The preparing, approving, or This General Aggregate limit does not M failure to prepare or approve, apply to "property damage" to premises maps, shop drawings, opinions, while rented to you or temporarily reports, surveys, field orders, occupied by you with permission of the c change orders, designs or owner, arising out of fire, lightning or drawings and specifications;or explosion. c (b) Supervisory, inspection, 3. Each Occurrence Limit c architectural or engineering Subject to 2.a. or 2.b above, whichever w activities. applies, the most we will pay for the sum of all > The limits of insurance that apply to additional damages because of all "bodily injury", U insureds are described in Section D. — Limits "property damage" and medical expenses L) Of Insurance. arising out of any one "occurrence" is the c Liability and Medical Expenses Limit shown in O How this insurance applies when other L insurance is available to an additional insured the Declarations. ,0 is described in the Other Insurance Condition The most we will pay for all medical expenses in Section E.—Liability And Medical Expenses because of "bodily injury" sustained by any E General Conditions. one person is the Medical Expenses Limit No person or organization is an insured with shown in the Declarations. Q respect to the conduct of any current or past 4. Personal And Advertising Injury Limit o partnership, joint venture or limited liability Subject to 2.b.above, the most we will pay for company that is not shown as a Named Insured in the sum of all damages because of all c the Declarations. "personal and advertising injury" sustained by E D. LIABILITY AND MEDICAL EXPENSES any one person or organization is the Personal E LIMITS OF INSURANCE and Advertising Injury Limit shown in the Declarations. ti 1. The Most We Will Pay It 5. Damage To Premises Rented To You Limit The Limits of Insurance shown in the y Declarations and the rules below fix the most The Damage To Premises Rented To You we will pay regardless of the number of: Limit is the most we will pay under Business Liability Coverage for damages because of a. Insureds; "property damage" to any one premises,while b. Claims made or"suits"brought;or rented to you,or in the case of damage by fire, c c. Persons or organizations making claims or lightning or explosion, while rented to you or 4) bringing"suits". temporarily occupied by you with permission of c 2. Aggregate Limits the owner. c In the case of damage by fire, lightning or W The most we will pay for: explosion, the Damage to Premises Rented To V a. Damages because of "bodily injury" and You Limit applies to all damage proximately "property damage" included in the caused by the same event, whether such O "products-completed operations hazard"is damage results from fire, lightning or explosion o the Products-Completed Operations or any combination of these. Aggregate Limit shown in the c Declarations. 6. How Limits Apply To Additional Insureds The most we will pay on behalf of a person or W b. Damages because of all other "bodily 'E organization who is an additional insured � injury", property damage or 'personal under this Coverage Part is the lesser of: 3 and advertising injury', including medical c expenses, is the General Aggregate Limit a. The limits of insurance specified in a O shown in the Declarations. written contract, written agreement or o This General Aggregate Limit applies permit issued by a state or political separately to each of your "locations" subdivision; or owned by or rented to you. b. The Limits of Insurance shown in the a 4 Declarations. :j "Location" means premises involving the c same or connecting lots, or premises Such amount shall be a part of and not in E whose connection is interrupted only by a addition to the Limits of Insurance shown in street, roadway or right-of-way of a the Declarations and described in this Section. M railroad. a Page 14 of 24 Form SS Packet Pg.355 ! I f i 5.K.H BUSINESS LIABILITY COVERAGE FORM If more than one limit of insurance under this (1) Immediately send us copies of any policy and any endorsements attached thereto demands, notices, summonses or applies to any claim or"suit", the most we will pay legal papers received in connection o under this policy and the endorsements is the with the claim or"suit"; single highest limit of liability of all coverages (2) Authorize us to obtain records and d applicable to such claim or "suit". However, this other information; c paragraph does not apply to the Medical Expenses (3) Cooperate with us in the investigation, c limit set forth in Paragraph 3.above. settlement of the claim or defense W The Limits of Insurance of this Coverage Part apply against the"suit";and Z separately to each consecutive annual period and to U (4) Assist us, upon our request, in the any remaining period of less than 12 months,starting m with the beginning of the policy period shown in the enforcement of any right against any U person or organization that may be Declarations, unless the policy period is extended � after issuance for an additional period of less than 12 liable to the insured because of injury 0 or damage to which this insurance ,o months. In that case, the additional period will be may also apply. _ deemed part of the last preceding period for purposes of determining the Limits of Insurance. d. Obligations At The Insured's Own Cost E E. LIABILITY AND MEDICAL EXPENSES No insured will, except at that insured's own L GENERAL CONDITIONS cost, voluntarily make a payment, assume any obligation, or incur any expense, other o 1. Bankruptcy than for first aid,without our consent. it Bankruptcy or insolvency of the insured or of e. Additional Insured's Other Insurance the insured's estate will not relieve us of our If we cover a claim or "suit" under this obligations under this Coverage Part. Coverage Part that may also be covered Q 2. Duties In The Event Of Occurrence, by other insurance available to an Offense,Claim Or Suit additional insured, such additional insured ti a. Notice Of Occurrence Or Offense must submit such claim or "suit" to the le other insurer for defense and indemnity. y You or any additional insured must see to it that we are notified as soon as However, this provision does not apply to 2 practicable of an "occurrence" or an the extent that you have agreed in a offense which may result in a claim. To written contract, written agreement or the extent possible, notice should include: permit that this insurance is primary and non-contributory with the additional (1) How, when and where the"occurrence" insured's own insurance. _ or offense took place; f. Knowledge Of An Occurrence, Offense, (2) The names and addresses of any Claim Or Suit W injured persons and witnesses;and Paragraphs a. and b. apply to you or to (3) The nature and location of any injury any additional insured only when such or damage arising out of the "occurrence", offense, claim or "suit" is 0 "occurrence"or offense. known to; _ 0 b. Notice Of Claim (1) You or any additional insured that is If a claim is made or "suit" is brought an individual; against any insured, you or any additional (2) Any partner, if you or an additional W insured must: insured is a partnership; (1) Immediately record the specifics of the (3) Any manager, if you or an additional claim or "suit" and the date received; insured is a limited liability company; 0 and (4) Any "executive officer" or insurance p (2) Notify us as soon as