Sierra Landscape/Jefferson St Parkway 10SECTION 1300
CONTRACT
THIS CONTRACT, by and between the CITY OF LA QUINTA, a municipal corporation,
herein referred to as "City," and Sierra Landscape Co., herein referred to as, "Contractor."
WIT NESSETH:
In consideration of their mutual covenants, the parties hereto agree as follows:
1. Contractor shall furnish all necessary labor, material, equipment, transportation and
services for City Project No. 2009-16B, Jefferson Street Parkway Landscape
Improvements, in the City of La Quinta, California pursuant to the Invitation to Bid, dated July
7, 2010, the project Specifications, and Contractor's Bid, dated July 21, 2010 all of which
documents shall be considered a part hereof as though fully set herein.
Should any provisions of Contractor's Bid be in conflict with the Notice Inviting Bids,
Specifications, or this Contract, then the provisions of said Contract, Specifications, and
Invitation to Bid shall be controlling, in that order of precedence. The time frame for
construction work shall be in accordance with that specified in the Invitation to Bid.
2. Contractor will comply with all Federal, State, County, and La Quinta Municipal Code,
which are, as amended from time to time, incorporated herein by reference.
3. All work shall be done in a manner satisfactory to the City Engineer.
4. Contractor shall commence work after the issuance of a written Notice to Proceed and
agrees to have all work completed within 45 working days from the date of Notification to
Proceed.
5. In consideration of said work, City agrees to pay Contractor such sums as shall be
approved by the City Engineer at lump sums and/or unit prices stated in the Contractor's Bid,
the base consideration Two Hundred and Ninety Nine Thousand, One Hundred and Thirty
Three dollars and no cents. ($299,133). All payments shall be subject to approval by the City
Engineer and shall be in accordance with the terms, conditions, and procedures provided in the
Specifications.
6. The Contractor shall not knowingly pay less than the general prevailing rate for per diem
wages, as determined by the State of California Department of Industrial Relations and referred
to in the Invitation to Bid, to any workman employed for the work to be performed under this
contract; and the Contractor shall forfeit as a penalty to the City the sum of Twenty -Five Dollars
($25.00) for each calendar day, or fraction thereof, for such workman paid by him or by any
subcontractor under him in violation of this provision (Sections 1770-1777, Labor Code of
California).
7. Concurrently with the execution of this Contract, Contractor shall furnish bonds of a
surety satisfactory to City, as provided in said Specifications or Invitation to Bid, the cost of
which shall be paid by Contractor.
Contract 1300.1
8. Except for the gross negligence or willful misconduct of an Indemnified Party (as
hereinafter defined), Contractor hereby assumes liability for and agrees to defend, (at
Indemnified Parties' option), indemnify, protect and hold harmless City and its Project
Consultants, and Engineers, officers, agents, and employees ("Indemnified Parties'), from and
against any and all claims, charges, damages, demands, actions, proceedings, losses, stop
notices, costs, expenses (including legal costs and attorneys' fees), judgments, civil fines and
penalties, liability of any kind or nature whatsoever, which may be sustained or suffered by or
secured against the Indemnified Parties arising out of or encountered in connection with this
Contract or the performance of the Work, including, but not limited to, death or bodily or
personal injury to persons or damage to property, including property owned by or under the care
and custody of City, and for civil fines and penalties that may arise from or be caused, in whole
or in part, by any negligent or other act or omission of Contractor, its officers, agents,
employees or Subcontractors including, but not limited to, liability arising from:
1. Any dangerous, hazardous, unsafe or defective condition of, in or on the premises,
of any nature whatsoever, which may exist by reason of any act, omission, neglect,
or any use or occupation of the premises by Contractor, its officers, agents,
employees, or subcontractors;
2. Any operation conducted upon or any use or occupation of the premises by
Contractor, its officers, agents, employees, or subcontractors under or pursuant to
the provisions of this contract or otherwise;
3. Any act, omission or negligence of Contractor, its officers, agents, employees, or
Subcontractors;
4. Any failure of Contractor, its officers, agents or employees to comply with any of the
terms or conditions of this Contract or any applicable federal, state, regional, or
municipal law, ordinance, rule or regulation; and
5. The conditions, operations, uses, occupations, acts, omissions or negligence
referred to in Sub -subsections (1), (2), (3), and (4), existing or conducted upon or
arising from the use or occupation by Contractor on any other premises in the care,
custody and control of City.
The Contractor also agrees to indemnify City and pay for all damages or loss suffered by City
including but not limited to damage to or loss of City property, to the extent not insured by City
and loss of City revenue from any source, caused by or arising out of the conditions, operations,
uses, occupations, acts, omissions or negligence referred to in Sub -subsections (1), (2), (3), (4)
and (5).
Contractor's obligations under this Section apply regardless of whether or not such claim,
charge, damage, demand, action, proceeding, loss, stop notice, cost expense, judgment, civil
fine or penalty, or liability was caused in part or contributed to by an Indemnified Party.
However, without affecting the rights of City under any provision of this contract, Contractor
shall not be required to indemnify and hold harmless City for liability attributable to the active
negligence of City, provided such active negligence is determined by agreement between the
parties or by the findings of a court of competent jurisdiction. In instances where City is shown
to have been actively negligent and where City's active negligence accounts for only a
percentage of the liability involved, the obligation of Contractor will be for that entire portion or
percentage of liability not attributable to the active negligence of City.
Contractor agrees to obtain executed indemnity agreements with provisions identical to those
set forth here in this section from each and every subcontractor or any other person or entity
involved by, for, with or on behalf of Contractor in the performance of this contract. In the event
Contract 1300-2
Contractor fails to obtain such indemnity obligations from others as required here, Contractor
agrees to be fully responsible according to the terms of this section.
Failure of City to monitor compliance with these requirements imposes no additional obligations
on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify
and defend City as set forth here is binding on the successors, assigns or heirs of Contractor
and shall survive the termination of this contract or this section.
This indemnity shall survive termination of the Contract or Final Payment hereunder. This
Indemnity is in addition to any other rights or remedies that the Indemnified Parties may have
under the law or under any other Contract Documents or Agreements. In the event of any claim
or demand made against any party which is entitled to be indemnified hereunder, City may, in
its sole discretion, reserve, retain or apply any monies to the Contractor under this Contract for
the purpose of resolving such claims; provided, however, City may release such funds if the
Contractor provides City with reasonable assurance of protection of the Indemnified Parties'
interests. City shall, in its sole discretion, determine whether such assurances are reasonable.
Approval of any insurance contracts by the City does not relieve the Contractor or
subcontractors from liability under Section 1340-1.0, Indemnification of the Specifications. The
City will not be liable for any accident, loss, or damage to the work prior to its completion and
acceptance.
9. Except as otherwise required, Contractor shall concurrently with the execution of this
contract, furnish the City satisfactory evidence of insurance of the kinds and in the amounts
provided in said Specifications, Section 1340-2.0, Insurance Requirements. This insurance
shall be kept in full force and effect by Contractor during this entire contract and all premiums
thereon shall be promptly paid by it. Each policy shall further state that it cannot be canceled
without 30 days unconditional written notice to the City and shall name the City as an additional
insured. Contractor shall furnish evidence of having in effect, and shall maintain, Workers
Compensation Insurance coverage of not less than the statutory amount or otherwise show a
certificate of self-insurance, in accordance with the Workers Compensation laws of the State of
California. Failure to maintain the required amounts and types of coverage throughout the
duration of this Contract shall constitute a material breach of this Contract.
10. Contractor shall forfeit as a penalty to City $25.00 for each laborer, workman, or
mechanic employed in the execution of this Contract by said Contractor, or any subcontractor
under it, upon any of the work herein mentioned, for each calendar day during which such
laborer, workman, or mechanic is required or permitted to work at other than a rate of pay
provided by law for more than 8 hours in any one calendar day and 40 hours in any one
calendar week, in violation of the provisions of Sections 1810-1815 of the Labor Code of the
State of California.
11. In accepting this Contract, Contractor certifies that in the conduct of its business it does
not deny the right of any individual to seek, obtain and hold employment without discrimination
because of race, religious creed, color, national origin, ancestry, physical handicap, medical
condition, marital status, sex or age as provided in the California Fair Employment Practice Act
(Government Code Sections 12900, et seq.) Contractor agrees that a finding by the State Fair
Employment Practices Commission that Contractor has engaged during the term of this
Contract in any unlawful employment practice shall be deemed a breach of this Contract and
Contractor shall pay to City $1,607.00 liquidated damages for each such breach committed
under this contract.
Contract 1300-3
12. Contractor also agrees that for contracts in excess of $30,000 and more than 20
calendar days duration, that apprentices will be employed without discrimination in an approved
program in a ratio established in the apprenticeship standards of the craft involved (Sections
1777.5 and 1777.6, Labor Code of California). Contractors who willfully fail to comply will be
denied the right to bid on public projects for a period of six months in addition to other penalties
provided by law.
13. This Contract shall not be assignable by Contractor without the written consent of City.
14. Contractor shall notify the City Engineer (in writing) forthwith when the Contract is
deemed completed.
15. In accepting this Contract, Contractor certifies that no member or officer of the firm or
corporation is an officer or employee of the City except to the extent permitted by law.
16. Contractor certifies that it is the holder of any necessary California State Contractor's
License and authorized to undertake the above work.
17. The City, or its authorized auditors or representatives, shall have access to and the right
to audit and reproduce any of the Contractor records to the extent the City deems necessary to
insure it is receiving all money to which it is entitled under the contract and/or is paying only the
amounts to which Contractor is properly entitled under the Contract or for other purposes
relating to the Contract.
18. The Contractor shall maintain and preserve all such records for a period of at least three
years after termination of the contract.
19, The Contractor shall maintain all such records in the City of La Quinta. If not, the
Contractor shall, upon request, promptly deliver the records to the City or reimburse the City for
all reasonable and extra costs incurred in conducting the audit at a location other than at City
offices including, but not Jimited to, such additional (out of the City) expenses for personnel,
salaries, private auditors, travel, lodging, meals and overhead.
20. The further terms, conditions, and covenants of the Contract are set forth in the Contract
Documents, each of which is by this reference made a part hereof.
Contract 1300.4
IN WITNESS WHEREOF, the parties have executed this Contract as of the dates
stated below.
11
Dated: �/y Z
"CITY"
CITY OF LA QUINTA
a�Ca/liffo�Jrnia municipal corporat' n
By:
Thomas P. Genovese, City Manager
ATTEST
/ 9",,Z�Lzn Dated:
Veronica J. M ecino, CIVIC, City Clerk
AP ROVED AS TO FORM:
City Attorney
Dated: 4a� 22
"CONTRACTOR"
(If corporation, affix seal)
Dated: By:
sign
Name: 2. 2-- Title: Proms( Dahl l
F int name
tits'
street address city I state zip code
Dated: By:
signature
Name: Title:
print name
Address:
street address city state zip code
Contract 1300-5
FIRST SEALORD SURETY, INC.
789 E. Lancaster Avenue
P.O. Box 900
Villanova, PA 19085
(610)664-2324
PERFORMANCE BOND
Bond No. 10-08604—PP
Premium: 4,487.00
KNOW ALL MEN BY THESE PRESENTS, that we
Sierra Landscape
as Principal, hereinafter called Contractor, and FIRST SEALORD SURETY, INC., a corporation duly organized
under the laws of the Commonwealth of Pennsylvania, as Surety, hereinafter called Surety, are held and firmly bound
unto
City of La Quinta
as Obligee, hereinafter called Owner, in the amount of Two Hundred Ninety Nine Thousand One
Hundred Thirty Three Pollard & 00/100
Dollars ($
299,133.00***
for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and
assigns, jointly and severally by these presents.
WHEREAS, Contractor has by written agreement dated Au Q . 4 , 2 0 10 (dated no later than this bond) entered into
a contract with Owner for P r n No. 9 n n 9 1 6, Tpffprqnn Street Park-1@11cisGaPe
total contract amount being $ 299 , 1 3 3 . 0 0 * * *and in accordance with Drawings and Specificationsppr o veiyn t s
Tim Jonasson, City Engineer
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly
and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full
force and effect.
The Surety hereby waives notice of any alteration or extension of time made by the Owner.
Whenever Contractor shall be, and declared by Owner to be in default and terminated under the Contract, the Owner
having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly
1. Complete the Contract in accordance with its terms and conditions, or
2. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions and upon
determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the
Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and
Owner, and make available as Work progresses (even though there should be a default or a succession of
defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the
Performance Bond - Public(Ed. 8/02/07)
Page 1 of 2
cost of completion less the balance of the contract price; but not exceeding, including other costs and damages
for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term
"balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to
Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to
Contractor.
Any suit under this bond must be instituted before the expiration of two (2) years (three (3) years for projects in
North Carolina) from the date on which final payment under the Contract falls due, it being understood, however,
that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof, such
limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such
law.
No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner
named herein or the heirs, executors, administrators or successors of the Owner.
Signed and sealed this 16 t h day of August 12010
(Witness)
(Principal) (Seal)
By:
('f i(%)
FIRST SE LORD SURETY, INC.
Diane M Nielsen (Attorney-m-Fact)
Performance Bond -Public (Ed. 8/02/07)
Page 2 of 2
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
ON ?�' 116 1 1y , BEFORE ME, LINDA ROCHA, Notary Public
PERSONALLY APPEARED: Diane M. Nielsen
Who proved to me on the basis of satisfactory evidence to be the person (s) whose name (s) is/are
subscribed to the within instrument & acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity (ies), and that by his/her/their signatures (s) on the instrument the
person (s), or the entity upon behalf of which the person (s) acted, executed the instrument.
I certify under penalty of perjury under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
4da Rocha, Notary
LINDA ROCHA
Commission # 1777932
-e Notary Public • California
Riverside County
MV Camm. Bpkes Nov 23, 2011
ALL PURPOSE ACKNOWLEDGMENT
FIRST SEALORD SURETY, INC.
789 E. Lancaster Avenue
P.O. Box 900
Villanova, PA 19085
(610)664-2324
LABOR & MATERIAL PAYMENT BOND
Bond No. 10-08604—PP
Premium: Included
KNOW ALL MEN BY THESE PRESENTS that:
as Principal, hereinafter called Principal, and FIRST SEALORD SURETY, INC., a corporation organized under the laws of the
Commonwealth of Pennsylvania, as Surety, hereinafter called Surety, are held and firmly bound unto:
ri r.. of T.n ni,inta
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of
Two Hundered Ninety Nine Thousand One Hundred Thirty 7TOTIM($
299,133.00**�
for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns,
jointly and severally, firmly by these presents.
WHEREAS, Principal has by written agreement dated
Aug 4 , 2 010 (dated no later than this bond)
entered into a contract with Owner for
Pro!. No. 2009-16, Jefferson Street Parkway Landscape Improvements
total contract amount being S 2 9 9 , 13 3 . 0 0 * * * in accordance with Drawings and Specifications prepared by
Tim Jonasson, City Engineer
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make
payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the
performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject,
however, to the following conditions:
1. A claimant is defined as one having a direct contract with the Principal or with a Subcontractor of the Principal for
labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material
being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of
equipment directly applicable to the Contract.
2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as
herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on
which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant,
may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be
justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or
expenses of any such suit.