practicable. manager, if you or an additional You or any additional insured must see to insured is a corporation; C it that we receive a written notice of the (5) Any trustee, if you or an additional a claim or"suit"as soon as practicable. insured is a trust; or c c. Assistance And Cooperation Of The (6) Any elected or appointed official, if you E Insured or an additional insured is a political You and any other involved insured must: subdivision or public entity. a � Form SS 00 08 04 05 P Packet Pg.356 BUSINESS LIABILITY COVERAGE FORM This Paragraph f. applies separately to (3) We have issued this policy in reliance 0 you and any additional insured, upon your representations, 0 3. Financial Responsibility Laws b. Unintentional Failure To Disclose 0) a. When this policy is certified as proof of Hazards financial responsibility for the future under If unintentionally you should fail to disclose c the provisions of any motor vehicle all hazards relating to the conduct of your E financial responsibility law, the insurance business at the inception date of this r- w provided by the policy for "bodily injury" Coverage Part, we shall not deny any - liability and "property damage" liability will coverage under this Coverage Part U comply with the provisions of the law to because of such failure. the extent of the coverage and limits of 7. Other Insurance c) insurance required by that law. c If other valid and collectible insurance is p b. With respect to "mobile equipment" to available for a loss we cover under this o which this insurance applies, we will Coverage•Part, our obligations are limited as provide any liability, uninsured motorists, follows: E underinsured motorists, no-fault or other coverage required by any motor vehicle a. Primary Insurance ai law. We will provide the required limits for This insurance is primary except when b. rn those coverages, below applies. If other insurance is also Q 4. Legal Action Against Us primary, we will share with all that other ° No person or organization has a right under insurance by the method described in c. below. this Coverage Form: a. To join us as a party or otherwise bring us b. Excess Insurance E into a "suit" asking for damages from an This insurance is excess over any of the insured;or other insurance, whether primary, excess, b. To sue us on this Coverage Form unless contingent or on any other basis: all of its terms have been fully complied (1) Your Work with. That is Fire, Extended Coverage, A person or organization may sue us to recover Builder's Risk, Installation Risk or on an agreed settlement or on a final judgment similar coverage for"your work'; N against an insured; but we will not be liable for (2) Premises Rented To You damages that are not payable under the terms of this insurance or that are in excess of the That is fire, lightning or explosion applicable limit of insurance. An agreed insurance for premises rented to you settlement means a settlement and release of or temporarily occupied by you with w liability signed by us, the insured and the permission of the owner; claimant or the claimant's legal representative. (3) Tenant Liability U 5. Separation Of Insureds That is insurance purchased by you to p cover your liability as a tenant for c Except with respect to the Limits of Insurance, o and any rights or duties specifically assigned property damage' to premises ranked _ to you or temporarily occupied by you in this policy to the first Named Insured, this with permission of the owner; x insurance applies: w a. As if each Named Insured were the only (4) Aircraft,Auto Or Watercraft M Named Insured;and If the loss arises out of the maintenance 3 b. Separately to each insured against whom or use of aircraft,"autos"or watercraft to O= a claim is made or"suit"is brought. the extent not subject to Exclusion g. of Section A.—Coverages. o 6. Representations _ (5) Property Damage To Borrowed U a. When You Accept This Policy Equipment Or Use Of Elevators a By accepting this policy,you agree: If the loss arises out of "property (1) The statements in the Declarations damage" to borrowed equipment or are accurate and complete; the use of elevators to the extent not E subject to Exclusion k.of Section A.— 0 (2) Those statements are based upon Coverages. representations you made to us;and Q Page 16 of 24 Form S ; 5.K.H BUSINESS LIABILITY COVERAGE FORM ` (6) When You Are Added As An When this insurance is excess over other 0 Additional Insured To Other insurance, we will pay only our share of Insurance the amount of the loss, if any, that That is other insurance available to exceeds the sum of: c you covering liability for damages (1) The total amount that all such other arising out of the premises or insurance would pay for the loss in the operations, or products and completed absence of this insurance;and operations, for which you have been (2) The total of all deductible and self- w added as an additional insured by that insured amounts under all that other > insurance;or insurance. v (7) When You Add Others As An We will share the remaining loss, if any,with U Additional Insured To This any other insurance that is not described in Insurance this Excess Insurance provision and was not That is other insurance available to an bought specifically to apply in excess of the ° additional insured. Limits of Insurance shown in the However, the following provisions Declarations of this Coverage Part m apply to other insurance available to c. Method Of Sharing any person or organization who is an If all the other insurance permits Q additional insured under this Coverage contribution by equal shares,we will follow $ Part: this method also. Under this approach, (a) Primary Insurance When each insurer contributes equal amounts c Required By Contract until it has paid its applicable limit of m This insurance is primary if you insurance or none of the loss remains, a have agreed in a written contract, whichever comes first. written agreement or permit that If any of the other insurance does not permit this insurance be primary. If other contribution by equal shares, we will insurance is also primary, we will contribute by limits. Under this method,each share with all that other insurance insurer's share is based on the ratio of its 4) by the method described in c. applicable limit of insurance to the total m below. applicable limits of insurance of all insurers. Cn (b) Primary And Non-Contributory 8. Transfer Of Rights Of Recovery Against To Other Insurance When Others To Us Required By Contract a. Transfer Of Rights Of Recovery If you have agreed in a written If the insured has rights to recover all or w contract, written agreement or part of any payment, including — permit that this insurance is Supplementary Payments, we have made primary and non-contributory with under this Coverage Part, those rights are c the additional insured's own transferred to us. The insured must do insurance, this insurance is nothing after loss to impair them. At our o primary and we will not seek request, the insured will bring "suit" or _ contribution from that other transfer those rights to us and help us x insurance. enforce them. This condition does not W Paragraphs(a)and (b)do not apply to apply to Medical Expenses Coverage, a other insurance to which the additional b. Waiver Of Rights Of Recovery (Waiver 3 insured has been added as an Of Subrogation) p additional insured. If the insured has waived any rights of o When this insurance is excess, we will recovery against any person or have no duty under this Coverage Part to organization for all or part of any payment, defend the insured against any"suit"if any including Supplementary Payments, we a other insurer has a duty to defend the have made under this Coverage Part, we insured against that "suit". If no other also waive that right, provided the insured insurer defends, we will undertake to do waived their rights of recovery against E so, but we will be entitled to the insured's such person or organization in a contract, U rights against all those other insurers. agreement or permit that was executed prior to the injury or damage. a Form SS 00 08 04 05 P Packet Pg.368 ST . BUSINESS LIABILITY COVERAGE FORM F. OPTIONAL ADDITIONAL INSURED 3. Additional Insured -Grantor Of Franchise 2M COVERAGES N WHO IS AN INSURED under Section C. is o If listed or shown as applicable in the Declarations, amended to include as an additional insured the person(s) or organization(s) shown in the S one or more of the following Optional Additional Declarations as an Additional Insured - Insured Coverages also apply. When any of these Optional Additional Insured Coverages apply, Grantor Of Franchise, but only with respect to 5 their liability as grantor of franchise to you. Paragraph 6. (Additional Insureds When Required w by Written Contract, Written Agreement or Permit) 4. Additional Insured - Lessor Of Leased Equipment — ui of Section C., Who Is An Insured, does not apply E q P U to the person or organization shown in the a. WHO IS AN INSURED under Section C.is — Declarations, These coverages are subject to the amended to include as an additional U terms and conditions applicable to Business insured the person(s) or organization(s) Liability Coverage in this policy, except as shown in the Declarations as an Additional O`o provided below: Insured — Lessor of Leased Equipment, »- 1. Additional Insured - Designated Person Or but only with respect to liability for"bodily Organization injury", "property damage" or "personal E WHO IS AN INSURED under Section C. is and advertising injury"caused, in whole or L in part, by your maintenance, operation or a� amended to include as an additional insured Q the person(s) or organization(s) shown in the use of equipment leased to you by such o Declarations, but only with respect to liability person(s)or organization(s). for "bodily injury", "property damage" or b. With respect to the insurance afforded to "personal and advertising injury" caused, in these additional insureds, this insurance m whole or in part, by your acts or omissions or does not apply to any "occurrence" which E the acts or omissions of those acting on your takes place after you cease to lease that a behalf: equipment. ti a. In the performance of your ongoing 5. Additional Insured - Owners Or Other operations;or Interests From Whom Land Has Been N b. In connection with your premises owned Leased by or rented to you. a. WHO IS AN INSURED under Section C.is 2. Additional Insured - Managers Or Lessors amended to include as an additional (n g insured the person(s) or organization(s) Of Premises shown in the Declarations as an Additional a. WHO IS AN INSURED under Section C. is Insured—Owners Or Other Interests From c amended to include as an additional insured Whom Land Has Been Leased, but only a, the person(s)or organization(s)shown in the with respect to liability arising out of the w Declarations as an Additional Insured - ownership, maintenance or use of that part — Designated Person Or Organization;but only of the land leased to you and shown in the U with respect to liability arising out of the Declarations. ownership,maintenance or use of that part of b. With respect to the insurance afforded to c the premises leased to you and shown in the these additional insureds, the following N Declarations. additional exclusions apply; = PP Y� y b. With respect to the insurance afforded to This insurance does not apply to: x these additional insureds, the following w additional exclusions apply: (1) Any "occurrence" that takes place 'a j This insurance does not apply to: after you cease to lease that land;or 3 _ (1) Any "occurrence" which takes place (2) Structural alterations, new p after you cease to be a tenant in that construction or demolition operations performed by or on behalf of such o premises;or person or organization. (2) Structural alterations, new 6. Additional Insured - State Or Political Q construction or demolition operations Subdivision—Permits performed by or on behalf of such person or organization. a. WHO IS AN INSURED under Section C.is m amended to include as an additional E insured the state or political subdivision fi shown in the Declarations as an Additional Q Page 18 of 24 Form S Packet Pg.'369 BUSINESS LIABILITY COVERAGE FORM Insured — State Or Political Subdivision - (e) Any failure to make such a) U) Permits, but only with respect to inspections, adjustments, tests or operations performed by you or on your servicing as the vendor has agreed behalf for which the state or political to make or normally undertakes to c subdivision has issued a permit. make in the usual course of b. With respect to the insurance afforded to business, in connection with the these additional insureds, the following distribution or sale of the products; w additional exclusions apply: (f) Demonstration, installation, _ This insurance does not apply to: servicing or repair operations, > except such operations performed (1) "Bodily injury", "property damage" or U at the vendor's premises in M "personal and advertising injury" V arising ut of operations performed for connection with the sale of the g p p product; O the state or municipality;or L (2) "Bodily injury" or "property damage" (9) Products which, after distribution ,o or sale by you, have been labeled = included in the "product-completed or relabeled or used as a operations hazard. container, part or ingredient of any ai 7. Additional Insured—Vendors other thing or substance by or for a. WHO IS AN INSURED under Section C.is the vendor;or Q 0 amended to include as an additional (h) "Bodily injury" or "property insured the person(s) or organization(s) damage" arising out of the sole (referred to below as vendor) shown in the negligence of the vendor for its Declarations as an Additional Insured - own acts or omissions or those of Vendor, but only with respect to "bodily its employees or anyone else Q injury" or"property damage"arising out of acting on its behalf. However,this n your products" which are distributed or exclusion does not apply to: sold in the regular course of the vendor's () exceptions contained in r The business and only if this Coverage Part U) Subparagraphs(d)or(f);or d provides coverage for "bodily injury" or (ii) Such inspections, U 01 property damage' included within the adjustments, tests or servicing m products-completed operations hazard". kn b. The insurance afforded to the vendor is as the vendor has agreed to c make or normally undertakes subject to the following additional exclusions: to make in the usual course of (1) This insurance does not apply to: business, in connection with '= (a) "Bodily injury" or "property the distribution or sale of the c damage" for which the vendor is products. w obligated to pay damages by (2) This insurance does not apply to any 0 � reason of the assumption of insured person or organization from c liability in a contract or agreement. whom