Payment Bond - Pubhc(Ed. 08/07/07) Page 1 of
3. No suit or action shall be commenced hereunder by any claimant:
a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to
any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such
claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim
is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials
were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the
same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or
Surety, at any place where an office is regularly maintained for the transactions of business, or served in any
manner in which legal process may be served in the state in which the aforesaid project is located, save that such
service need not be made by a public officer.
b) After the expiration of one (1) year following the date on which the claimant last supplied labor or material or
both, used or reasonably required for use in the performance of the Contract, it being understood, however, that if
any limitation embodied in this bond is prohibited by any law controlling the construction hereof, such limitation
shall be deemed to be amended so as to equal to the minimum period of limitation permitted by such law.
c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the
state hereunder, inclusive of the payment by Surety of Mechanics' liens which may be filed of record against said
improvement, whether or not claim for the amount of such lien be presented under and against this bond.
4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith
hereunder, inclusive of the payment by Surety of Mechanics' liens which may be filed of record against said
improvement, whether or not claim for the amount of such lien be presented under and against this bond.
Signed and sealed this 16 th day of August 20 10
(Witness)
Sierra Landscape Co.
(Principal)
(Seal)
Ole
By:
a
FIRST SEALORD SURETY, INC. -
By:,
Attorney-in=Fact)
Diane M Nielsen (,
Payment Bond - Public (Ed. 08/07/07) Page 2 of 2
STATE OF CALIFORNIA
}
COUNTY OF RIVERSIDE
ON C 161 J , BEFORE ME, LINDA ROCHA, Notary Public
PERSONALLY APPEARED: Diane M. Nielsen
Who proved to me on the basis of satisfactory evidence to be the person (s) whose name (s) is/are
subscribed to the within instrument & acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity (ies), and that by his/her/their signatures (s) on the instrument the
person (s), or the entity upon behalf of which the person (s) acted, executed the instrument.
I certify under penalty of perjury under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signatur
da Rocha, Notary
--------------------
LINDA ROCHA
Commission # 1777932
<.-o Notary Public • California
Riverside County '-
MyCamm. B#es No✓23, 2011
ALL PURPOSE ACKNOWLEDGMENT
First Sealord Surety, Inc. Power No: ACA-0796-09-14005
Power of Attorney
KNOW ALL MEN BY THESE. PRESENTS: That First Sealord Surety, Inc., a corporation of the Commonwealth of Pennsylvania, (hereinafter the
"Company") has made, constituted and appointed, and by these presents does make, constitute and appoint
Van G. Tanner, Sal C. Sandoval, Mathew S. Costello, Paul W. Lewis, Diane M. Nielaen and/or Ann Willard all of Palm Desert, California
its true and lawful Attorney -in -Fact, to make, execute and deliver on its behalf insurance policies, surety bonds, undertakings and other instruments of a
similar nature as follows: --*-
Such Not To Exceed Five Million Dollars --------- — ----------- --(56,000,000.00)
Such insurance policies, surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid Attorney -in -Fact, shall be
binding upon the said Corporation as fully and to the same extent as if signed by the duly authorized officers of the Corporation and sealed with its -
corporate seal; and all the acts of said Attorney in Fact pursuant to'- the _authority hereby given, are hereby ratified and confirmed - - -
This appointment is made pursuant to the: following By -Laws which 'were duly adopted by the -Board of Directors of the said Corporation on April 7, 2003 -
with all Amendments thereto and are still in full force and effect:
"Article XII: Policies, Bonds, Recognitions, Stipulations, Consents of Surety, Underwriting Undertakings, and Instruments Relating Thereto.
Section 12-1. Insurance policies, bonds, recognitions, stipulations, consents of surety and underwriting undertakings of the Corporation, and releases,
agreements and other writings relating in any way thereto or to any Claim or loss thereunder, shall be signed in the name and onbehalf of the
Corporation: a) by the Chairman of the Board, the President or a Vice President, and by the Secretary or an Assistant Secretary; or b) by an Attorney -
in -Fact for the Corporation appointed and authorized by the Chairman of the Board, the President, or a Vice President to make such signature; or c) by
such other officers or representatives as the Board may from time to time determine. The seal of the Corporation shall if appropriate be affixed thereto by
any such officer, Attorney -in -Fact or representative. The authority of such Attorney -in -Fact and Agents shall be as prescribed in the instrument
evidencing their appointment. Any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any
person empowered to make such appointment."
INiWITNESS. WHEREOF;,F First Sealord Surety Inc has ceusedStlu presents t"e duly signed and its -corporate seal to be hereunto affixed and duly
attested this,Wth dof January, 2004 ay
First Sealord Surety, Inc. ,
Y 199,
9�{ (Seal) Attest: Attest: By:
•`'„+"'"
Gary L. Bragg, Secretary Joel D: Cooperman, Vice President
Commonwealth of Pennsylvania
County of Montgomery
On this 20th day of January, 2004, before me personally appeared Joel D. Cooperman, Vice President of First Sealord Surety, Inc., with whom I am
personally acquainted, who, being by me duly sworn, said that he resides in the Commonwealth of Pennsylvania, that he is Vice President of First
-.Sealord Surety, Inc the corporation described in and which executed the foregoing instrument; that he knows the corporate seal of the said
+Corporation; that the seal'affixed to said instrument issuch corporate seal -that it was so affixed by order ,ofahe Board ofDirectors of said Corporation;
and that hesi�, u,�n�d his name thereto as. Vice Presidanf of said Corp_orahon by like=authority -=� _ MONwEAtTN OF a?�ENNSYLYANIA. -
(Seal) j a Y' iNotary Public
r Kv `) CERTIFICATE
Jrai i5a
I, the undersigrieil Secretary of First Sealord Surety., Inc. do hereby certify that the original Power of Attorney of which the foregoing is a full, true and
correct copy, is in full force andeffect on the date of this Certificate and I do further certify that the Offioer who executed the said Power of Attorney was
one of the Officers authorized by the Board of Directors to appoint an Attorney -in -Fact as provided in Section 12-1 of the By -Laws of First Sealord
Surety, Inc. This Certificate may be signed and sealed by facsimile under and by authority of the following provisions of the By -Laws of First Sealord
Surety, Inc.:
"Section 12-2. The use of a printed facsimile of the corporate seal of the Corporation and of the signature of the Secretary or an Assistant Secretary on
any certification of the correctness of a copy of an instrument executed by an authorized person pursuant to Article XII, Section 12-1 of the By -Laws
_ __= appointing -and authorizing an Attorney in -Fact tosign_in the :name -and _on_behalf of the Corporation surety _bonds, underwriting undertakings, or other -
instruments Cescribed inlaid Section 72,7 wdh like_effect as dsu-ch seafand such signature -had been manually affixed and made _= - -
In Witness Whereof, I have hereunto set my hand and affixed the corporate seal of the Corporation to these presents
this 16t)dayof August ,20 10
This power of attorney is void unless the Bond number is inserted in this paragraph (insert Bond 4 herel 0 — 0 8 6 0 4 — P P ), the bond
number is the same number as on the original bond, d the bond number has been inserted. by an officer or employee of the Company or by the agent -
(seal)
Ga L. Bragg, ecretary
Firit_Sealord Surety POA_doc (Ed 01)20l2004)
SECTION 1330
WORKERS' COMPENSATION INSURANCE CERTIFICATE
In accordance with California Labor Code Section 1861, prior to commencement of work on the
Contract, the Contractor shall sign and file with the City the following certification:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer
to be insured against liability for workers' compensation or to undertake self-insurance in
accordance with the provisions of that code, and I will comply with such provisions before
commencing the perfpFinance of the work of this contract."
Sig
Fi
Title
R-1rID
Date
Workers Compensation Insurance Certificate 1330-1
SECTION 1340
LIABILITY AND INSURANCE REQUIREMENTS
1.0 INDEMNIFICATION
Except for the gross negligence or willful misconduct of an Indemnified Party (as
hereinafter defined), the Contractor hereby assumes liability for and agrees to
defend (at Indemnified Parties' option), indemnify, protect and hold harmless City
and its Project Consultants, and Engineers, officers, agents, and employees
("Indemnified Parties") from and against any and all claims, charges, damages,
demands, actions, proceedings, losses, stop notices, costs, expenses (including
counsel fees), judgments, civil fines and penalties, liabilities of any kind or nature
whatsoever, which may be sustained or suffered by or secured against the
Indemnified Parties arising out of or encountered in connection with this Contract or
the performance of the Work including, but not limited to, death of or bodily or
personal injury to persons or damage to property, including property owned by or
under the care and custody of City, and for civil fines and penalties, that may arise
from or be caused, in whole or in part, by any negligent or other act or omission of
Contractor, its officers, agents, employees or Subcontractors including, but not
limited to, liability arising from:
1. Any dangerous, hazardous, unsafe or defective condition of, in or on the
premises, of any nature whatsoever, which may exist by reason of any act,
omission, neglect, or any use or occupation of the premises by Contractor,
its officers, agents, employees, or subcontractors;
2. Any operation conducted upon or any use or occupation of the premises by
Contractor, its officers, agents, employees, or subcontractors under or
pursuant to the provisions of this contract or otherwise;
3. Any act, omission or negligence of Contractor, its officers, agents,
employees, or Subcontractors;
4. Any failure of Contractor, its officers, agents or employees to comply with
any of the terms or conditions of this Contract or any applicable federal,
state, regional, or municipal law, ordinance, rule or regulation; and
5. The conditions, operations, uses, occupations, acts, omissions or negligence
referred to in Sub -subsections (1), (2), (3), and (4), existing or conducted
upon or arising from the use or occupation by Contractor on any other
premises in the care, custody and control of City.
The Contractor also agrees to indemnify City and pay for all damages or loss
suffered by City including but not limited to damage to or loss of City property, to the
extent not insured by City and loss of City revenue from any source, caused by or
arising out of the conditions, operations, uses, occupations, acts, omissions or
negligence referred to in Sub -subsections (1), (2), (3), (4) and (5).
Contractor's obligations under this Section apply regardless of whether or not such
claim, charge, damage, demand, action, proceeding, loss, stop notice, cost
expense, judgment, civil fine or penalty, or liability was caused in part or contributed
Liability and Insurance Requirements 1340-1
to by an Indemnified Party. However, without affecting the rights of City under any
provision of this Contract, Contractor shall not be required to indemnify and hold
harmless City for liability attributable to the active negligence of City, provided such
active negligence is determined by Contract between the parties or by the findings
of a court of competent jurisdiction. In instances where City is shown to have been
actively negligent and where City's active negligence accounts for only a percentage
of the liability involved, the obligation of Contractor will be for that entire portion or
percentage of liability not attributable to the active negligence of City.
Contractor agrees to obtain executed indemnity agreements with provisions
identical to those set forth here in this section from each and every subcontractor or
any other person or entity involved by, for, with or on behalf of Contractor in the
performance of this Contract. In the event Contractor fails to obtain such indemnity
obligations from others as required here, Contractor agrees to be fully responsible
according to the terms of this section.
Failure of City to monitor compliance with these requirements imposes no additional
obligations on City and will in no way act as a waiver of any rights hereunder. This
obligation to indemnify and defend City as set forth here is binding on the
successors, assigns or heirs of Contractor and shall survive the termination of this
Contract or this section.
This indemnity shall survive termination of the Contract or Final Payment hereunder.
This Indemnity is in addition to any other rights or remedies that the Indemnified
Parties may have under the law or under any other Contract Documents or
Agreements. In the event of any claim or demand made against any party which is
entitled to be indemnified hereunder, City may, in its sole discretion, reserve, retain
or apply any monies to the Contractor under this Contract for the purpose of
resolving such claims; provided, however, City may release such funds if the
Contractor provides City with reasonable assurance of protection of the Indemnified
Parties' interests. City shall, in its sole discretion, determine whether such
assurances are reasonable.
Approval of any insurance contracts by the City does not relieve the Contractor or
subcontractors from liability under Section 1340-1.0, Indemnification. The City will
not be liable for any accident, loss, or damage to the work prior to its completion
and acceptance.
2.0 INSURANCE REQUIREMENTS
2.1 General
Prior to the beginning of and throughout the duration of the Work, Contractor will
maintain insurance in conformance with the requirements set forth below.
Contractor will use existing coverage to comply with these requirements. If that
existing coverage does not meet the requirements set forth here, it will be amended
to do so. Contractor acknowledges that the insurance coverage and policy limits set
forth in this section constitute the minimum amount of coverage required. Any
insurance proceeds available to City in excess of the limits and coverage required in
Liability and Insurance Requirements 13442
this Contract and which is applicable to a given loss, will be available to City.
Contractor shall submit coverage verification for review and approval by the City
upon execution of the Contract.
The Notice to Proceed with the Work under this Contract will not be issued, and the
Contractor shall not commence work, until such insurance has been approved by
the City. The Contractor shall not allow any subcontractors to commence work on
its subcontract until all similar insurance required of the subcontractor has been
obtained and verified by Contractor. Such insurance shall remain in full force and
effect at all times during the prosecution of the Work and until the final completion
and acceptance thereof.
The Notice to Proceed does not relieve the Contractor of the duty to obtain such
insurance as required by Paragraph 1340-2.0 INSURANCE REQUIREMENTS.
Contractor shall provide the following types and amounts of insurance:
2.2 Commercial General Liability Policy
Commercial General Liability Insurance using Insurance Services Office
"Commercial General Liability" policy form CG 00 01 or the equivalent. Defense
costs must be paid in addition to limits. There shall be no cross liability exclusion for
claims or suits by one insured against another. Limits shall be no less than Two
Million Dollars ($2,000,000) per occurrence for all covered losses and no less than
Four Million Dollars ($4,000,000) general aggregate.
Contractor's policy shall contain no endorsements limiting coverage beyond the
basic policy coverage grant for any of the following:
a. Explosion, Collapse or Underground Hazard(X CU).
b. Products and Completed Operations.
C. Pollution liability.
d. Contractual liability.
Coverage shall be applicable to City for injury to employees of: contractors,
subcontractors or others involved in the project. Policy shall be endorsed to provide
a separate limit applicable to this project.
2.3 Workers' Compensation Insurance
Workers' Compensation on a state -approved policy form providing statutory benefits
as required by law with employer's liability limits no less than $1,000,000 per
accident for all covered losses.
Liability and Insurance Requirements 1340.3
2.4 Business Auto Policy
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 06 92
including symbol 1 (Any Auto) or the equivalent. Limits shall be no less than
$1,000,000 per accident, combined single limit. If Contractor owns no vehicles,
this requirement may be satisfied by a non -owned auto endorsement to the
general liability policy described above.
2.5 Excess or Umbrella Liability Insurance
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit
requirements, shall provide coverage at least as broad as specified for the
underlying coverage. Any such coverage provided under an umbrella liability policy
shall include a drop down provision providing primary coverage for liability not
covered by primary but covered by the umbrella. Self -insured retentions are not
permitted. Coverage shall be provided on a "pay on behalf' basis, with defense
costs payable in addition to policy limits. There shall be no cross liability exclusion
precluding coverage for claims or suits by one insured against another. Coverage
shall be applicable to City for injury to employees of Contractor, subcontractors or
others involved in the Work. The scope of coverage provided is subject to approval
of City following receipt of proof of insurance as required herein. Limits are subject
to review but in no event less than $1,000,000 per occurrence and aggregate
2.6 Course of Construction
Course of Construction insurance shall provide "all risk" coverage for the
completed value of the project. Policies shall contain the following provisions: (1)
City shall be named as loss payee; and (2) the insurer shall waive all rights of
recovery against the City.