you have acquired such This exclusion does not apply to products, or any ingredient, part or o liability for damages that the container, entering into, vendor would have in the absence accompanying or containing such X of the contract or agreement; products. w (b) Any express warranty 8. Additional Insured—ControllingInterest ° M unauthorized by you; WHO IS AN INSURED under Section C. is c (c) Any physical or chemical change amended to include as an additional insured O in the product made intentionally the person(s) or organization(s) shown in the o by the vendor; Declarations as an Additional Insured (d) Repackaging, unless unpacked Controlling Interest, but only with respect to U solely for the purpose of inspection, their liability arising out of: Q demonstration, testing, or the a. Their financial control of you; or substitution of parts under b. Premises they own, maintain or control instructions from the manufacturer, while you lease or occupy these premises. and then repackaged in the original t0 container; Q Form SS 00 08 04 05 P Packet Pg.360 A BUSINESS LIABILITY COVERAGE FORM • This insurance does not apply to structural The limits of insurance that apply to additional a) alterations, new construction and demolition insureds are described in Section D. — Limits Of o operations performed by or for that person or Insurance. organization, How this insurance applies when other insurance E- 9. Additional Insured — Owners, Lessees Or is available to an additional insured is described in Contractors — Scheduled Person Or the Other Insurance Condition in Section E. — 5 Organization Liability And Medical Expenses General c W a. WHO IS AN INSURED under Section C.is Conditions, — amended to include as an additional G. LIABILITY AND MEDICAL EXPENSES '- insured the person(s) or organization(s) v shown in the Declarations as an Additional DEFINITIONS U Insured—Owner, Lessees Or Contractors, 1• "Advertisement" means the widespread public c but only with respect to liability for"bodily dissemination of information or images that O injury", "property damage" or "personal has the purpose of inducing the sale of goods, `o and advertising injury" caused, in whole or products or services through: _ in part, by your acts or omissions or the a. (1) Radio; acts or omissions of those acting on your (2) Television; P behalf: (3) Billboard; 0 (1) In the performance of your ongoing Q operations for the additional (4) Magazine; o insured(s);or (5) Newspaper, (2) In connection with "your work" b. The Internet, but only that part of a web performed for that additional insured site that is about goods, products or E and included within the "products- services for the purposes of inducing the Q completed operations hazard", but sale of goods, products or services; or only if this Coverage Part provides c. Any other publication that is given I coverage for "bodily injury" or widespread public distribution. "property damage" included within the However, "advertisement"does not include: "products-completed operations 0 hazard", a. The design, printed material, information i! or images contained in, on or upon the vn b. With respect to the insurance afforded to packaging or labeling of any goods or = these additional insureds, this insurance products;or does not apply to "bodily injury", "property damage" or "personal an advertising b. An interactive conversation between or among persons through a computer network. tM injury arising out of the rendering of, or c the failure to render, any professional 2. "Advertising idea" means any idea for an W architectural, engineering or surveying "advertisement", v services, including: 3. "Asbestos hazard" means an exposure or c (1) The preparing, approving, or failure to threat of exposure to the actual or alleged prepare or approve, maps, shop properties of asbestos and includes the mere o drawings, opinions, reports, surveys, presence of asbestos in any form. _ field orders, change orders, designs or 4. "Auto" means a land motor vehicle, trailer or X drawings and specifications; or semi-trailer designed for travel on public W (2) Supervisory, inspection, architectural roads, including any attached machinery or a or engineering activities. equipment. But "auto" does not include 3 10. Additional Insured — Co-Owner Of Insured "mobile equipment". 0 Premises 5. "Bodily injury"means physical; WHO IS AN INSURED under Section C. is a. Injury; r amended to include as an additional insured b. Sickness;or the person(s) or Organization(s) shown in the c. Disease Q Declarations as an Additional Insured — Co- Owner Of Insured Premises, but only with sustained by a person and, if arising out of the respect to their liability as co-owner of the above, mental anguish or death at any time. EE premises shown in the Declarations. 6. "Coverage territory"means: Q Page 20 of 24 Form SS;;",1 dket'P BUSINESS LIABILITY COVERAGE FORM a. The United States of America (including its b. You have failed to fulfill the terms of a 2M territories and possessions), Puerto Rico contract or agreement; O and Canada; if such property can be restored to use by: b. International waters or airspace, but only if a. The repair, replacement, adjustment or the injury or damage occurs in the course removal of "your product" or "your work"; c of travel or transportation between any or places included in a.above; b. Your fulfilling the terms of the contract or W c. All other parts of the world if the injury or agreement. damage arises out of: 12. "Insured contract"means: U (1) Goods or products made or sold by you a. A contract for a lease of premises. in the territory described in a.above; U However, that portion of the contract for a (2) The activities of a person whose home lease of premises that indemnifies any O is in the territory described in a. person or organization for damage by fire, ,o above, but is away for a short time on lightning or explosion to premises while = your business;or rented to you or temporarily occupied by (3) "Personal and advertising injury" you with permission of the owner is m offenses that take place through the subject to the Damage To Premises L a� Internet or similar electronic means of Rented To You limit described in Section Q communication D.—Liability and Medical Expenses Limits provided the insured's responsibility to pay of Insurance. it a damages is determined in the United States of b. A sidetrack agreement; _ America (including its territories and c. Any easement or license agreement, E possessions), Puerto Rico or Canada, in a including an easement or license < "suit" on the merits according to the agreement in connection with construction r. substantive law in such territory, or in a or demolition operations on or within 50 11 settlement we agree to. feet of a railroad; -- 7. "Electronic data" means information, facts or d. Any obligation, as required by ordinance, programs: to indemnify a municipality, except in a. Stored as or on; connection with work for a municipality; b. Created or used on; or e. An elevator maintenance agreement;or c. Transmitted to or from f. That part of any other contract or (D computer software, including systems and agreement pertaining to your business (D applications software, hard or floppy disks, (including an indemnification of a CD-ROMS, tapes, drives, cells, data municipality in connection with work w processing devices or any other media which performed for a municipality) under which are used with electronically controlled you assume the tort liability of another U equipment. party to pay for"bodily injury"or"property 8. "Employee" includes a "leased worker". damage"to a third person or organization, _ "Employee" does not include a "temporary provided the "bodily injury" or "property worker". damage"is caused, in whole or in part, by m you or by those acting on your behalf. K 9. "Executive officer" means a person holding Tort liability means a liability that would be W any of the officer positions created by your imposed by law in the absence of any charter, constitution, by-laws or any other contract or agreement. 3 similar governing document. _ 10. "Hostile fire" means one which becomes Paragraph f. includes that part of any O contract or agreement that indemnifies a uncontrollable or breaks out from where it was railroad for "bodily injury" or "property a intended to be, damage" arising out of construction or L) 11. "Impaired property" means tangible property, demolition operations within 50 feet of any Q other than "your product" or "your work", that railroad property and affecting any railroad cannot be used or is less useful because: bridge or trestle, tracks, road-beds, tunnel, _ m a. It incorporates"your product"or"your work" underpass or crossing. E that is known or thought to be defective, However, Paragraph f. does not include deficient,inadequate or dangerous;or that part of any contract or agreement: Q Form SS 00 08 04 05 P Packet pg.362 e r "� BUSINESS LIABILITY COVERAGE FORM A%" c (1) That indemnifies an architect, (1) Power cranes, shovels, loaders, T engineer or surveyor for injury or diggers or drills; or o damage arising out of: (2) Road construction or resurfacing cM (a) Preparing, approving or failing to equipment such as graders, scrapers prepare or approve maps, shop or rollers; y drawings, opinions, reports, e. Vehicles not described in a., b., c., or d. surveys, field orders, change above that are not self-propelled and are W orders, designs or drawings and maintained primarily to provide mobility to specifications;or permanently attached equipment of the V (b) Giving directions or instructions, following types: or failing to give them, if that is the ( 1)cause of the injury or (1) Air compressors, pumps and generators, including spraying, p damage;or welding, building cleaning, `o (2) Under which the insured, if an geophysical exploration, lighting and architect, engineer or surveyor, well servicing equipment;or assumes liability for an injury or (2) Cherry pickers and similar devices 0Bi damage arising out of the insureds used to raise or lower workers; L rendering or failure to render aM professional services, including those f. Vehicles not described in a., b., c., or d. o listed in (1) above and supervisory, above maintained primarily for purposes inspection, architectural or other than the transportation of persons or engineering activities, cargo. 13. "Leased worker" means a person leased to However, self-propelled vehicles with the E you by a labor leasing firm under an following types of permanently attached Q agreement between you and the labor leasing equipment are not"mobile equipment" but firm, to perform duties related to the conduct of will be considered"autos": v your business, "Leased worker" does not (1) Equipment, of at least 1,000 pounds include a"temporary worker". gross vehicle weight, designed m 14. "Loading or unloading" means the handling of primarily for. property: (a) Snow removal; W a. After it is moved from the place where it is (b) Road maintenance, but not accepted for movement into or onto an construction or resurfacing;or aircraft,watercraft or"auto'; (c) Street cleaning; c b. While it is in or on an aircraft,watercraft or (2) Cherry pickers and similar devices c "auto'; or mounted on automobile or truck w c. While it is being moved from an aircraft, chassis and used to raise or lower U watercraft or"auto"to the place where it is workers; and c finally delivered; (3) Air compressors, pumps and o but "loading or unloading" does not include the generators, including spraying, o movement of property by means of a mechanical welding, building cleaning, in device, other than a hand truck, that is not geophysical exploration, lighting and attached to the aircraft,watercraft or"auto". well servicing equipment. w 15. "Mobile equipment" means any of the following 16. "Occurrence" means an accident, including 2 types of land vehicles, including any attached continuous or repeated exposure to substantially 3 d machinery or equipment: the same general harmful conditions, p a. Bulldozers, farm machinery, forklifts and 17. "Personal and advertising injury" means injury, o other vehicles designed for use principally including consequential "bodily injury", arising I off public roads; out of one or more of the following offenses: L b. Vehicles maintained for use solely on or a. False arrest, detention or imprisonment; Q next to premises you own or rent; b. Malicious prosecution; c. Vehicles that travel on crawler treads; a' E d. Vehicles,whether self-propelled or not, on which are permanently mounted: Q a Page 22 of 24 Form SS Packet Pg.363 j t BUSINESS LIABILITY COVERAGE FORM c c. The wrongful eviction from, wrongful entry Work that may need service,maintenance, a) into, or invasion of the right of private correction, repair or replacement, but Q occupancy of a room, dwelling or which is otherwise complete, will be premises that the person occupies, treated as completed. committed by or on behalf of its owner, The "bodily injury" or "property damage" landlord or lessor; must occur away from premises you own d. Oral, written or electronic publication of or rent, unless your business includes the c material that slanders or libels a person or selling, handling or distribution of "your w organization or disparages a person's or product"for consumption on premises you organization's goods, products or services; own or rent. U e. Oral, written or electronic publication of b. Does not include "bodily injury" or material that violates a person's right of "property damage"arising out of: Oc privacy; (1) The transportation of property, unless L f. Copying, in your "advertisement", a the injury or damage arises out of a 0 person's or organization's "advertising condition in or on a vehicle not owned idea"or style of"advertisement"; or operated by you, and that condition E g. Infringement of copyright,slogan,or title of was created by the "loading or L any literary or artistic work, in your unloading" of that vehicle by any t "advertisement";or insured;or C h. Discrimination or humiliation that results in (2) The existence of tools, uninstalled injury to the feelings or reputation of a equipment or abandoned or unused natural person. materials. 