Insurance procured pursuant to these requirements shall be written by insurers that are
admitted carriers in the state of California and with an A.M. Best rating of A- or better and a
minimum financial size of VII.
Contractor and City agree as follows:
1. Contractor agrees to endorse the third party general liability coverage required
.herein to include as additional insureds City, its officials, employees and agents,
using standard ISO endorsement No. CG 2010 with an edition date of 1985.
Contractor also agrees to require all contractors, subcontractors, and anyone else
involved in any way with the project contemplated by this Contract to do likewise.
2. Any waiver of subrogation express or implied on the part of City to any party
involved in this Contract or related documents applies only to the extent of
insurance proceeds actually paid. City, having required that it be named as an
additional insured to all insurance coverage required herein, expressly retains the
right to subrogate against any party for sums not paid by insurance. For its part,
Contractor agrees to waive subrogation rights against City regardless of the
applicability of any insurance proceeds, and to require all contractors,
Liability and Insurance Requirements 1340-4
subcontractors or others involved in any way with the project(s) contemplated by
this Contract, to do likewise.
3. All insurance coverage maintained or procured by Contractor or required of others
by Contractor pursuant to this Contract shall be endorsed to delete the subrogation
condition as to City, or to specifically allow Contractors or others providing insurance
herein to waive subrogation prior to a loss. This endorsement shall be obtained
regardless of existing policy wording that may appear to allow such waivers.
4. It is agreed by Contractor and City that insurance provided pursuant to these
requirements is not intended by any party to be limited to providing coverage for the
vicarious liability of City, or to the supervisory role, if any, of City. All insurance
coverage provided pursuant to this or any other Contract (express or implied) in any
way relating to City is intended to apply to the full extent of the policies involved.
Nothing referred to here or contained in any Contract involving City in relation to the
project(s) contemplated by this Contract is intended to be construed to limit the
application of insurance coverage in any way.
5. None of the coverages required herein will be in compliance with these
requirements if they include any limiting endorsement of any kind that has not been
first submitted to City and approved of in writing.
6. All coverage types and limits required are subject to approval, modification and
additional requirements by the City, as the need arises. Contractor shall not make
any reductions in scope of coverage (e.g. elimination of contractual liability or
reduction of discovery period) that may affect City's protection without City's prior
written consent.
7. Proof of compliance with these insurance requirements, consisting of binders of
coverage, or endorsements, or certificates of insurance, at the option of City, shall
be delivered to City at or prior to the execution of this Contract. In the event such
proof of any insurance is not delivered as required, or in the event such insurance is
canceled at any time and no replacement coverage is provided, City has the right,
but not the duty, to obtain any insurance it deems necessary to protect its interests
under this or any other agreement and to pay the premium. Any premium so paid
by City shall be charged to and promptly paid by Contractor or deducted from sums
due Contractor, at City option.
8. Contractor agrees to endorse, and to require others to endorse, the insurance
provided pursuant to these requirements, to require thirty (30) days notice to City
and the appropriate tender prior to cancellation of such liability coverage and notice
of any material alteration of non -renewal of any such coverage, and to require
contractors, subcontractors, and any other party in anyway involved with the project
contemplated by this Contract to do likewise.
9. It is acknowledged by the parties of this Contract that all insurance coverage
required to be provided by Contractor or any subcontractor, is intended to apply first
and on a primary non-contributing basis in relation to any other insurance or self
insurance available to the City.
Liability and Insurance Requirements 1340-5
10. Contractor agrees to ensure that subcontractors, and any other party involved with
the project that is brought onto or involved in the project by contractor, provide the
same minimum insurance coverage required of Contractor. Contractor agrees to
monitor and review all such coverage and assumes all responsibility for ensuring
that such coverage is provided in conformity with the requirements of this section.
Contractor agrees that upon request, all agreements with subcontractors and others
engaged in the project will be submitted to City for review.
11. Contractor agrees not to self -insure or to use any self -insured retentions or
deductibles on any portion of the insurance required herein and further agrees that
it will not allow any contractor, subcontractor, Architect, Engineer or other entity or
person in any way involved in the performance of work on the project contemplated
by this Contract to self -insure its obligations to City. If contractor's existing coverage
includes a deductible or self -insured retention, the deductible or self -insured
retention must be declared to the City. At that time the City shall review options with
the contractor, which may include reduction or elimination of the deductible or self -
insured retention, substitution of other coverage, or other solutions.
12. The City reserves the right at any time during the term of the contract to change the
amounts and types of insurance required by giving the Contractor ninety (90) days
advance written notice of such change. If such change results in substantial
additional cost to the Contractor, the City will negotiate additional compensation
proportional to the increased benefit to City.
13. For purposes of applying insurance coverage only, all contracts pertaining to the
project will be deemed to be executed when finalized and any activity commences
in furtherance of performance under this Contract.
14. Contractor acknowledges and agrees that any actual or alleged failure on the part of
City to inform Contractor of non-compliance with any insurance requirement in no
way imposes any additional obligations on City nor does it waive any rights
hereunder in this or any other regard.
15. Contractor will renew the required coverage annually as long as City, or its
employees or agents face an exposure from operations of any type pursuant to this
Contract. This obligation applies whether or not the Contract is canceled or
terminated for any reason. The insurance shall include but not be limited to
products and completed operations and discontinued operations, where applicable.
Termination of this obligation is not effective until City executes a written statement
to that effect.
16. Contractor agrees to waive its statutory immunity under any workers' compensation
statute or similar statute, in relation to the city, and to require all subcontractors and
any other person or entity involved in the project contemplated by this Contract to
do likewise.
17. Requirements of specific coverage features are not intended as limitations on other
requirements or as a waiver of any coverage normally provided by any given policy.
Liability and Insurance Requirements 1340-6
Specific reference to a given coverage feature is for purposes of clarification only
as it pertains to a given issue, and is not intended by any party or insured to be all-
inclusive.
18. Any provision in any of the construction documents dealing with the insurance
coverage provided pursuant to these requirements is subordinate to and
superseded by the requirements contained herein. These insurance requirements
are intended to be separate and distinct from any other provision in this Contract
and are intended by the parties here to be interpreted as such.
19. All liability coverage provided according to these requirements must be endorsed to
provide a separate aggregate limit for the project that is the subject of this Contract
and evidencing products and completed operations coverage for not less than two
years after issuance of a final certificate of occupancy by all appropriate government
agencies or acceptance of the completed work by City.
20. Contractor agrees to be responsible for ensuring that no contract used by any party
involved in any way with the project reserves the right to charge City or Contractor
for the cost of additional insurance coverage required by this Contract. Any such
provisions are to be deleted with reference to City. It is not the intent of City to
reimburse any third party for the cost of complying with these requirements. There
shall be no recourse against City for payment of premiums or other amounts with
respect thereto.
21. Contractor agrees to obtain and provide to City a copy of Professional Liability
coverage for Architects or Engineers working on this project through Contractor.
City shall determine the liability limit.
2.7 Change in Terms
The Contractor shall provide immediate written notice to the City of any change in terms
and conditions and/or reduction in the coverage of any nature to the insurance policies.
The notice shall be sent to:
Thomas P. Genovese, City Manager
City of La Quinta
P.O. Box 1504
La Quinta, CA 92247
Liability and Insurance Requirements 1340-7
CIIentriv sf -- -
ACORD- CERTIFICATE OF LIABILITY INSURANCE
8//A,61zo,o"YY"
PRODUCER
Desert Empire Insurance
Services, Inc. LIC # OF09643
77.564 Country Club Drive
Palm Desert, CA 92211
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
NAIL #
INSURED
Sierra Landscape Co Inc
73.771 Dinah Shore Drive, Ste 200
Palm Desert, CA 92211-4247
INSURER& Hartford Underwriters Insurance
30104
INSURER B: National Union Fire Ins Co of P
19445
INSURERC: SeaBright Insurance Company
15553
INSURER D: Philadelphia Indemnity
18058
INSURER E
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR
A
UM
HM
TYPE OF INSURANCE
GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY
CLAIMS MADE O OCCUR
X OCIP Excluded
POLICY NUMBER
72UUNSR5943
POLICY EFFECTIVE
DATE IMM1DDfYY1
04101110
POLICY EXPIRATION
DATEM
04/01/11
LIMITS
EACHOCCURENCE
$1000000
PREMISES Ea occtinanCel$300000
MED EXP (Any one person)
$1G 000
PERSONAL SADV INJURY
$1 000 000
GENERAL AGGREGATE
s2 GOO 000
PRODUCTS -COMP/OP AGO
s2.000.000
GEN-L AGGREGATE LIMIT APPLIES PER:
POLICY X PRo- LOC
D
AUTOMOBILE
LIABILITY
PHPKS60338
04/01/10
04/01/11
COMBINED SINGLE LIMIT
(Ea accitlent)
$,,000,00O
X
ANY AUTO
ALL OWNED AUTOS
BODILY INJURY
(Par person)
$
SCHEDULED AUTOS
X
HIRED AUTOS
NON -OWNED AUTOS
BODILY INJURY
(Par accident)
$
X
PROPERTY DAMAGE
(Per acciGPnt)
$
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
$
ANY AUTO
OTHERTHAN EA ACC
AUTO ONLY: AGG
$
$
B
EXCESSAIMBRELLA LIABILITY
X OCCUR CLAIMS MADE
BE011565920
04101/10
04/01/11
EACH OCCURRENCE
$10 000 000
AGGREGATE
$1 O OOO OOO
$
$
DEDUCTIBLE
C
RETENTION E
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
BB1091684
04101/10
04/01/11
WC -
X STATU-OTH
E.L. EACH ACCIDENT
$1 000 000
E.L. DISEASE- EA EMPLOYEE
$, 000 000
A
ANY PROPRIETOR/PARTNER/EXECUTNE
OFFICER/MEMBER EXCLUDED?
If yea, tlesaibe antler
SPECIAL PROVISIONS below
OTHER Leased and
Rented Equipment
72UUNSR5943
04/01/10
04/01/11
E.L. DISEASE - POLICY LIMIT $, 000,000
$300,000 Limit
$1,000 Deductible
DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
Project #2009.16, Jefferson Street Parkway Landscape Improvements
Certificate holder is named as additional Insured per attached HG00010605
City of La Quinta
P O Box 1504
La Quinta, CA 92253
I ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
IEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL An DAYS WRITTEN
TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
ACOKU ZO EZUUT/UD) T OT Z TTJTO/fff lllYl lu 1 10,
nnkuc o ACORD CORPORATION 198E
PRIMARY & NON—CONTRIBUTORY — PAGE 14
WAIVER::OF SUBROGATION — PAGE 15
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
Various provisions in this policy restrict coverage. Read
the entire policy carefully to determine rights, duties and
what is and is notcovered.
Throughout this policy the words you and "your" refer to
the Named Insured shown' in the Declarations, and any
�p: other person or organization qualifying as a Named
N'.Insured under this policy. The words "we", "us" and "our"
refer to the stock insurance company member of The
c,
Hartford providing this insurance.
ram.,. The. word ."insured" means. any person, or organization
o qualifying as such under Section II — Who. Is An Insured.
o Other words and phrases.that, appear in .quotation marks
�n . aye special meaning.• Refer.to SectionV —Definitions.
N SECTION I — COVERAGES.; :
COVERAGE.-,Xl-BODILY "INJURY AND PROPERTY
o DAMAGE LIABILITY_
d+ .
1. Insuring Agreement
.a :We Wll'pay those sums that the insured: becomes
<, legaliyzobligated to.pay as damages because of
=: "bodily injury": or "property damage" to which this
® insurance applies. We_vill have the: right and. duty
®- to_ defend the: insured.. against any "suit". seeking
those damages However, we will have no duty to
®F defend, the=:insuredin ,'.'agast any "suit" seeking
damages for "bodily injury or "property damage": to
which this insurance does not apply. We may, at
our discretion, . investigate any. "occurrence" and
settle` any claim or "suit" that may result. But:
(1) The amount e will pay for damages is limited
as , described' -,in Section III — Limits Of
— ` lnsurance;.`and
_ O Our 2 nht 'g and duty; to _defend ends when we
have -used up the applicable; limit of insurance in
® the payment of judgments or settlements under
Coverages A ,or B. or medical expenses under
Coverage,,C
No .:other obligation. or liability: to pay sums or
perform acts or services is covered unless explicitly
provided for under; Supplementary Payments —
.: Coverages A and B.
b. This' -insurance' applies to "bodily injury" and
"propertydam-age" only if:.
(1) The "bodily injury" or "property damage" is
caused by an "occurrence" that takes place in
the "coverage territory";
(2) The "bodily injury" or "property damage "occurs
during the policy period; and
(3) Prior : to . the policy' period, no insured listed
under Paragraph .1. of Section II—. Who Is An
Insured and no•".employeeZauthorized,by you to
give or receivenotice of., an "occurrence" or
claim, knew that the,".bodily injury".or,"property
damage" had occurred,. in whole or, in part. If
such a listed insured or authorized "employee"
knew, prior to the policy period that {fie "bodily
Lnjury" or "property damage" occurred, than any
continuation, change or'resumption'of such
..
"bodily injury" or "propert. y damage".. during or
after the policy period will be deemed to have
been known prior to the policy period. :13
c. "Bodily injury" or "property damage" will be deemed
to have beew known tohave: occurred., at the
parties(-ame :when any: insured I listed 'under
Paragraph 1. of Section ll — Whorls An Insured or
any "<"employee"_ authorized; by; you; =to give or
receive notice of an "occurrence" or claim:
(1) Reports all, or any part, of the bodily injury" or
pmperty`damage" to us or any other insurer,
(2),`Recerves a written or verbal..demand or claim
for' damages because of the ."bodily injury" or
(3) ;Becomes._ aware, by any -other means that
bodily ,injury":.; or- "property. damage" has
occurred or has begun to occur.
d Damages .because of bodily,. injury" include
damages claimed by any person: or organization for
care, loss of services or death resulting at any time
e. Incidental Medical Malpractice,.,_
(1),."Bodily, injury" arising out of the rendering of or
failure'. to render..; professional health care
services as a. physician, dentist, : nurse,
emergency medical technician or paramedic
shall be deemed to be caused by an
"occurrence", but only if: <<
(a) The' physician, dentist, nurse; emergency
medical technician or 'paramedic is
employed by you to provide such.services;
and
(b) You are not engaged in the business or
occupation of providing such services.
HG 00 0106 05 . Page 1 of 18
m 2005 The Hartford
(Includes copyrighted material of Insurance Services Office, Inc. with its permission.)
(2) For the purpose of determining the limits of
insurance for incidental medical malpractice,
any act or omission together with all related acts
or omissions in the furnishing of these services
to any one person will be considered one
"occurrence":
2. Exclusion's
This insurance does not apply to:
a. Expected Or Intended Injury
"Bodily injury" or. "property damage" expected or
intended from th6 standpoint of the insured. This
exclusion, does not apply to "b6dily injury" or
."property': damage" resulting from -'the use of
reasonable force to protect persons or property.
br Contractual Liability
Bodily injury." or."property damage for which the
inauied is. obligated to pay dam ag.6i. by reason of
ttid-, assumption of . IiabU ity , -in a_ contract or
agreement. This exclusion does not apply to liability
(1) That the insured would have in the absence of
the ,contract or agreement; or,..,
(2)� Assumed in a contract or agreement that is an
insured contract", provided the "bodily injury' or
"property damage"..' occurs I subseqUerit to the
�exeCUUI)n of theycontrailoragreemerit. Sole . I
f6rs tbe."purposes *-of�liabil*,,,assUrn6d in an..