18. "Pollutants" means any solid, liquid, gaseous or 20. "Property damage"means: a thermal irritant or contaminant, including smoke, a. Physical injury to tangible property, vapor,soot,fumes, acids, alkalis, chemicals and including all resulting loss of use of that waste. Waste includes materials to be recycled, property. All such loss of use shall be reconditioned or reclaimed, deemed to occur at the time of the U) 19. "Products-completed operations hazard"; physical injury that caused it;or o a. Includes all "bodily injury" and "property b. Loss of use of tangible property that is not damage" occurring away from premises physically injured. All such loss of use you own or rent and arising out of "your shall be deemed to occur at the time of product"or"your work"except: "occurrence"that caused it, (1) Products that are still in your physical As used in this definition, "electronic data" is possession; or not tangible property. w (2) Work that has not yet been completed 21. "Suit" means a civil proceeding in which or abandoned. However, "your work" damages because of"bodily injury", "property Ci will be deemed to be completed at the damage" or "personal and advertising injury" earliest of the following times: to which this insurance applies are alleged. "Suit"includes: o (a) When all of the work called for in N your contract has been completed. a. An arbitration proceeding in which such (b) When all of the work to be done at damages are claimed and to which the w the job site has been completed if insured must submit or does submit with Z your contract calls for work at our consent; or more than one job site. b. Any other alternative dispute resolution c i (c) When that part of the work done at proceeding in which such damages are O a job site has been put to its claimed and to which the insured submits o with our consent. intended use by any person or L) organization other than another 22. "Temporary worker" means a person who is contractor or subcontractor furnished to you to substitute for a permanent Q working on the same project. "employee" on leave or to meet seasonal or short-term workload conditions. E 23. "Volunteer worker"means a person who: a. Is not your"employee"; Q Form SS 00 08 04 05 P Packet Pg.364 S.K.li BUSINESS LIABILITY COVERAGE FORM c d.r b. Donates his or her work; (2) The providing of or failure to provide rn c. Acts at the direction of and within the warnings or instructions. o scope of duties determined by you;and c. Does not include vending machines or rn d. Is not paid a fee, salary or other other property rented to or located for the compensation by you or anyone else for use of others but not sold. (D their work performed for you. 25. Your work": 24. "Your product": a. Means: w a. Means: (1) Work or operations performed by you 2 (1) Any goods or products, other than real or on your behalf; and �? property, manufactured,sold, handled, (2) Materials, parts or equipment U distributed or disposed of by: furnished in connection with such work c (a) You; or operations. O L W (b) Others trading under your name; b. Includes: .+ or (1) Warranties or representations made at aci (c) A person or organization whose any time with respect to the fitness, E 4) business or assets you have quality, durability, performance or use L acquired;and of"your work"; and a (2) Containers (other than vehicles), (2) The providing of or failure to provide ° materials, parts or equipment warnings or instructions. furnished in connection with such a ti goods or products. E b. Includes: Q (1) Warranties or representations made at n any time with respect to the fitness, quality, durability, performance or use of"your product"; and U) a� Cn a� c m m c c U it c O k c 0 N c a� x x W t0 6 3 O s Q c m E s ca Q Page 24 of 24 Form SS Packet Pg.365 AMENDMENT NUMBER ONE TO THE PROFESSIONAL SERVICES AGREEMENT d BETWEEN THE CITY OF SAN BERNARDINO AND it ONWARD ENGINEERING FOR ON-CALL PROFESSIONAL ENGINEERING DESIGN AND PROJECT MANAGEMENT FOR THE CAPITAL IMPROVEMENT PROGRAM(CIP) AND 2 STAFF AUGMENTATION •o L a This Amendment Number One (the "First Amendment") is entered into this day of c , 20 , BY AND BETWEEN: c .y the City of San Bernardino, a Charter City organized under the laws of the State of o California, with an address of 300 N. "D" Street, San Bernardino, California (the "CITY"); m c AND, w ONWARD ENGINEERING (the "CONSULTANT") (individually CITY or v CONSULTANT may be referred to as a "PARTY" and collectively CITY and CONSULTANT may be referred to as the "PARTIES"). �? O WITNESSETH : c WHEREAS, on August 17, 2015, by Resolution 2015-188 the Mayor and Common E Council of the CITY approved that certain agreement with CONSULTANT (the "Agreement") i for on-call professional engineering design and project management for the Capital Improvement a Program ("CIP") and staff augmentation; and, WHEREAS, CITY and CONSULTANT desire to amend the Agreement and desire to = amend their rights, duties, and liabilities in connection with their performance thereunder; and, E Q NOW, THEREFORE, for and in consideration of the mutual covenants and conditions ti l contained herein, the PARTIES hereby agree as follows: v a L 1. Section 4.1 "Term"of the Agreement is hereby amended to read as follows: O "4.1 Term. This Agreement shall commence on the date approved by the Mayor and S Common Council and continue through June 30, 2017. The CITY, through the City 0 Manager, may extend the term of the Agreement for one-year intervals by written notice to the CONSULTANT. The CITY shall be required to give the CONSULTANT such E written notice of its intent to extend before the Agreement expires. The total duration of this Agreement, including the exercise of any options, shall not exceed June 30, 2020." E a 2. All other terms and conditions of the Agreement remain in full force and effect. w [Signature Page Follows] CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ONWARD ENGINEERING Q Page I of 2 Packet Pg. 366 AMENDMENT NUMBER ONE TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ONWARD ENGINEERING FOR ON-CALL PROFESSIONAL ENGINEERING DESIGN AND PROJECT MANAGEMENT FOR THE CAPITAL IMPROVEMENT PROGRAM (CIP) AND STAFF AUGMENTATION o ^L Li. IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day c and date set forth below. rn .y m 0 Dated: 12016 ONWARD ENGINEERING d a� _ By: w Its: v M U O Dated 12016 CITY OF SAN BERNARDINO ,o w _ a� E By. L Mark Scott, City Manager Q 0 �c APPROVED AS TO FORM: Gary D. Saenz, City Attorney E a ti ti By: v L 3 O m c O w _ (D E c m E a 0 X W _ E CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ONWARD ENGINEERING Q Page 2 of 2 Packet Pg.;367 L. ATTACHMENT E-1 a a c TRANSTECh 0 c .y May 3, 2016 = L via email c Alanis Ch @sbcity.org Mr. Christopher H.Alanis, Public Works Director w City of San Bernardino U Public Works Department �o Engineering Division 300 North "D" Street,3rd Floor O San Bernardino,CA 92410 L° c m E m m Subject: Letter to Extend On-Call Professional Civil Engineering Design and Project Management a Services for the Capital Improvement Program and Staff Augmentation Contract o T C Mr.Alanis: E E a i; We are providing this updated letter to your attention (which was previously emailed to Fawna Velci). ti �r v This email serves as Transtech's concurrence to extend the On-Call Professional Civil Engineering Design o .N and Project Management Services forthe Capital Improvement Program and Staff Augmentation Contract c (D ..F between City and Transtech Engineers, Inc.to June 30, 2017. W U Should you have any question or should you need additional information,please contact the undersigned. 0 U Sincerely, v c O Ali Cayir, PE ali.cayir @transtech.org c R L C: 714-883-8677 www.transtech.org w s M 0:\OROPRO%(TRANSTECH ENGINEERS)VORRECRO\2015\1550650.MASTER CONTRACT FOR ON CALL 5ERVICES\CONTRACT\2TT LETTER TO EXTEND ONCALL ENG,DESIGN AND PM SERVICES FOR CIP-050316.DOC% a c E V a 13367 Benson Avenue I Chino CA 91710 I T 909 595 8599 I F 9o9 590 8599 I Transtech.org Packet Pg.11368 N AMENDMENT NUMBER ONE TO THE PROFESSIONAL SERVICES AGREEMENT °; BETWEEN THE CITY OF SAN BERNARDINO AND TRANSTECH FOR N 2 ON-CALL PROFESSIONAL ENGINEERING DESIGN AND PROJECT E MANAGEMENT FOR THE CAPITAL IMPROVEMENT PROGRAM(CIP)AND STAFF AUGMENTATION a a This Amendment Number One (the "First Amendment") is entered into this day of 20 , BY AND BETWEEN: a, a� the City of San Bernardino, a Charter City organized under the laws of the State of ° California, with an address of 300 N. "D" Street, San Bernardino, California (the "CITY"); d c AND, w TRANSTECH (the "CONSULTANT") (individually CITY or CONSULTANT may be v referred to as a "PARTY" and collectively CITY and CONSULTANT may be referred to v as the "PARTIES"). L WITNESSETH : ° c m WHEREAS, on August 17, 2015, by Resolution 2015-188 the Mayor and Common m Council of the CITY approved that certain agreement with CONSULTANT (the "Agreement") for on-call professional engineering design and project management for the Capital Improvement a Program ("CIP") and staff augmentation; and, r WHEREAS, CITY and CONSULTANT desire to amend the Agreement and desire to amend their rights, duties, and liabilities in connection with their performance thereunder; and, a NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein,the PARTIES hereby agree as follows: 1. Section 4.1 "Term"of the Agreement is hereby amended to read as follows: L "4.1 Term. This Agreement shall commence on the date approved by the Mayor and ~ Common Council and continue through June 30, 2017. The CITY, through the City Manager, may extend the term of the Agreement for one-year intervals by written notice O to the CONSULTANT. The CITY shall be required to give the CONSULTANT such written notice of its intent to extend before the Agreement expires. The total duration of c this Agreement, including the exercise of any options, shall not exceed June 30, 2020." a 2. All other terms and conditions of the Agreement remain in full force and effect. w X W [Signature Page Follows] L CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND TRANSTECH V Page 1 of 2 Packet Pg. 369 AMENDMENT NUMBER ONE TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND Z as TRANSTECH FOR co w ON-CALL PROFESSIONAL ENGINEERING DESIGN AND PROJECT E MANAGEMENT FOR THE CAPITAL IMPROVEMENT PROGRAM(CIP)AND STAFF AUGMENTATION o a IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. a, N Dated: , 2016 TRANSTECH = a� as _ By: W 2 Its: v U c O Dated 12016 CITY OF SAN BERNARDINO ° c a� By: Mark Scott, City Manager Q 0 v APPROVED AS TO FORM: Gary D. Saenz, City Attorney E Q ti ti By: N C f6 F d C O C 0 E C d E Q W X w a) E r CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND M TRANSTECH Q Page 2 of 2 Packet Pg.370 ATTACHMENT F-1 SPI � ui E.Vanderbilt Way BR/NCKERyQFF Suite 200 San Bernardino,CA 92408 Main:909-888-1106 E E wspgroup.com/usa pbworld.com/usa •O L n- May 25, 2016 c rn .N Saba Engineer, Principal Civil Engineer p City of San Bernardino, Public Works Department a� 300 North D Street, 3rd Floor L San Bernardino, CA 92418-0001 Dear Ms. Engineer, w Subject: On-Call Professional Civil Engineering Design and Project Management Services for the City •: of San Bernardino Capital Improvements Program (CIP)and Staff Augmentation U U c O Parsons Brinckerhoff agrees to extend the current on-call contract for engineering design services with the City of o San Bernardino until June 30`h, 2017 subject to all terms, conditions and compensation provided in the approved Contract. m E d a� We appreciate this opportunity to be of service to the City of San Bernardino. If there are any questions or you a, require additional information, please give me or the project manager, Jake Roberts, a call at 909-888-1106. a 0 0 c m E Q Yours sincerely, ti ti Douglas B. Sawyer o Area Manager m CST;jr;dbs w L Enclosures: c 0 U (1) Business Registration Certificate ci (2) Certificate of Liability Insurance O M a r LL s Q �.1 c m E a Packet Pg.371 IBM KEEP FOR YOUR RECORD E CITY OF SAN BERNARDINO a' BUSINESS REGISTRATION CERTIFICATE This Business Registration Certificate does not indicate the legal operation of this business at this location. Other approvals by other City ACCT NO, 25S ACCOUNT departments,such as Development services may be required. This Certificate is issued without verillcation that the certificate is subject to or IL i NUMBER cxaropt from bcehsmg by the State of t'ahtr rma DATE PAID 03/14/2 I i,�iSi�LYhl, The Business Owner is responsible for timely renewal Not receiving a rego+>fa!notice For any reason does not relieve C 25971 foponsibiity for timely payment If not paid within 7d days of the expiration date shown,a SW4 pendly will be imposed, 525A $17,620.( c BUSINESS CLASS: ENGINEER EXPIRATION DATE SB1186 $1a DATE PAID NOTES: 2/28/2017 rn 03/14/2016 BUSINESS LOCATION: 451 E VANDERBILT WAY STE 200 _ a- OWNER,FIRM OR PARSONS BRINCKERHOFF GROUP INC. CORPORATION BALANCE $0. can BUSINESS NAME PARSONS BRINCKERHOFF,INC. W ArrENTION HOWARD WEGENER:TAX DEPT Georgeann "Gigi"Manna U MAILING ADDRESS 4139 OREGON PIKE P,PHRATA, PA, 17522-:9550 CITY CLERK M CITY OF SAN BERNARI J O L _ O w c lu E m m L a O c m E a n a v c O c w X W v m L ✓N c O U R U c O M a T LL L U M a c E V t0 � a Packet 1Pg.372 -� PARSBRI-01 F-6 XL DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 5/23/2016 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 POLICIE! BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZE[ E REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject tc p the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to thi a certificate holder in lieu of such endorsement(s). p PRODUCER CONTACT JLT Service Team f!S JLT Specialty Insurance Services Inc. PHONE FAX C y A/C No Ext:(713)325-7615 Alc No;(713)789-0415 5847 an Felipe St. O> E-MAIL Suite 2800 ADDRESS:wsppbcertrequest @ jltus.com 'rn Houston,TX 77057 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:QBE Specialty Insurance Company 11515 - c_ INSURED INSURER B: •ti' !v WSP USA CORP INSURER C: _ 512 Seventh Ave. INSURER D: v� New York,NY 10018 INSURER E, uJ INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: U THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOI - INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH TI_ U 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. O TYPE OF INSURANCE INSR A L U POLICY EFF POLICY EXP L. LTR INSD WVD POLICYNUMBER MMIDD/YYYY /Y MM/DDYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ �- a+ CLAIMS-MADE 171 OCCUR PREMISES Ea occurrence $ MED EXP(Any one person) $ d PERSONAL&ADV INJURY $ y0•, GEN'L AGGREGATE LIMIT APPLIES PER: JECT GENERAL AGGREGATE $ POLICY E] PRO- ❑ LOC PRODUCTS-COMP/OP AGG $ 0 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ _ d ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS Q NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident $ ~ h UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE $ C DIED I I RETENTION$ $ 0 WORKERS COMPENSATION PER OTH- •y AND EMPLOYERS'LIABILITY Y N STATUTE I I ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ NIA E.L.EACH ACCIDENT $ K OFFICER/MEMBER EXCLUDED? IrV (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ V A Professional Liab. QPL0022630 11/0112015 11/01/2016 Per Claim/Aggregate 1,000, 0 U DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) THIRTY(30)DAYS NOTICE OF CANCELLATION Project Number:12830 0 Project Description:On-Call Civil Engineering Services M Client Project Number:2015-188 a T LL V CERTIFICATE HOLDER CANCELLATION Q SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI c THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED It City of San Bernardino Public Works Dept. ACCORDANCE WITH THE POLICY PROVISIONS. E 300 North"D"Street,3rd Floor = San Bernardino,CA 92418-0001 ((a AUTHORIZED REPRESENTATIVE - '�! ,- ©1988-2014 ACORD CORPORATION. 