-'insured contract", reasonable., attorney, fees and
necessary.litigaLon expenses incurred y or for
a party o than
mbecause
other an an insure are..deemed
to be .-
V-
daages6& caus 6 of "bodily li f".'rn' "property
prope.
damage provided
.-L.I.ab,ility,to such f5afty- for, odor cost ofj
that party's diefenselhas alsobeen assumed
in tb6siihe 1insuredcD'htra&r;and
(b) Such attorney fees, and, litigation ,expenses.
a are for defense of that party age in a civil or,.
a it IPA ema.- a, dispute resoIirliob"proczWing in
)which-0 M1Ch damages- t in
surance
guranC a
applies are alleged'
c. Liquor Uab!14.' it Z
"Bodily injury or property damage" for 'Which any
,
iN§6W may Cie heldliabI6 by reason or
(1) cadsipq or contributing to the rrrtowcation of any
person;
6.3, on;
The 'fumishing,:.of alcohok-beveriages; to a
per;6jl under.the legal drinking age or under the_
influence of alcohol] or
.
1(3).: Any statute, ordinance or r6g6lation relating to
the sale,. gift, distribution or use of alcoholic
bey ppges..
This, ex'clusiori.. applies;' only if you are in the
business of manufacturing, distributing, selling,
serving . g or furnishing alcoholic beverages.
d. Workers' Compensation And Similar Laws
Any obligation of the insured under a workers!
compensation, disability benefits or unemployment
compensation law or any similar law.
e. Employers Liability
"Bodily injury" to:
(1) An "employee" of the insured arising out of, and,
in the course off
(a) Employment by the insured; or
(b) Performing duties related to. the. conduct of
the insured's business; or
(2) The spouse, child, parent, brother or sister of
that "employee" as a consequence of.
Paragraph (1) above.
This exclusion applies:
may be liable': as an
(11)'Wffethef the insured in �
employer or in any other capacfty;:6n8
2)' To any ob.igaticb'to� share'dama-ges Aft* or -
repay
someone . els6 must pay -`damages;.
because of the injury.
This exclusion does- not. gpoly%W fla6JI0_,ziissum6dl
by the insured under an "insured 66ntAcV!-.'
f. Pollution
(1)"Bodily injury" or "property. darnage'L, arising out,
".:Of- the actual,. alleged or th,r"ten6di_dlsbhargE'i`
:rmgraponj,f:release oL�, dispersal, seepage;
escape ofrpollutanfs":�,.�
(a) At pr from any premises'," site or location,-.-r'
`which Is. or' was at a'ri'y'."tim'eowned or,x-,
occupied . by .1 0112. rented'6r loaned' to any
Xil
s UU&Mjraph does;;
not apply fo
Bodfly- in)ury"...,,-If-.'sustained .-,,within aM
building, and, caused by srnokq] fumes,f_
vapo., or sobt'produ-ced.-by or onginafi,ng=
from eciffibment that ig'usedf to heaL cooly
or dehumidi1y'th&'building, br equipme
than lsz.used to' -heat i4iat&-fo dsef,% by the. building's, occupants or. t6(
guests*,-
y injury' or property damage i
which you may be heldliable; I . �!if you are
contractor and.Jhei owner or.16sse6
such. premise!,: she• or locatf6n:. has bee
added to'your- polici a's%'an,.:addi1Jon
insured with -'respectl - to__:-y6ti'ongolr
operations p,pli.forTned..for...that .addiUon
insured at that premises,, site ..or IDCatiC
and such premis6i, she ori-1664ion is n
and never was owned or occupied by, i
rented or loaned' to "' ;i ; arly insured, othi
than that additional insured: or
Page.2.01` 1s
HG DO 01106 05
(iii) "Bodily injury" or "property damage"
arising out of heat, smoke or fumes from
a "hostile fire";
(b) At or from any premises, site or location
which is or was at any time used by or for
any insured or others for the handling,
storage, disposal, processing or treatment of
waste;
(c) Which are or were at any time transported,
handled, stored, treated, disposed of, or
processed as waste by or for.
(i)._Any insured; or
(it). Any person or organization for whom you
may be legally responsible;
(d) At or from any premises, site or, location on
which. any insured or. any contractors or
subcontractors working directly or indirectly
on any insured's behalf are performing
operations if the "pollutants" are brought on
or to 'the premises, ` site or location in
oonnecion with such operations by such
insured, contractor or subcontractor.
However, this subparagraph does not apply
to;-::
(i) "Bodily injury" or "property damage"
arising out of the escape ` of fuels,
lubricants or other operating fluids which.
ara, needed to. perform the normal
electrical, hydraulic or mechanical
functions. necessary for the operation of
"mobile equipment" or its parts,, if such
fuels, lubricants or other operating fluids
escape from a vehicle part designed to
hold, store • - or receive. r them..` This
exception does not apply if. the "bodily
injury" or "property,damage arises out of
the intentional.. discharge, dispersal or
release of the fuels, lubricants or other
operating fluids, or if such fuels,
lubricants or other operating fluids. are
brought on or to the premises,` site or
location with ; the intent that they be
discharged, dispersed or released as part
, of.,the operations being performed by
such, insured, contractor or
subcontractor,
(ii) ."Bodily., _ injury" or "property damage"
sustained. within a building and caused
by the release of gases, fumes or vapors
from materials brought into that building
in connection with operations being
performed by you or on your behalf by a
contractor or subcontractor, or
(iii) "Bodily injury" or "property damage".
arising out of heat, smoke or fumes from
a "hostile fire"; or
(e) At or from any premises, site or location on
which any insured or any contractors or
subcontractors working directly or indirectly
on any . insured's behalf are performing
operations if the operations are to test for,
monitor, clean up, remove, contain, treat,
detoxify or neutralize, or in any way respond
to, or assess the effects of, "pollutants".
(2): Any loss, cost or expense arising out of any:
(a) Request, demand,, order or statutory or
regulatory requirement that any insured or
others test for, monitor, cean up, remove,
contain; treat; detoxify or neutralize, or in
any way respond to, or assess the effects of,
"pollutants"; or
(b) Claim or suit by or on behalf of a
governmental . authority for damages
because of testing for, monitoring, cleaning
up, removing, containing, treating,
detoxifying or neutralizing, or in any way.
responding to, or assessing the effects of,
$011ulants".
However, this paragraph does not apply to
liability for damages .because of "property
damage" that the insured would have in the
absence of such request, demand, order or
j statutory .or regulatory requirement, or such
daim or "suit" by -or on behalf of a governmental
authority.
g Aircraft, Auto, Or Watercraft
"Bodilyinjury" or "property damage" arising out of
the: ownership; maintenance, use or entrustment to
others of any. aircraft; "auto" or watercraft owned or
operated by. or rented or loaned to any insured. Use
includes operation and "loading or unloading".
This exclusion applies even if the claims against
any insured allege negligence or other wrongdoing
in the supervision, hiring;. employment, training or
monitoring of others by that insured, if the
"occurrence" which caused the "bodily injury" or
"propertyc,'damage" involved the ownership,
n;airitenance, Use or entrustment to Others of any
aircraft, I "auto":: or watercraft that' is owned or
operated by or rented or loaned to any insured.
This exclusion does not apply to:
(1)'A watercraft while ashore on premises you own
or rent;
(2) A watercraft you do not own that is:
(a) Less than 51 feet long; and
(b) Not being used to corny persons for a
charge; .,
(3) Parking an "auto" on, or on the ways next to,
premises you own or rent, provided the "auto" is
not. owned by or rented or loaned to you or the
insured:
HG 00 0t 05 05 Paae 3 of 18
(4)_ Liability assumed under any "insured contract"
for the ownership, maintenance or use of
aircraft or watercraft;
(5) "Bodily injury" or "property damage" arising out
of the operation of any of the equipment listed in
Paragraph: f.(2) or f.(3) of the definition of
"mobile equipment"; or
(Ei)"An aircraft that is not owned by any insured and
is hired,. chartered or loaned with J. paid crew.
However, this exception does not; apply if the
insured has any other insurance for such "bodily
injury" or "property damaged, whether the other
insurance is primary, excess, contingent or on
any other basis. -
h. Mobile Equipment
"Bodily injury" or "property damage" arising out of:
(1) The transportation of "mobile equipment" by an
"auto" owned of operated by or rented or loaned
to any insured; or
(2} The use,. of "mobile equipment" in, or while in
practice for, or while being prepared for, any
prearranged racing, speed, demolition, or
stuntingactivity.
p.
r War. .
"Bodily:Injury" or "propertydamage", however
caused; arising, directly. or indirectly; out.of:
(1) War, including undeclared or civil war,
(2) Warlike action by a military force ,including
action in hindering or defending against an
-actual or expected attack, by: any government,
sovereign or other ..authority . using military
personnel or other agents; or:
(3)=lnsurredion, ' rebellion,' : re46lution `usurped
power,` or 'action 'taken 'by governmental
4 authority in hindenng or defending against any
ofthese.
t,.
=y Damage To Property
"Propeify damage" to
(1).,.Property you. own, rent;proccupy,, including any
costs. or expenses incurred by you; or -any other
person,.i. organization:: or -entity;--forerepair
replacement, : enhancement, _. restoration or
maintenance of such property for. any, reason,
including prevention of injury to a .person or
damage to another's property;
(2) Premises you sell, give away or. abandon, if the
"property damage" arises out of any' part of
those premises;:
(3),. Propertyloaned to you;
.(4) Personal property in the care, custody or control
:ofthe insured;
(5) That particular part of real property on which
you or any contractors or subcontractors
working directly or indirectly on your behalf are
performing operations, if the "property damage"
arises out of those operations; or
(6) That particular part of any property that must be
restored, repaired or replaced because "your
work" was incorrectly performed on it.
Paragraphs (1), (3) and (4) of this exclusion do not
apply to "property damage" (other than damage by
fire) to premises, including .the contents of such
premises, rented to you. for a period of 7 or fewer
consecutive..days. A separate limit of insurance
applies to Damage To Premises Rented To You as
described in Section III — Limits Of Insurance.
Paragraph (2) of this exclusion does not apply if the-.
premises are "your 'work" and were never occupied,
rented of held for rental by you.
Paragraphs (3) and (4) of this exclusion do not -
apply to `property damage" arising from the use of
elevators.
Paragraphs. (3), (4), (5) and (6) of this exclusion do'
not apply to liability assumed under a sidetrack
agreement.
Paragraphs (3) and (4) of this exclusion do not. -
apply to "property damage" to borrowed equipment
while, not being. used to perform operations at the
job site
Baragraph. (6) of this exclusion does not apply to ;.
"property damage" , included in the "products-
i ::'.completed. operations hazard'.
s:
k ])Mnage To Your Product
Property damage" to "your product" arising out of it '.
.... _ _
1 Dan iage,To.Your Work
Properly damage." to "your work" arising out of it of
' and part of r'it; ` and included in the "products;
complef6d aperabons hazard'.
93j
This exclusion does not pippiy,fthe damaged work
t orb the work out of which the, damage arises was
perfotmed on,yourbehalf by, a_subcontraclor..
It' m Damage -To Impaired Property Or Property Not
' m Physipally Injured
Property"`damage" to "impaired property" or
property that has not been physically injured;
arising out of.
(1) A defect, deficiency; inadequacy or dangerous
condition in "your product" or "your wont"; or
(2) Adelay or failure by, you or anyone acting on
yourbehalf to perform a contract or agreement
in'ac,coidance with its terms.
This exclusion does not apply to the loss of use of
other property arising out of sudden and accidental
physical_injury to "your product" or "your work" after
ft has been put to its intended use.
Page 4.of 18 HG 00 01 06 05
n Recall Of Products, Work Or Impaired
Property
Damages claimed for any loss, cost or expense
incurred by you or others for the foss of use,
withdrawal, recall, inspection, repair, replacement,
adjustment, removal or disposal of:
(1)'."Your product";
(2) "Your work"; or
(I "impaired property";
if such product, work, or property is withdrawn or
recalled from the market or from use by any person
_
or organization because of a known or suspected
defect,- deficiency, inadequacy or dangerous
c condition in it.
o. Personal And Advertising Injury
o "Bodily injury" arising out of "personal and
o advertising injury'.
o:; p. Electronic Data
a; barrages ansing,out of the loss,of, loss of use of,
,"',. , damage to_ corruption, of,.)nability to access, or
N inability to manipulate electronic data.
o Ps used in this exclusion, electronic data means
mfomiatron. ' facts or programsstored as or on,
'' created or used on, or transmitted to .or from
Mai''computer software, including systems and
applications software, hand or floppy disks, CD-
ROM%; {apes, drives, .cells; -=data --processing
devices or any other media which°are used with
,efectrenicallycontrolledequipment.:
q Employment -Related Practices
"Codrly injury" to:
(1) A person arising out of:any "employment—
related practices"; or' _
(2) The, spouse, child, parent, brother or, sister. of
that personas a consequence of "bodily injury"
to that `person at whom � any "employment-
- relafed practices" are directed,
M. This exclusion applies:
(1) Whether the insured may be liable as an
employer or in any other capacity; and
(2); To any . obligation to share- damages with or
- repay someone else who must pay damages
because of the injury.
r.-Asbestos' .
(1) "Bodily injury" or "property damage" arising out
of the."asbestos hazard"..
(2) Any d.amagesi judgments,' settlements, loss,
costs or expenses that:
(a) May be awarded or incurred by reason of
any claim or suit alleging actual or
threatened injury or damage of any nature or
kind to persons or property which would not
have occurred in whole or in part but for the
"asbestos hazard";
(b) Arise out of any request, demand, order or
statutory or regulatory requirement that any
insured or others test for, monitor, dean up,
remove, encapsulate, contain, treat, detoxify
or neutralize or in any way respond to or
assess the effects of an "asbestos hazard";
or <_.. .
(c) Arise `6bt of any claim or suit for damages
because of testing for, monitoring, cleaning
'up; removing, encapsulating, containing,
treating, detoxifying or neutralizing or in any
wayresponding to or assessing the effects .
of an "asbestos hazard".
Daioage!Td Premises Rented To You - Exception
For Damage By Fire, Lightning Or Explosion
Exclusions. c. through h. and j. through n, do not apply
to damage by fire, lightning or explosion to premises
while rented to you or temporarily occupied by you with
permission.of the owner. A separate limit of insurance
applies to this coverage as described in Section III —
Limits Of Insurance.
COVERAGE B , PERSONAL AND ADVERTISING
INJURY LIABILITY.
vmlh"pay those sums that the insured becomes
legally`o6ligated to "pay as damages because of
"personal and advertising injury" to which this
insurance; applies. We will have the right and duty
to;_de�end tfie insured against any "suit",.seeking
"yb damages; However, we will have no duty to
A:
defend the' insured against any "suit" seeking
"damages°for "personal and advertising injury" to
which this insurance does not apply. We may, at
:our discretion, investigate any offense and settle
any claim or "suit" that may result. But:
(1)'-The'amount we will pay for damages is limited
as described in Section III — Limits Of
Insurance and .