4 ca—zed ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD Packet Pg.373 PARSBRI-01 5.K.L ACURU' DATE(MM/DDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 5/23/2016 I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THI: CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIEI BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZE[ REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject tc 'p the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to thi fy certificate holder in lieu of such endorsement(s). PRODUCER NAME: JLT Service Team C f� JLT Specialty Insurance Services Inc. PHONE (713)325-7615 Falc No:(713)789-0415 = 5847 San Felipe St. A'C'No Ext E-MAIL Suite 2800 ADDRESS:Wsppbcertrequest@jltus.com Houston,TX 77057 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:Zurich American Insurance Company 16535 E INSURED INSURER B:Liberty Insurance Corporation 42404 '� WSP USA CORP INSURER C: 512 Seventh Ave. INSURER D: of New York,NY 10018 INSURER E: <yJ INSURER F: = COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: U THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOI - INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI; V CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS = EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL UBR POLICY EFF POLICY EXP O LTR INSD WVD POLICYNUMBER MMIDDIYYYY MMIDD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,DAMAGE TO RENTED CLAIMS-MADE OCCUR X X GL09835819-03 04/01/2016 04/01/2017 PREMISES Ea occurrence $ 300, X Contractual Llab. MED EXP(Any one person) $ 5, d PERSONAL&ADV INJURY $ 2,000, i �GEI'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 5,000,POLICY JECT �LOC PRODUCTS-COMP/OP AGG $ 2,000, 0 OTHER: $ r' AUTOMOBILE LIABILITY MBINED S $ 2000 INGLE LIMIT , , Ea CO nt accide -p B X ANY AUTO X X AS7-621-094060-035 10101/2015 11/01/2016 BODILY INJURY(Per person) $ C (D ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ E AUTOS AUTOS PROPERTY DAMAGE Q NON-OWNED P.OF.dent $ HIRED AUTOS AUTOS $ ti ti UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ C DED I I RETENTION$ $ G WORKERS COMPENSATION X PER 0TH- U) AND EMPLOYERS'LIABILITY STATUTE ER C B ANY PROPRIETOR/PARTNER/EXECUTIVE Ya NIA X WA7-62D-094060-015 10/01/2015 11/01/2016 E.L.EACH ACCIDENT $ 2,000, X OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E .DISEASE-EA EMPLOYEE $ 2,000, W I If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 2,000, V C O U DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) THIRTY(30)DAYS NOTICE OF CANCELLATION Project Number:12830 0 Project Description:On-Call Civil Engineering Services 03 Client Project Number:2015-188 IL T_ Li. SEE ATTACHED ACORD 101 v tv CERTIFICATE HOLDER CANCELLATION 4 I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI t= THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED It a) City of San Bernardino Public Works Dept. ACCORDANCE WITH THE POLICY PROVISIONS. E 300 North"D"Street,3rd Floor San Bernardino,CA 92418-0001 M AUTHORIZED REPRESENTATIVEi t^yl a ©1988-2014 ACORD CORPORATION. 4 c�li.• ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD Packet Pg. 374 AGENCY CUSTOMER ID:PARSBRI-01 �J•K L �•" "� LOC#: 1 ACC7RL7` ADDITIONAL REMARKS SCHEDULE ��- Page 1 of AGENCY NAMED INSURED E LT Specialty Insurance Services Inc. 512 USA CORP p ty 512 Seventh Ave. � POLICY NUMBER New York,NY 10018 •0 EE PAGE 1 d CARRIER NAIC CODE C EE PAGE 1 SEE P 1 EFFECTIVE DATE:SEE PAGE 1 c ADDITIONAL REMARKS P .y THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, D FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance L Description of Operations/Locations/Vehicles: Subject always to policy terms,conditions and exclusions,The City of San Bernardino and its elected and appointed boards, officers,agents,and employees is named as Additional Insured(excluding Workers'Compensation and Employers' Liability)but W only to the extent of risks and liabilities assumed by the Named Insured in a signed written contract. The policies certified hereon are primary and non-contributory only to the extent of risks and liabilities assumed by the Named U Insured in a signed written contract and subject always to policy terms,conditions and exclusions. U c O c m E a� a� L Q 0 c a� E I• r` v c _0 N c d a� X W T U L t C 0 U is U c O C0 a s v Q +j c m E s U fa a ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg. 375 5.K.M AMENDMENT NUMBER ONE TO THE PROFESSIONAL SERVICES AGREEMENT E BETWEEN THE CITY OF SAN BERNARDINO AND o PARSONS BRINCKERHOFF FOR a ON-CALL PROFESSIONAL ENGINEERING DESIGN AND PROJECT = MANAGEMENT FOR THE CAPITAL IMPROVEMENT PROGRAM (CIP) AND = STAFF AUGMENTATION m 0 This Amendment Number One (the "First Amendment') is entered into this day of 20 , BY AND BETWEEN: c the City of San Bernardino, a Charter City organized under the laws of the State of w California, with an address of 300 N. "D" Street, San Bernardino, California (the — "CITY"); U M AND, O PARSONS BRINCKERHOFF (the "CONSULTANT") (individually CITY or ,o CONSULTANT may be referred to as a "PARTY" and collectively CITY and CONSULTANT may be referred to as the "PARTIES"). E Q W L WITNESSETH : a 0 ® WHEREAS, on August 17, 2015, by Resolution 2015-188 the Mayor and Common Council of the CITY approved that certain agreement with CONSULTANT (the "Agreement') _ for on-call professional engineering design and project management for the Capital Improvement E Program ("CIP") and staff augmentation; and, `t n ti WHEREAS, CITY and CONSULTANT desire to amend the Agreement and desire to amend their rights, duties, and liabilities in connection with their performance thereunder; and, 0 E NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the PARTIES hereby agree as follows: •L co I. Section 4.1 "Term" of the Agreement is hereby amended to read as follows: o "4.1 Term. This Agreement shall commence on the date approved by the Mayor and a. Common Council and continue through June 30, 2017. The CITY, through the City Manager, may extend the term of the Agreement for one-year intervals by written notice O to the CONSULTANT. The CITY shall be required to give the CONSULTANT such written notice of its intent to extend before the Agreement expires. The total duration of E this Agreement, including the exercise of any options, shall not exceed June 30, 2020." E 2. All other terms and conditions of the Agreement remain in full force and effect. uQ. K W [Signature Page Follows] a� E CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND PARSONS BRINCKERHOFF Q Page 1 of 2 Packet Pg. 376 E AMENDMENT NUMBER ONE TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND •o PARSONS BRINCKERHOFF FOR a` ON-CALL PROFESSIONAL ENGINEERING DESIGN AND PROJECT c MANAGEMENT FOR THE CAPITAL IMPROVEMENT PROGRAM(CIP) AND = STAFF AUGMENTATION •N a� 0 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. d c c Dated: , 2016 PARSONS BRINCKERHOFF w U M By: v 0 Its: C aD E d a� Dated , 2016 CITY OF SAN BERNARDINO a 0 By: Mark Scott, City Manager E Q ti APPROVED AS TO FORM: Gary D. Saenz, City Attorney o E m Y By: m N C O f0 IL O C 0 a+ C d E C d E Q U. K W w C d 1 tow E CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND U PARSONS BRINCKERHOFF Q Page 2 of 2 Packet Pg.377