(2) gud.right. and duty to defend end when we have
:. used up the applicable limit of insurance in the
payment of judgments or settlements under
Coverages A .or B or medical expenses under
Coverage C.
No other obligation or liability to. pay sums or
pgr(oim`acis or services is covered unless explicitly
provided :for under Supplementary Payments —
Coverapes A and B.
b. This insurance applies to "personal and advertising
injury" caused by. an offense arising out of your,
business but only if the offense was committed in
the "coverage territory" during the policy period.
HG 00 of N 65 .
Pane 5 of 98
' 2. Exclusions
(2) Slogan, unless the slogan is also a trademark,
This insurance does not apply to:
trade name, service mark or other designation
of origin or authenticity;
a. Knowing Violation Of Rights Of Another
is
(3), Title of any literary or artistic work.
"Personal and advertising injury" arising out of an
j• Insureds In Media And Internet Type
offense committed by, at the direction or with the
consent or acquiescence of the insured with the
Businesses
expectation of inflicting "personal and advertising
"Personal and advertising injury" committed by an
injury".
insured whose business is:
b.' Material Published With Knowledge Of Falsity
(1) Advertising, broadcasting, . publishing or
"Personal and advertising injury" arising out of oral,
telecasting;
written or electronic. publication of material, if done
(2), Designing or determining content of web sites
by or at the direction of the insured vdth knowledge
for others; or -
of its falsity.,
(3) An Internet search, access; content or service
c. Material Published Prior To Policy Period
provider.
"Personal and advertising injury" arising out of oral,
However,. this exclusion • does- not apply to
written or electronic. publication of.material,whose
Paragraphs 17.a., .b..and c. of "personal and.
first publication took place before the beginning of
advertising injury" under the Definitions Section.
the,policy period..
For the purposes of this exclusion,.- placing am
d. Criminal Acts
"advertisement" for or. linking to others on your web
^ Personal and advertising injury" arising tiut-of a
site; by itself is not considered the business of.
advertising, broadcasting publishing or telecasting. •'
criminal ad committed by or of the directioir'of the
insured. .Iz,
L Electronic Chatrooms Or Bulletin Boards
e. Contractual Liability
Personal and_ advertising
injury"; arising out of ar! .
"'
Personal and advertising mjury":for whit the
electronic chatrom oor bulletin
board the insured
insured has assumed (lability in a contract or
hosts owns . or over which the insured exercises, ,
agreement. This exclusion does not apply to tiabildy
tbnfrol _
for;:damages that the insured would, have .in the
Unnzed. UseOf Anotper's Name Or >
.+ I autlso.
absence of the contract or agreement
Product I.
f. Breach Of Contract":
"Personal and advertising injury- ansmg "out of the
Personal and advertising injury" arisng out of a
unauthorized`use;'of:aaothers name or product iri ^.
breach of1. contract except: an unp6ed'contiad to use
your e-mail address,. domain name; or, metatags or
anoth2i's
"• "
advertising idea in your advertisement
any _ other similar tactics to mislead anothers
z :
potential customers
g Quality Or performance Of Goods Failure To
Conform,To Statements, „,
m Pollution
Y. x "Personal• and:. advertising injury" arising out of theme
"Personal and advertising injury" arising out .of the
„ s,
actual ageged or threatened discfiart7e, :dispersalT
failure` of goods;[ producis'Or service's to`conform
-
vrrtii any-statement.of quality or performance made
seepage migration; release .'or,,escape of ;
"
in your advertisement . _ -
"ollutants" at any time.., ,.
p
h Wrong Description Of Prices
n Pollution Related`
"Personal arid. advertising injury" arising out of the
Any.loss cost. or expense ansm out of any:
wrong description of the price of goods; products or
J1) Request, :[demand,; ;_order ,or statutory or ;
services:
regulatory, . requlrerrent that any rnsured or
i. Infringeme' i Of Intellecfual Property Rights.
others test for ,, monitorclean ; up, remove
certain, treat detoxify or neutralize, or in any
"Personal and advertising.injuly" arising out of any
way respond to or assess effects of
violation of intellectual property fights. such as
.the
^pollutants" or •.; y "
copyright, patent, trademark, trade name;. trade
(2) Claim or suit by or on behalf of iigovemmental
secret; service mark or other designation, of origin
or authenticity.
authority for damages -because of testing for
However,- this exclusion: does .not apply . to
monitoring, cleaning up -:removing, contarmng
treatm , detoxi ni or neutralizing,
g fy g- g,: or in any
:-infringement,in our"advertisement",of:` .
y
-
way responding to, or assessing the effects of,
(1) Copyright;
°pollutants".
Page, 6, of 18 HG 00,01.06 OS
o. War
"Personal and advertising injury", however caused,
arising, directly or indirectly, out of
(1) War, including undeclared or civil war,
(2) Warlike action by a military force, including
action in hindering or defending. against an
actual or expected attack, by any government,
sovereign or . other authority using military
personnel or other agents; or
(3) Insurrection, rebellion, revolution, usurped power,
or action taken by governmental authority in
hindering or defending against any of these.
p. Internet Advertisements And Content Of Others
N
"Personal and advertising injury" arising out of..
i (1) An "advertisement" for others on your web site;
(2) Placing a link to a web site of others on your
web site; -
(3) Content, including information, sounds, text,
x graphics, or images from a web site of others
displayed within a frame or border on your web
`1
N site; or
(4)'Computercode, software or programming used
to enable:
x
(a) Your web site; or
(b) The presentation or functionality of an
"advertisement" or other content on your
web site.
q Right Of Privacy Created By Statute
} "Personal and advertising injury" arising out of the
.. violation of a person's right of privacy created by
�.' any -state, or federal act
However, this exclusion does not apply to liability
® for damages that the insured would have in the
®_ absence of such state or federal act.
r..Violation Of Anti -Trust law .
-' "Personal and advertising injury" arising out of a
Violation of any anti-trust law.
;:.s. -Securities.
"Personal and advertising injury" arising out of the
-d; fluctuation in price or value of any stocks, bonds or
other securities.
t. Discrimination Or Humiliation
"Personal and advertising injury" arising out of
discrimination or humiliation committed by or at the
direction of . any "executive officer", director,
stockholder, partner or member of the insured.
_ u. Employment -Related Practices
"Personal and advertising injury"to:
(1) A person arising out of any "employment -
related practices"; or
(2) The spouse, child, parent, brother or sister of
that person as a consequence of "personal and
"advertising injury" to that person at whom any
"employment -related practices" are directed.
This exclusion applies:
(1) Whether the insured may be liable as an
employer or in any other capacity; and
(2) To any obligation to share 'damages with or
repay someone else who must pay damages
because of the injury.
v. Asbestos
(1) "Personal and advertising injury" arising out of
the "asbestos hazard".
(2). Any damages, judgments, settlements, loss,
costs or expenses that:
(a) May be awarded or incurred by reason of
any claim or suit alleging actual or
threatened injury or damage of any nature or
kind to persons or property which would not
have occurred. in whole or in part but for the
"asbestos hazard";
(b)Arise out of any request, demand, order or
statutory or. regulatory requirement that any
insured or others test for, monitor, clean up,
remove, encapsulate, contain, treat,. detoxify
or neutralize or in any way respond to or
assess the effects of an "asbestos hazard";
or,
(c) Arise out of'any claim or suit for'damages
because -`of testing for, monitoring, cleaning
up„-; removing, encapsulating; containing,
treating, detoxifying or neutralizing or in any
way responding to or, assessing the effects
of an "asbestos hazard".
COVERAGE C MEDICAL PAYMENTS
7 Insuring Agreement
a. We will pay -medical expenses as described below
for"bodily injury"_caused by,an.accident.
(1) On premises you own or rent;
_(2) ..-On ways next to premises you own or rent; ,or
(3), Because of your operations;
provided that
(i) The accident takes place in the "coverage
territory" and during the policy period;
(2)The expenses are incurred and reported to us
within three years of the date of the accident;
and
(3) The injured person submits to examination, at
our expense, by physicians of our choice as
often as we reasonably require.
� HG ou 61 �06 06 Paaa 7 of 78
b. We will make these payments regardless. of fault.
These payments will not exceed the applicable limit
of Insurance. We will pay reasonable expenses for.
(1) First aid administered at the time of.an accident;
(2) Necessary medical, surgical, x-ray and dental
services, including prosthetic devices: and
(3). Necessary ambulance, hospital, professional
nursing and funeral services.
2. Exclusions
We will not pay expenses for "bodily injury":
a. Any Insured
To any insured, except "volunteer workers":.
b. Hired Person
To' a person hired to do work for or on behalf of any
insured or a tenant of any insured.
c. Injury On Normally Occupied Premises
To, a. person injured on that part of premises you
own or rent that the person normally occupies.
d Workers Compensation And Similar Laws
To a person, whether or not an'"employee" of any
insured, if benefits for the "bodily injury` are payable
or must be provided under a'workers' compensation
or disability benefits law or a similar law.
e Athletics Activities
_ To a: person injure-d,while practicing, instructing or
participating in any physical exercises or games,
sports, or athletic contests.
f Pr6ducis-Completed Operations Hazard
Included within the "products -completed operations
"1 g. Coverage "A Exclusions. '
Excluded under Coverage A
SUPPLEMENTARY •PAYMENTS COVERAGES
A AND B ix
ti. r
1.'_We will pay with respect to any claim we mvesbgate or
it" settle, or any "suagarnsf an insured we defend: '
a. All expenses we incur. ri
b. Up to $1,bo0 for cost of bad `bonds 'required
because of accidents or traffic law'violationsafisrng
out of the use of any vehicle to'which, the Bodily
Injury Liability Coverage applies. We do not have
to fumM these bonds.
c The cost of appeal bonds or bonds to release
attachments, but only for bond amounts iaifhin. the
applicable.limd of insurance. We do not have to
furnish these bonds.
d.: All reasonable expenses incurred by the insured at
our request to assist Lis .in the irrvestigation or
defense of the claim or "suit"; including actual loss
of earnings up to $500 a day because of time off
from work.
e. All costs taxed against the insured in the "suit".
f. Prejudgment interest awarded against the insured
on that part of the judgment we pay. If we make an
offer to pay the applicable limit of insurance, we will
not pay any prejudgment interest based on that
period of time after the offer.
g, Ali interest on the full amount of any judgment that
accrues`afier entry of the judgmentand before we
have "paid, offered to pay, or deposited in court the
part of the judgment that is within the applicable
limit of insurance.
These payments will not reduce the limits of insurance.
2 If we defend` an insured. against a "suit" and an
indeinnitee'ofthe insured is also named as a party to
the."sult",:we will defend that indemnitee if all of the
following, conditions are met:
a. The 'suit" against the indemnitee seeks damages.
for which the insured has assumed the liability of.
the indemnitee in a contract or agreement that is an,*,
"insured ooniract";
b This insurance applies to such liability assumed by`
the insured;
c., The obligation to defend, or the cost of the. defense;..
of,thatindemnitee, has also been assumed by the'-'.
insured in the same "insured contract";
d. The allegations in the "suit" and the. information we r=
know, about the "occurrence" are such that nod;
conflict appears to exist between the interests of
the insured and the interests of the 6clemnftee;
e. The mdemirftee and the insured ask us to conduct
and. controLthe defense of that indemm-
nftee agast
such -"soft" and agree that we can assign the same ''
counsel to defend the insured and the indemnitee
and,;;
I =f..Theindemnifee:
(1) Agreesin- writing to:. Y
. -
(a) Cooperate with us in the investigation
seftleinent or defense of the "suit";
(b) Immediately send us' copes:..of any
demands, notices, summonses` or.legal
papers received in connection with the "suit' µ`
(c) Notify any other insurer whose coverage rs10
available to the indemnftee; and
(d) Cooperate :with ' us with' respect to
coordinating other applicable insurance'
available to the indemnitee; and
J' (2) Provides us"with written authorization to:.
(a) Obtain records and other information related ,y
to the "suit" and
(b) Conduct and 'control the defense of the
indemnitee in such "suit".
So long as the above conditions are met, attorneys'
fees incurred by us in the defense of that indemnitee;
Page,B of 18.
HG 00 0106 05
necessary litigation expenses incurred by us and
necessary litigation expenses incurred by the
indemnitee . at our request will be paid as
Supplementary Payments. Notwithstanding the
provisions of Paragraph 2.b.(2) of Section I —
Coverage A — Bodily Injury And Property Damage
Liability, .such payments will not be deemed to be
damages for "bodily injury" and "property damage" and
will not reduce the limits of insurance.
Our obligation to defend an insured's indemnitee and
to pay for attorneys' fees and necessary litigation
expenses as Supplementary Payments ends when:
a. We have used up the applicable limit of insurance
in the payment of judgments or settlements; or
N "
b. The conditions set forth above, or the terms of the
agreement described in Paragraph f. above, are no
longer meta
o"SECTION 11- WHO IS AN INSURED
o, 1. If you are designated in the Declarations as:
P4 A. An individual, you and your spouse are insureds,
N . but only.with respect to the conduct of a business
of which you are the sole owner.
b. A partnership or jointventure, you are an insured.
Your members, your partners,and their spouses
are .also insureds, but. only, with respect to the
s€ conduct of your business.
c.-A limited liability company; you are an insured.
Your members are also insureds, but only with
respect„ to the conduct of your business. Your
3k managers. are insureds, but only with respell to
their duties as your managers.
�..:, d., An - organization. other. than a partnership, joint
® - venture or' limited, liability company, you are an
. .insured ,Your "executive officers" and directors are
insureds, but only with respect to their duties as
your officers or directors. Your stockholders are
also insureds, but only with respect to their liability
as stockholders.
e. A irust, you are an insured. Your trustees are also
insureds,' but only with' respect to their duties as
2: Each of the following is also an insured:
a. Employees and Volunteer workers
Your 'volunteer workers" only while performing
®ji duties related to the conduct of your business, or
your "employees", other than either your "executive
officers" (if you are an organization other than a
partnership, joint venture or limited liability
company) or your managers (if you are a limited
liability company), but only for acts within the scope
of their employment by you or while performing
duties related to the conduct of your business.
However, none of these "employees" or "volunteer
workers" are insureds for.
(1) "Bodily injury" or "personal and advertising
injury":
(a) To you,.to your partners or members (f you
are a partnership or joint venture), to your
members(if you are a limited liability
company),.to a co -"employee" while in the
course of his or her employment or
performing duties related to the conduct of
your business, or to your other "volunteer
workers". while performing duties related to
the conduct of your business;
(b) To the spouse, child, parent, brother or sister
" of that"co-"employee" or that "volunteer
worker" as a consequence of Paragraph
(1)(a) above;
(c) For which there is any obligation to share
-'damages with, or repay someone else who
must pay damages because of the injury
described in Paragraphs (1)(a) or (b) above;
or
(d) Arising out of his or her provldingbr failing to
provide professional health care services.
If. you ;are not' in the business of. providing
professional health care services, Paragraph (d)
does not apply to any nurse, 'emergency
medical. technician or paramedic employed by
you to' provide such services.
(2) . "Property damage" to property:
(a) Owned occupied or used by,
(b) Rented to, in the care; custody or control of,
or over which physical. control is being
exercised for any purpose by,
you, any of your "employees 'volunteer
workers", any. partner .or member (if you, are a
partnership orjo(nt venture), or'any'member (if
you area limited liability company):
b = Reai Estate Manager,
Any person (other than your "employee" or
vvouunfeer; worker); or any organization while
ratting as your real estate manager.
c. Temporary Custodians of Your Property
Any person' or organization having proper
temporary custody of your property if you die, but
only:
(1) :Wdit respect to liability arising, out of the
mainterltm6e or use of that property; and
(2) Until your legal representative has been
appointed.
d. Legal Representative If You Die
Your legal representative if you die, but only with
respect to duties as such. That representative will
HG'00 0106 05
Pen, P 9 of 9R
S. Nonowned Watercraft
have all your rights and duties under this Coverage
Part
e. Unnamed Subsidiary
Any subsidiary, and subsidiary thereof, of yours
which is, a legally incorporated entity of which you
own a. financial interest, of more than 50% of the
voting stock on the effective, date of the Coverage
Part:
The insurance afforded herein. for any subsidiary
not named in this Coverage.. Part as a named
insured does not apply to injury: or damage• with
respect; to which an insured,, under. this Coverage
Part is also an insured under another policy or
would be an insured under such policy but for its
.termination or the exhaustion of its limits of
insurance.
3. Newly Acquired or Formed Organization
Any organization you newly acquire or form, other than
a partnership, joint venture or limited liability company,
and: over which you maintain financial interest of more
than=50%. of the.voting stock, will qualify as a Named
Insured if there is no other similar insurance available
to that,organtzation. However..,
a Coverage under this provision is afforded only until
the.. 1 80th day after you acquire, or form the
organization. or. the end.; of the .policy period,
whichever is earlier
b_Coverage A;does notapply to:"bodily injury" or
"property damage" that:: occurred::;before you
acquired or formed the or izabp :and
C. Coverage B does not, apply to "personal and
advertising .,injury" ansing out . of ,an. offense
_ - committed' before you' acqudr6eor`.ffonned the
organization.
soect to."mobile equipment",registered in, your
person i5.- an insu'ied while dnvrng such equipment
along a public highway with your permission. Any other
person or organization responsible for-t}ie-condud of
such person is also an insured; but only with respect to
=liability. arising. out, of the operation of:.the equipment,
and only if no: other insurance -of any kind is available
to that person or,orgamzation.forthis frabiaty However,
no person org or, anization is an insured with respect to:
a. "Bodily. mfury".'to. a co -"employee" ,of the person
driving the equipment; or '
b „"Property damage".to property, owned by rented to,
in the charge of or occupied by you of the employer
of any person who is an insured under. this
provision.'.. .
With respect to watercraft you do not own that is less
than 51 .feet long and is not being used to carry
persons for a charge, any person is an insured while
operating such watercraft with your permission: Any
other. person or organization responsible for the
conduct of such person is also an insured, but only
'with -respect to liability arising out of the operation of
the watercraft,, and "only if noother insurance of any
kind is available to that person or organization for this
liability.,:.
However; no person or organization is an insured with
respect to:
a: "Bodily injury" to a co -"employee" of the person
operating the watercraft; or .
b. "Property damage" to property owned by, rented to,
in the charge of or occupied by you or the employer -
of any person who is an insured under this.
provision. .
G. Additional Insureds When Required By Written=
Contract, Written Agreement Or Permit
The following person(s) or organization(s) are an''.
additional insured when you have agreed, in a written.
contract; written agreement or because . of a permit..
rssued'by a state'or political subdivision; that such
parsont."or organization. be added` s5 an. additional ,
insured on your policy, provided the injury�or damage
>:occurs;subsequent to the execution of the'contract or
agreement'
A person or organization. is an additional Insured under T
' thrs''pro`vision only for that period of time'.'r"equired by ,
the contract or agreement..
"` However; no such person or organization is an insured
rl J't6ie nm:neinn If etlrh narcrin hr nman17a4inn
Included, as an insured by an endorsement issued by
sand made a part of this Coverage_Part
a Vendors
Any person(s)' or organizations) (referred to below
as vendor)„ but only with, respect. to bodily injury"
or "property damage•", arising out;of,. your products";
ivhioh are distributed or gold in the: regular course
of the vendor's business and only if this Coverage
Part provides` coverage for "bodrty injury" 'or
"property damage"''fnciudecl within the "products=
completed operations hazard"., .. ..
(1) The insurance afforded the vendor is subject to
the following additional exclusions;
This insurance does not apply -to:.
(a). 'Bodily ..injury."- : or.. "propertydamage" for
which. the, vendor: is,. obligated,.: to pay
damages by.reason of the assumption.of
liability: in a. contractor :agreement. This
exclusion does not apply to liability for
damages that the vendor would have in the
absence of the contract or agreement;
Pace 10 of 18 HG 00 0106, 05
(b) Any express warranty unauthorized by you;
(c) Any physical or chemical change in the
product made intentionally by the vendor;
(d) Repackaging, except when unpacked solely
for the purpose of inspection, demonstration,
testing, or the substitution of parts under
instructions from the manufacturer, and then
repackaged in the original container,
(e) Any failure to make such inspections,
adjustments, tests or servicing as the vendor
has agreed to make or normally undertakes
m to make in the usual course of business, in
connection with the distribution or sale of the
N products;
(f) Demonstration, installation, servicing or
repair operations, except such operations
performed of the vendor's premises in
o connection with the sale of the product;
m (g) Products which, after distribution or sale by
0
you; have been labeled or relabeled or used
as°a container, part or ingredient of any
Nother -thing. or substance by or for the
vendor,, or,
0
d (h) "Bodily injury" or "property damage" arising
* out of the sole negligence of the vendor for
Its. own . acts, or..omissions or. those of its
® employees : or anyone else acting on its
behalf. However, this exclusion does not
®_ apply to;
(i) The exceptions contained in Sub-
paragraphs (d) or (f); or
(ii) Such inspections, adjustments, tests or
servicing as the vendor has agreed to
make or normally undertakes to make in
+ the usual c .course :of business, in
connection with the distribution or sale of
Yhe. products.
(2)'This insurance .does not apply to any insured
—? r person'`or organization, from whom you have
acqu5 ired such products, or any ingredient, part
® or container, entering into, accompanying or
containing such products.
b. Lessors of Equipment
(1) Any person or organization from whom you
lease equipment; but only with respect to their
liability for "bodily injury", "property damage" or
"personal and advertising injury" caused, in
whole or in part, by your maintenance, operation
or use `of: equipment leased to you by such
= person or -organization.
(2) With respect to the insurance afforded to these
additional : insureds: this insurance does not
apply;.fo any "occurrence" which. takes place
after the equipment lease expires.
' HG 00 Of 06 05
c. Lessors of Land or Premises
Any person or organization from whom you lease
land or premises, but only with respect to liability
arising out of the ownership, maintenance or use of
that part of the land or premises leased to you.
With . respect to the . insurance.. afforded these
additional insureds the following additional
exclusions apply:
This insurance does not apply to:
1. Any "occurrence" which,.takes place after you
cease to lease that land; or
2. Structural alterations, new construction or
demolition operations performed by or on behalf
of such person or organization.
d. Architects, Engineers or Surveyors
Any architect, engineer, or surveyor, but only with
respect Jo liability for.;"bodily injury", "property
damage". or "personal. and advertising injury"
caused,. in .whole or in part, by your acts or
omissionsor the acts or omissions of those acting
on your behalf:
(1) ` In connection with your premises; or:
(2) In the performance of your ongoing operations
performed by you or on your behalf.
With respect to the insurance,- afforded these
additional insureds-, the - following additional
exclusion applies: _.
This;irisurence does not. apply to "bodily injury",
"property, damage" or, -"personal and advertising
injury" arising out of the rendering of or the failure
to render any professional services by or for you,
including;
1. The preparing, approving, or failing to prepare.
or approve, maps, .shop drawings, opinions,
"reports; surveys, field orders, change orders or
drawings and specifications; or
2. Supervisory, inspection, architectural: or
engineering activities.
e. Permits . Issued By -State or Political
Subdivisions
Any state. or political. subdivision, but only with
respect to operations performed by you or on your
behalf for which the state or political subdivision
has issued a permit.
p.
With respect to the insurance afforded these
additional insureds, this insurance does not apply
to:.
(1) 'Bodily injury", 'property damage" or "personal
and advertising injury" arising out of operations
performed for the state or municipality; or
(2) 'Bodily injury" or "property damage included
within the 'products -completed operations
hazard".
Page 11 of 18
f. Any Other Party
Anyother person or organization who is not an
insured under Paragraphs a. through e. above, but
only with, respect to liability for "bodily injury",
"property damage" or "personal and advertising
injury". caused, in whole or in part, by your acts or
omissions or the acts or omissions of those acting
on your behalf: - -
(1) In the performance of your ongoing operations;
(2) In connection with your premises owned by or
rented to you; or
(3) In. connection with "your work and included
within the "products -completed operations
hazard", but only if
(a) The written contract or agreement requires
you to provide such coverage to such
additional insured; and
(b) This Coverage Part provides coverage for
"bodily injury" or "property -damage" included
T wifhinthe "products -completed -operations
hazard".
With respect to the insurance afforded to these
additional:insureds; this insurance does not apply
AM :
"Bodily "Bodily injury", "property' damage° or "personal and
:..'advertising injury" arising out of the rendering of, or
the failure to'rendet; any professional archttectural,
engineering or surveying services, including:
(1)=The preparing, approving;..or:failing .to, prepare
or approve,.' maps,
. drawings;' opinions,
reports; aurveys, field orders,
-change orders or
drawings and specifications; or
(2). Supervisory, inspection, architectural or,
engineering activities. ,r
;The limits of insurer rice that apply to additional insureds
under this provision. is described m Section, 111 —Limits
Of insurance.
.::. ,..
How'
,thW iriiiurance applies: when othei insurance is
available to the additional insured is. described in the
Other Insurance 'Condition in Section N Commercial
General Liability Conditions.
No` person or:organization -is an insured with respect to the
condud'of any current' or past partnership, joint venture or
limited: Liabilttycompany-that is not. shown as a:Named
Insured in.the Declarations.
SECTION III :; LIMITS OF. INSURANCE .
1. ;The Most We will.Pay
The Limits of Insurance shown in the Declarations and
,_the rules below fox the most we will pay regardless of
the number of; :
a. Insureds;
b' Claims made or "suits" brought, or
c. Persons or organizations making claims or bringing
"suits".
2. General Aggregate Limit
The General Aggregate Limit is the most we will pay
for the sum of
a. Mediral expenses under Coverage C;
b. Damages under Coverage A;' except damages
because of "bodily injuryor "property, damage"
included in the "products -completed operations
hazard"; and
C. Damages under Coverage B.
3. Products -Completed Operations Aggregate Limit
The Products -Completed Operations Aggregate Limit:.
is the, most we Will pay under Coverage A for damages -
because of "bodily injury" and "property damage"
included in, the "products -completed operations
hazard".
4. Personal and Advertising )n,ury Limit
Subject to 2. above, the Personal. and Advertising,;
Injury. Limit is the most we will pay. under Coverage 13'.
for -the sum of all damages because of all "personal
and advertising injury" sustained by any one person or_
organization.
5. Each'Occurrence Limit i -
Subject to 2. or 3: above; whichever applies; the Each'
Occurrence' Lirnit is the most we will pay for the sum
a. Damages under Coverage A; and
b. Medical expenses under Coverage C.
-:
because.. of. all "bodily injury" and. _"property damage
ansmg out of any one occurrence
6.0 pamage;To Premises, Rented To._You Limit a
Subject to 5'above, the Damage To Premises Rented z
To You Ltmil isthe most we will pay; under Coverage Ate„
for damages because of "properly"damage" to any one,
premises, -;While. rented. .to,you, or,in the;.case otV
damage. by fire, lightning or: explosion,% while rented to
ypu o(iemporadly occupied. by you,with permission off
the owner.:. .. 3
In the case of damage by:fire`'Irghtning'or explosion,
the Damage to Premises RentedToYou Limit applies F.
to all, damage proximately caused, by the same event;
whether such damage results from, fire lightning of .y
explosion`or any, combination. of these
7. Medical Expense Limit
Subject to 5:`above; the Medical Expense=Limit is they,
- most we will pay under' Coverage C for all medical%
expenses because of "bodily injury" sustained by any
one person:
8i` How Limits Apply To Additional Insureds
if you have agreed. in a written contract. or written
agreement that another person or "organization be
Page,12.af 18
HG 00 0106,05
added as an additional insured on your policy, the
most we will pay on behalf of such additional insured is
the lesser of:
a. The limits of insurance specified in the written
contract or written agreement; or
b. The Limits of Insurance shown in the Declarations.
Such amount shall be a part of and not in addition to
Limits of Insurance shown in the Declarations and
described in this Section.
The Limits of Insurance of this Coverage Part apply
separately to each consecutive annual period and to any
rn remaining period of less than 12 months, starting with the
beginning of the policy period shown in the Declarations,
o:unless the policy period is extended after issuance for an
additional period of less than 12 months. In that case, the
additional period will be deemed part of the last preceding
period for purposes of determining the Limits of Insurance.
o SECTION -IV COMMERCIAL GENERAL LIABILITY
o; CONDITIONS
1. oanKrupwy
Bankruptcy or, insolvency of the insured or of the
insured's' estate will not relieve us of our obligations
under.this Coverage Part.
2. Duties In The Event Of Occurrence, Offense, Claim
Or suit
at. Notice Of Occurrence Or Offense
You.or any additional insured must see to it that we
are i-notified as soon as practicable- of an
"occurrence" or an offense which may result in a
claim. To the extent possible; notice should include:
(1) How, when", and where the "oocurrence" or
offense took place;
(2) The. names and addresses of any injured
persons and witnesses, and
(3) The nature and location of any injury or damage
arising out of the "occurrence" or offense.
b Notice Of Claim
If a claim is made or "suit" is brought against any
insured, you or any. additional insured must:..
(1) Immediately record the specifics of the claim or
"suit" and the date received; and
(2) Notify us as soon as practicable.
You or any additional insured must see to it that we
' receive -""ten notice of the taint or "suit" as soon
as practicable.
c. Assistance And Cooperation Of The Insured
You and, any other involved insured must:
(!)":Immediately send us copies of, any, demands,
notices; summonses or legal papers received in
connection with the claim or "suit";
(2) Authorize us to obtain records and other
information;
' HG` 00 01 06 05
(3)' Cooperate with us in the investigation or
settlement of the claim or defense against the
"suit": and
(4) Assist us, upon our request, in the enforcement of
any right against any person or organization which
may be liable to the insured because of injury or
damage to which this insurance may also apply.
d. Obligations At The Insureds Own Cost
No insured will, except at that insured's own cost,
voluntarily make a payment, assume any
obligation; or incur any expense, other than for first
aid; without our consent.
e:'Additional Insureds Other Insurance
If we cover a claim or "suit" under this Coverage
Part that may also be covered by other insurance
available to an additional insured, such additional
insured must submit such claim or "suit" to the
other insurer for defense and indemnity.
However, this provision does not apply to the
extent that you have agreed in a written contract or
written .agreement that this insurance is primary
and'non-contributory with the additional insured's
own insurance.
f: Knowledge Of An Occurrence, Offense, Claim
Paragraphs. a. and b. ,apply to. you or to any
additional insured only, when such "occurrence",
offense, claim or "suit" is known to:
'or any additional "insured that is an
individual;
(2);yAny partner; if you or an additional insured is a
(3) Any, manager, if you or an additional insured is a
limited liability company;
_- (4) ,Any executive officer" or insurance manager, if
you or an,add,itional insured is a corporation;
(5) Any trustee, if -.you or an additional insured is a
trust; or
(6) : Any. elected or appointed official, if you or an
a additio'nal,. insured is a political subdivision or
public entity.
U
This duty applies separately to you and any additional
insured.
3: Legal Action Against Us
No person or' organization has a right under this
Coverage Part:
a 9 join us as a party or otherwise bring us into a
"suit" asking fordamages from an insured; or
b.,To.sue`us on this Coverage Partunless all of its
terms have been fully complied with.
A person or organization may sue us to recover on an
agreed settlement or on a final judgment against an
insured; but we will not be liable for damages that are
not payable under the terms of this Coverage Part or
Page 13 of 18
that are in excess of the applicable limit of insurance.
An agreed settlement means a settlement.and release
of liability signed by us, the insured and the claimant or
the claimant's legal representative.'
4..Otherinsurance
If other valid and collectible insurance is.available to
the insured for a loss we cover under Coverages A or
B of this,Coverage Part, our obligations are limited as
follows;
a. Primary Insurance
This insurance is primary except' when to, below
applies. If other insurance is also- primary; we will
share: with all that other insurance. by the method
described in c. below.
b. Excess insurance
Thisr.insurance is excess over: any, of the other
insurance, whether primary, excess: contingent or
on any other basis:
(1) :Your Work
That is Fire,'Fxtended Coverage, Buiider's Risk,
Installation Risk or similar coverage'for "your
work";
(2) Premises Rented To You
That is fire; lightning or explosion insurance for
premises rented to you or temporarily occupied
by you with permission'of the owner
(3) Tenant Lrakridy
That is., insurance purchas.ed,,by you,tq cover
your liability as a tenant for "properly damage"
to premises rented _to you_;. or. ,temporarily
occupied by you with`penniss�on of the owner
i.. —. • . .a f 4
(4) Aircraft, AUIO Vr MV 51414LL
If the loss arises out_of the maintenance or use
of aircraft, "autos" or vraterc`raft to the extent not `
subject to Exclusion 'g: of Section I,:
n= rxofiv`InlurvAnae
d ProrfyDamQe. Uability
s
(5) Property Damage fo'Borrowed Equipment Or
Use Of Elevators .
if'the loss anses'out`of "property damage" to
b'orrowed'`egwpment or the use:, of elevators to
the extent not subject to EXclu'sion J. of Section I.
-• Coverage A - Bodily InjuryAndy Vibperty
Damage Liability; -
(6i When You Are -Added As' An Additional
Insured, To. Otherinsurance::.
Any other insurance available'' -to you covering
liability,for damages arising out.. of the, premises,
or. operations, Pr.;.products:: and „completed'
operations, for which you have been added as
an additional insured by that,insurance` or""'
(7) When, You Add Others As An Adurtoonar
Insured To This Insurance
Any other insurance available to an additional
insured.
However, the following provisions apply to other
insurance available to any person or
organization who is an additional insured under
this coverage part..
(a) Primary Insurance When Required By
Contract
This insurance is primary if you have agreed
in a .written' contract or written agreement
that this 'insurance be primary. If other
insurance is.also primary, we.will share,with
all .that - other insurance by. the method
described in c. below.
(b) Primary And Non -Contributory To Other
Insurance When Required By Contract ;
If you have agreed in a written contract,
written agreement, or permit .that this.,
insurance is primaryand non-contributory,
with the additional insured's own insurance,.'
this insurance is; primary' and we will not
seek contribution from that other insurance.
Paragraphs (a) and (b) do not apply to other-
insurance.to which the additional insured has -,.
been added as An additional insured"
When ttris; insurance is excessr'. we.,will, have notes
duty:undar Coverages A or B to defend the insured
against any;"suit".:if any other insurer has a duty to-.
defend the' insured against: that+"suit°'If no other-
Jnsuret defends ,we will .undertake to do so, but wee
yui114 be entitled. to the insureds: rigtrts against alb
is excess over
would pay for the loss in the bbsence. of tins
insurance, and..
(2y The total 'of all deducti"' ble and self -insured
14.6mounts. under all that other insurance.`
We V411 share the remaining loss; if any, with any:,
other insurance that is not describedin`this. Fxcess
insurance, provision and was not. bought specfically
to apply, in,excess,of the Limits o.:Insurance showm;
in the Declarations of this Coverage Part..:
c :.Method Of Sharing,.:., ..
If all of the other,insurance permits contribution by
equal shares, we will follow this method also. Under;
this approach each insurer `contributes equal
amounts until it -has paid its, applicable limit of
insurance or none of the loss remains; whichever
comes first.
HO 00.0106 05
Rine 14of18
If any of the other insurance does not permit
contribution by equal shares, we will contribute by
limits. Under this method, each insurer's share is
based on the ratio of its applicable limit of
insurance to the total applicable limits of insurance
of all insurers.
5. Premium Audit
a. We will compute all premiums for this Coverage
Part in accordance with our rules and rates.
b. Premium shown in this Coverage Part as advance
premium is a deposit premium only. At the close of
o each audit period we will, compute the earned
premium for that period and send notice to the first
.Named Insured. The due date,. for audit and
retrospective premiums is the date shown as the
due date on the bill. If the, sum of the advance and
o audit premiums paid for the policy period is greater
o than the earned premium, we will return the excess
m' to the.first Named Insured.
c. The first Named Insured must keep records of the
63 information we need for premium computation, and
send us copies, at such times as we may request.
0.. 6. Representations -
0
rn a .When You Accept.This Policy
ey accepting this policy, you agree:
(1). The statements in the Declarations are accurate
,`and complete;:
(2)`. Those statements are based upon
representations you made to us; and
® (3) We have issued this policy in reliance upon your
® representations. - - - -
® b. Unintentional Faiiure.36 Disclose Hazards
If ;'unintentionally you, should Jail to disclose all
hazards .relating to the conduct of your business
that exist at the inception date of this Coverage
® <Part,,. We shall not .deny coverage under this
cs, Coverage Part because of such failure.
7. Separation Of Insureds
Except with respect to the Limits of Insurance, and any
rights or duties specifically assigned in this Coverage
Part to the first Named Insured, this insurance applies:
a As if each Named, insured were the only Named
insured; and
b .Separately to each insured against whom claim is
made or "suit" is brought.
.8.: Transfer. Of Rights Of Recovery Against Others To
.Ms.r
a.:- Transfer of Rights Of Recovery
" If the insured has rights to recover all or part of any
payment, including Supplementary Payments, we
have made under this Coverage Part, those rights
are transferred to us. The insured must do nothing
after loss to impair them. At our requests the
insured will bring "suit" or transfer those rights to us
and help us enforce them.
b. Waiver Of Rights Of Recovery (Waiver Of
Subrogation)
If the insured has waived any rights of recovery
against any person or organization for all or part of
any payment, including Supplementary Payments,
we have made under this Coverage Part, we also
waive that right, provided the insured waived their
rights of recovery against . such person or
organization in a contract, agreement or permit that
was executed prior to the injury or damage.
9. When We Do Not Renew
If we decide not to renew this Coverage Part, we will
mail or deliver to the first Named Insured shown in the
Declarations written notice of the nonrenewal not less
than 30 days before the expiration date.
If notice, is mailed, proof.of mailing will be sufficient
proof of notice.
SECTION V — DEFINITIONS
1. "Advertisement" means the widespread . public
dissemination of information or images that has the
purpose of inducing the sale of goods, products or
services through: .
a. (1)
Radio;
(2)
Television;
(3)
Billboard;
(4)
Magazine;
(5)
Newspaper, or
b. Pny 9. er,.publication that is given widespread
However "advertisement" does not include:
a ,The design, printed material, information or images
contained in,. on or. upon the packaging or labeling
Of any goods or products; or:
b. An interactive conversation between or among
,persons through a computer network.
2. "Advertising idea" means. any idea for an
"advertisement".
3. "Asbestos hazard" means an exposure or threat of
exposure to the actual or alleged properties of
asbestos and includes the mere presence of asbestos
in any form.
4. "Auto". means a land motor vehicle, trailer or semitrailer
designed for travel on public roads, including any
attached machinery or equipment. But "auto" does not
include "mobile equipment".
5. "Bodily injury" means physical:
a.. Injury,
b:: Sickness; or
c . Disease
sustained by a person and, if arising out of the above,
mental anguish or death at any time.
HG DO 0f06 05
Page 15'of 18
6.. "Coverage territory" means:
a. The United States of America (including its territories
and possessions), Puerto Rico and Canada;
b. Intemational waters or airspace, but only if the
injury or damage occurs in the course of travel or
transportation between any places included in a.
above;or
c., All other.parts of the world if the injury or damage
arises out of:
(1) Goods or products made or sold by you in the
territory described in a. above;
(2)' The activities of a person whose home is in the
territory described in a. above, but is away for a
short time on your business; or
(3)"Personal and advertising injury" offenses that
take place through' the Internet or similar
electronic means of communication
provided the insured's responsibility to pay damages is
determined in the United States of America (including its
territories and possessions), Puerto Rico or Canada, in,a
"suit". on the merits according:, to the substantive law in
such territory or in a settlement we agree to.
7. - Empioyee includes a "leased worker. ."Employee"
does not include a "temporary worker": '
8. "Employment -Related Practices" means
a.' Refusal to employ a person;
b. Termination of a person's employment; or
c. Employment -related practices, policies,; acts or .
omissions, such as coercion demotion, evaluation,
reassignment, discipline, defamation, harassment,
humiliation or discrimination drected `at a person.
9. "Executive officer" means a person holding any of the
officer positions created by'your`charter constitution,
by lavis.br any othersimriar goveming,document
10.- Hostile fire" means one which becomes. uncontrollable
or breaks out from where t "s intended to lie.
11"ImpAired property" means' 'tangrble propeity.`other.'`
than "your product" or "your work", that cannot be used
or is less useful because.
a. It incorporates "your product" oe"your work" that is
known � or Ahought' to be 'defective deficient,
r -inadequate or dangerous; or
b:'You have failed to fulfill the terms of a contract or
agreement;
if such proper ty caribe restored to use by
a The, repair, replacement, adjustment; or removal of
your product" or" your work"; or
b.. Your fulfilling the terns of the, contract or agreement:..
12."Insured contract" means:
a. A contract for a lease of premises. However, that
portion of the contract for a lease of premises: that
indemnifies any person or organization for damage
>,by fire, lightning or explosion to premises while
rented to you or temporarily occupied by you with
permission of the, owner is subject to the Damage
to Premises Rented To You Limit described in
Section III — Limits of Insurance;
b. A sidetrack agreement;
c. Any easement or license agreement, including an
easement or license agreement in connection with
construction or demolition operations on or within
50 feet of a railroad;
d. An, obligation, .as required by. ordinance, to
indemnify a municipality, except in connection with
work for municipality;
a., An elevator maintenance agreement;
f. That 'part of any other contract or agreement..
pertaining to your business '(including an
indemnification of a municipality in connection with
work performed for a municipality) urider which you
assume the tort liability of another party to pay for-:
"bodily injury" or "property damage" to a third:
person or organization, provided the "bodily.injury
ouproperty damage" is caused, in whole or in part;_
by; you or by those acting on your behalf. TorfL
liability means a liability that would be imposed by
law in the absence of any contract or agreement.
Paragraph f. includes. that part, of any contract or
agreement that indemnifies a railroad for "bodily
injury": or "property damage"." arising' out of
construction or demolition operations; within So feet
of any railroad property and affecting any railroad F
badge; or, trestle, tracks, road -bads; `tunnel`.,
underpass or crossing.. .
However, Paragraph f. does not include that partof+i
any contract, or agreem_ ent
(1) That indemnifies . an architect engineer o6
surveyor for injury or damage arising out of 51_
(a)f Preparing, approving, or failing to prepare or—;,
approve, maps; shop. dravnngs opinions
reports; surveysi:field orders; change orders'
or drawings and specifications or k,
(b) Giving directions or instructions or falling to ' ,
`.. giveth in, if thatis the primary cause of the
injury ordamage or;;
(2) _Under which the insured if an, architect, .engineer x
or surveyor, assumes liability for an . injury or
damage arising out of the insureds rendering or =q.
failure to render professional seivices ``including
those . listed in (1) .. above ' and ,'supervisoryr,
inspection;,architect al or en activities,
13."Leased worker" means a person' leased to you' by k
labor leasing fine .under an. agreement -,between ,l
you
and the labor leasing firm, to perform duties related to
the conduct of your business "Leased worker" does '=
not include d1emporary worker". .
14 "loading or unloading" means the handling of property:
a.,, After 'it is moved from the place where it is accepted
for movement into or onto an aircraft, watercraft or
"auto";
Paoe.16 of 18 FIG.00 0106 0S
b. While it is in or on an aircraft, watercraft or "auto";
or
c. While it is being moved from an aircraft, watercraft
or "auto" to the place where it is finally delivered;
but "loading or unloading" does not include the
movement of property by means of a mechanical
device, other than a hand truck, that is not attached to
the aircraft, watercraft or "auto".
15."Mobile equipment" means any of the following types
of land vehicles, including any attached machinery or
equipment:
.-r a. Bulldozers, farm machinery, forklifts and other
`-� vehicles designed for use principally off public
o roads;
b. Vehicles maintained for use solely on or next to
premises you own or rent;
c. Vehicles that travel on crawler treads;
0
m d. Vehicles, whether self-propelled or not, maintained
primarilyto provide. mobility to permanently
w mounted:
'(1)'Power cranes, shovels, loaders, diggers or
o - - -drills; or
m`! (2). Road construction , or resurfacing equipment
* such as graders, scrapers or rollers;
e., Vehicles not described in a., b., c. or d. above that
® are not self-propelled and are maintained primarily
to. provide mobility to permanently attached
.equipment of the following types:
(1) Air compressors; pumps '; and. generators,
including spraying, welding,' building cleaning,
geophysical exploration; lighting and well
servicing equipment, or
(2) Cherry pickers and similar devices used to raise
�5. or lower workers;
f. Vehicles not described in a., b:; c. or d. above
maintained primarily for purposes other than the
transportation of persons or cargo.
®; However„ self-propelled vehicles with.the following
types of permanently attached. equipment are not
"mobile equipment" but will be considered "autos":
(1). Equipment„ of at. least 1,000 pounds gross
vehicle weight, designed primarily for.
(a) Snow removal;
(b) Road, maintenance, but not construction or
resurfacing; or.
(c) Street cleaning;
(2) Cherry pickers and similar devices mounted on
automobile or truck chassis and used to raise or
®_ lower workers; and
(3) Air compressors, pumps and generators,
including spraying, welding, building cleaning,
geophysical exploration, lighting and well
servicing equipment
16."Occurrence" means an accident, including continuous
or repeated exposure to substantially the same general
harmful conditions.
17."Personal and advertising injury" means injury,
including consequential "bodily injury", arising out of
one or more of the following offenses:
a. False arrest, detention or imprisonment;
b. Malicious prosecution;
c. The wrongful eviction from, wrongful entry into, or
invasion of the right of private occupancy of a room,
..dwelling or premises that, a person occupies,
committed by or on behalf of its owner, landlord or
lessor,
d. Oral, written or electronic publication of material
that slanders, or libels a person or organization or
disparages a person's or organization's goods,
products or services;
e. Oral, written or. electronic publication of material
that violates a person's right of privacy;
f.:Copying, in your "advertisement", a person's or
...organization's "advertising idea" or style of
"advertisement";
g Infringement of copyright, slogan, or title of any
literary, or artistic work, in your "advertisement"-, or
h. Discrimination or humiliation that results in injury to
the feelings or reputation of a natural person::'":,
1B."Pollutants" mean any solid, liquid, gaseous or thermal
irritant or contaminant, including„ smoke,, vapor;, soot,
fumes, acids, alkalis, chemicals and waste:. Waste
includes materials to be'recycled, reconditioned or
reclaimed:
19 ' Prod66ts completed operations hazard'-
,A..Includes ail "bodily, injury"; and .."property. damage"
occurring away from premises you own_orrent and
arising out of "your product" or "your work"except:
(1) ,Products. that are still in your,: physical
possession; or.
(2) Work that has not yet been completed or
abandoned. However, "your work will_ be
deemed_. completed at the earliest of the
following fires:
(a) When all of the work called for in your
contract has been completed.-
(b) When all of the work to be done afi the job
site has been completed if your contract
calls for work at more than one job site.
(c) When that part of the work done at a job site
has been put to its intended use by' any
person or organization other than another
contractor or subcontractor working on the
same project.
Work that may need service, maintenance,
correction, repair or replacement, but which is
otherwise complete, will be treated as
completed.
HG'00 01`06 05
Page 17 of 16
b. Doesnot include "bodily injury" or "property
damage" arising out of:
(1) The transportation of property, unless the
injury or damage arises out of.a condition in or
on a vehicle not owned or operated by you,
and that condition was created. by the "loading
or unloading" of that vehicle by any insured;
(2) The existence of tools, uninstalled equipment
or abandoned or unused materials; of `
(3) Products or operations for which the
classification; listed in the'Declarations or in a
policy" schedule, states that `products -
completed operations are subject to the
General Aggregate Limit
20. "Property damage" means:
a Physical, injury to.tangible property,. including all
resultingloss of use of that propertyz.Allsuch loss
of use shall be deemed to occur at the time of the
"physicalinjury that caused it; or
b. Loss 'of use of tangible property that is not
physically injured. All such loss of use shalf be
'deemed to occur at the time of the "occurrence"
that caused it
As used rn this definition, computertied or
electroncally'stored data, `programs or software are
,:. not -tangible ,. property. Electronic '`data -' means
information, -facts or programs:
;'ar,Stored as or on; ..
b Creoen; or
T,ransmrtted to or from, .
compute oftware, including systems :and
applications software, -,hard or., -floppy disks,.. Cp_;
ROMS; tapes dories cells; data processing devices
of any othermedra'which ol are used vath-electronicall y.
"coInrolled
`equipni@iit.
211"Su Y means a civil proceeding rn zwlich damages
' because`' of "bodily injury", - "property_ damage" or
°personal and advertising injury" to 'which this
insurance -applies are alleged. "Sud"mcludes
a. An arbitration proceeding in which such damages
are claimed and to which the insured must submit
or does submit with our consent, or"
b Any . ` other alternative dispute resolution
proceeding in'whrch such- damages' are claimed
amid to' which 'the insured submits with our
consent.
22."Temporary worker" means a person who is
fumished to you to substitute for a permanent
"employee" on leave or to meet seasonal or short-
term workload conditions.
23. "Volunteer worker" means a person who
a. Is not your''employee";
b. Donates his or her work;
c. Acts at the direction of and within the scope of .
duties determined by you; and
d. Is not paid a fee, salary or other compensation by
you or anyone else for their work performed for
you.
it"Your product":
a. Means:
(1) Any goods or products, other. than real..
property, manufactured, sold, handled,
distributed or disposed of by:
(a) You;
(b) Others trading under your name; or
(c) A, person. ororganization .whose business
or assets you have acquired; and
(2) Containe-rs (other. than. vehicles), materials,:
parts.. or .equipment fumished 1n. connectiort -
with such goods or producfs.
b: Includes
3
(1) Warranties or: representatrons.rade at any
time with respect•;= to thee -fitness.' quality
durability, performance or; use of "your `-
product"; and r
(2) The pro idrng of or failure to. provide. wammgs �__,.
or instructions - H
,. C.:._Does, not. .,lnclude -vending machmes;_or other--
property rented to or located.forthe use of othergl—tII
'
but not sold..:
a. Means
(1) Work or'operatrons,%'pertortned by you.or one
your behalf, and
(2)` Matenalsparts or 'equrpment fumished m� _5-
b. Includes'
(1) Warranties or representahon_s.. made at any;
time ` with respect'to the'" fitness; quality;;
durability, performance or use of "your woW.-.
and
(2) The providingof or.failure to provide wamings'-
or instructions:
Page_ 18, of_18.
HG 00 0106 05
2SIERLAN
D- EVIDENCE OF PROPERTY INSURANCE DATE IMwDD�
. .... _ 09/14/2010
�:.: .....
1S EVIDENCETHAT INSURANCE AS IDENTIFIED BELOW HAS BEEN ISSUED, IS IN FORCE, AND CONVEYS ALL THE
kITS AND PRIVILEGES AFFORDED UNDER THE POLICY.
PHONE
ac No Eal : 760 360-4700
COMPANY
prt Empire Insurance
The Hartford Insurance Co.
/rvices, Inc. LIC # OF09643
J7.564 Country Club Drive
Palm Desert, CA 92211
CODE: SUB DGDE:
AGENCY
CUSTOMER ID 0:
INSURED
LOAN NUMBER
POLICY NUMBER
Sierra Landscape Co Inc
Binder
73-771 Dinah Shore Drive, Ste 200
EFFECTIVE DATE
EXPIRATION DATE
Palm Desert, CA 92211-4247
10/14/10
12114110
TERMINATEDIF CNECKED
THIS REPLACES PRIOR EVIDENCE DATED:
PROPERTY INFORMATION ..
LOCATIONIOESCRIPTION
Jefferson Street Parkway, La Quints CA 92253
COVERAGE INFORMATION
COVERAGEIPERILSIFORMS AMOUNT OF INSURANCE DEDUCTIBLE
Course of Construction
$299,133
$2500
REMARKS (Including Special Conditions) .
_._..
CANCELLATION _.... 10 Days for Non-P0ymont
THE POLICY IS SUBJECT TO THE PREMIUMS, FORMS, AND RULES IN EFPLCT VOR CACITI POLICY PG110D. OIK)UI,D 11111
POLICY BE TERMINATED, THE COMPANY WILL GIVE THE ADDITIONAL INTEREST IDI1N'fIPILD BI71,0W 10 . , DAYO
WRITTEN NOTICE, AND WILL SEND NOTIFICATION OF ANY CHANGED TO THO POLICY THAT WOULI) AGPI'.CT TIIAT
INTEREST IN ACCORDANCE WITH THE POLICY PROVISIONS OR AS RE IRED 0V LAW. -
ADDITIONAL INTEREST
NAME AND ADDRESS
MORTGAGCO AUDI I IONA. INOUIICU
City of Lo Quinta
_[LOSS PAYtlE
P.O. Box 1504
LOAN S
La Qulnta CA 92253
AUTHORIZED REPRDSENTATIVD
L
ACORD 27 (3193), 1 of I M 8401
2LgOC.®ACORO CORPORATION 199
r:
Tjhf 4 4 a"
Sheet 1 of 1
CONTRACT: Jefferson Street Parkway Landscape Improvements PROJECT NO.2009-16B
CONTRACTOR, Sierra Landscape Co.
73771 Dinah Shore Dr.
Palm Desert, Ca. 92211
CONTRACT CHANGE ORDER NO.1
Pucsaatto the terms ofthe original ContmctAgreement, you are hereby directed to stake theherein descnbed changes ordothe following
descrihedwork not included in the plans and spediloationa forthis Contract. Unless otherwise stated all work shall confor nto the trams,
general conditions, and special provisions of the original Contract.
DESCBIPTION4)FCAANGE
This Contract Change Order allows for construction of 220 LF ofwrought iron fencing and one 20 foot wide gate around theperimeter of
the City owned property on the northeast corner of Jefferson Street and Vista Grande. Total $29,860.00
By reason of this contract change order the time ofeomptepon is adjuated a tbllows: -3- days addedtdeleted to contract time,
The rovhed contract completion date shall be. 12/14/10
Sbhmkted
Appresed
2
Z
We, rhaanderaignedContractor, harsglven cargl]tl eomldemiloit to theehmgepropared andhemby agree, if this proposal is approved thatwe will
providsaff eguoriumi, jur nish aUmaterlals, perform all labor, exceptas may be noted above, andperform all services necessary tocmriplete the above
spe4fledwak and hereby accept asfull payment the amount shown above, which Includes all direct and indirect overhead expenses for any delays.
Aeeopted
Date:
TiMOMMQi0 SERVIB9 UMSIOn(CO')1Pa0raClSa_CgN]TRLIaII0Nn000.1W NUTEaSON amaT PARKWAY WiD Ms
a OVa1ffinrSlOnSiRanrtO OORMPAY WSACC &TCOel ADDM0tQ MNCRATVWrAQMN0aDOC
a
T4hf 4 4 a"
CONTRACT: Jefferson Street Parkway Landscape Improvements
CONTRACTOR: Sierra Landscape Co.
73771 Dinah Shore Dr.
Palm Desert, Ca. 92211
CONTRACT CHANGE ORDER NO.2
Sheet 1 of 2
PROJECT NO.2009-16B
Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the following
described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform to the terms,
general conditions, and special provisions of the original Contract.
DESCRIPTION OF CHANGE
This Contract Change Order allows for construction of+/- 1,800 LF of electrical conduit and pullboxes for future lighting needs near the
sidewalks on the east and west sides of the new Jefferson Street Parkway Landscape Improvements. $9,787.00
..........................................................................................I
Previous Contract Amount Through Change Order No. 1
$ 328,994.00
Add This Chan a Order No. 2
$ 9 787.00
Revised Contract Total
$ 338,781.00
By reason of this contract change order the time of completion is adjusted as follows: -4- working days added to contract time.
The revised contract completion date shall be: 12/20/10
Submitted
Approved
We, the undersigned Contractor, havegiven careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will
provide all equipment, furnish all materials, perform alllabor, except as may be noted above, and perform all services necessary to complete the above
specified work, and hereby accept as full payment the amount shown above, which includes all direct and indirect overhead expenses for any delays.
Accepted By:
Contractor
Title:
Date: t
Sheet 1 of 5
CONTRACT: Jefferson Street Parkway Landscape Improvements PROJECT NO.2009-16B
CONTRACTOR: Sierra Landscape Co.
73771 Dinah Shore Dr.
Palm Desert, Ca. 92211
CONTRACT CHANGE ORDER NO.3
++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
Pursuant to the terms ofthe original Contract Agreement, you are hereby directed to make the herein described changes or do the following
described work not included in the plans and specifications for this Contract Unless otherwise stated all work shall conform to the terms,
general conditions, and special provisions of the original Contract.
++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
This Contract Change Order allows for a Contract Quantity Adjustment between the Bid Quantities and the Actual Quantities Installed
Total S 17 757.00
This Contract Change Order allows for the additional installation of concrete driveway to match existing conditions Total 1,504.00
This Contract Change Order allows for a credit for the downsizing and substitution of tree species Total $ (3,951.00)
Total $15,310.00
*+*****++#*+***+++*+***+*#*******#**#*+***+++****+*+#*****++##+*++#*+++**#+*#####+#**++++*
Previous Contract Amount Through Change Order No. 2 $ 3387g0.00
Add This Change Order No. 3 1 $ 15 310.00
Revised Contract Total I $ 354 090.00
By reason of this contract change order the time of completion is adjusted as follows: -4- working days added to contract time.
The revised contract completion date shall be: 12/24/10
Submitted
Approved
#+#**++++****+*********+#++*+**+*****++***+*#*++***+****++++***********++**++******#****#*
We, the undersigned Contractor, haw 91Y n caxful coaddandaft to the chaageprop Mandhereby agree, if this proposal is approved that we will
provide all equipment, frrnish all materials, perform all labor, except as may be noted above, andper,Jbrm all services necessary to complete the above
specified work and hereby accept as f dl payment the amount shown above, which includes all direct and indirect overhead expenses for any delays.
Accepted
Title: Piv/
Contractor: 5/ At Date: I.1q, t!
PLEASE COMPLETE THIS INFORMATION
RECORDING REQUESTED BY:
VERONICA J. MONTECINO, City Clerk
AND WHEN RECORDED MAIL TO:
CITY OF LA QUINTA
Attn: Veronica J. Montecino
P 0 Box 1504
La Quinta, CA 92247
SPAT
DOC # 2011-0065611
02/10/2011 08:00A Fee:NC
Page 1 of 2
Recorded in Official Records
County of Riverside
Larry W. Ward
Assessor, County Clerk & Recorder
-71
I III IIIIIII I III II I I II II IIII III II II III III
S I R I U IPAGEISIZEI DA IMISCILONGIRFDI COPY
M I A I L 1 465 1 426 1 PCOR
NOTICE OF COMPLETION
Jefferson Street Landscape Improvements, Project No, 2009-16B
Contractor: Sierra Landscape Co.
Title of Document
SMF CHI
CTY UNI
THIS AREA FOR
RECORDERS
USE ONLY
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
Exempt Recording Fees per Government Code... Sections 6103 and 27383
M
PLEASE COMPLETE THIS INFORMATION
RECORDING REQUESTED BY:
VERONICA J. MONTECINO, CMC, City Clerk
AND WHEN RECORDED MAIL TO:
CITY OF LA QUINTA
Attn: Veronica J. Montecino
P. O. Box 1504
La Quinta, CA 92247-1504
NOTICE IS HEREBY GIVEN:
SPACE ABOVE FOR RECORDER'S USE ONLY
NOTICE OF COMPLETION
1. That the interest or estate stated in paragraph 3 herein in the real property herein described is
owned by: The City of La Quinta, California, a Municipal Corporation, organized and incorporated
pursuant to the laws of the State of California.
2. The City Clerk of the City of La Quinta is authorized and directed to execute, on behalf of said
City, any and all Notices of Completion.
3. That the nature of the life of the stated owner, or if more than one owner, then of the stated
owner and co -owners is: In Fee.
4. That on the 1s` day of February 2011 a work of improvement on the real property herein
described was completed.
5. The public work improvement is described as follows: Jefferson Street Parkway Landscape
Improvements, Project No. 2009-166.
6. The name of the contractor for said work of improvement was: Sierra Landscape Co.
7. The property on which said public work of improvement was completed is in the City of
La Quinta, County of Riverside, State of California, and is described as follows: East and West
Sides of Jefferson Street between Westward Ho Drive and Vista Grande Street just North of
Highway 111.
DATED: February 2, 2011 CITY OF LA INTA, CALIFORNIA
BY:
TITLE: Clerk
STATE OF CALIFORNIA I
COUNTY OF RIVERSIDE I
I hereby certify that I am the City Clerk of the governing board of the City Council of the City of
La Quinta, the political subdivision which executed the foregoing notice and on whose behalf I make this
verification: that I have read said notice, know its contents, and that the same is true. I certify under
penalty of perjury that the foregoing is true and correct.
Executed at La Quinta, California.
VERONICA J/. ,AON`FECINO, City Clerk
City of La Q lnta, California