HomeMy WebLinkAboutContracts & Agreements_103-96_CCv0001.pdf AGREEMENT
THIS AGREEMENT, made and entered into this 15th day of October, 1996, by and between the City
of Redlands, a Municipal Corporation, organized and existing under the laws of the State of California,
hereinafter referred to as the "City", and
Contreras Construction Company
Enrique G . Contreras and Ruben G . Contreras
a partnership consisting of
or an individual trading as
Indio Riverside
of the City of , County of
State of California, hereinafter referred to as the "Contractor".
WITNESSETH: That the City and the Contractor, for the consideration hereinafter named, agree as follows:
1. SCOPE OF WORK: The Contractor will furnish all materials and will perform all of the work for the
following:
To perform construction of the CDBG Curb and Gutter project, complete, all as shown, specified, and
made a part of Contract No. 23-6815-2960.
2. THE CONTRACT SUM OF:
3. TIME FOR COMPLETION: The work shall be completed within forty (40)work days from and after
the date of the Notice to Proceed.
4. CONTRACT DOCUMENTS: The complete Contract includes all of the contract documents set forth
herein, to wit; Notice Inviting Bids, Instructions to Bidders, Proposal and Bid Forms, Bid Bond,
Agreement, Performance Bond, Payment Bond, Plans and Specifications,all referenced specifications,and
any Addenda thereto.
5. ATTORNEY FEES: In the event any legal action is commenced to enforce or interpret the terms or
conditions of this Contract the prevailing party shall, in addition to any costs and other relief, be entitled
to recovery of its reasonable attorney's fees.
6. DEFENSE OBLIGATION: The Contractor shall defend the City, its elected officials,officers, agents,
and employees from and against any and all claims, losses, damages, and causes of action, including death,
brought by any person or persons for or on account of any wrongful or negligent act or omission of the
Contractor, its employees or agents in connection with the performance of the Contractor's obligation under
this Contract.
7. INSURANCE: All policies of insurance required by this Contract shall name the City, its elected
officials, employees, and agents as additional insured, and such insurance shall be primary with respect
to such additional insured and non-contributing to any insurance or self-insurance maintained by the
additional insured.
CD-23
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on the day
and year first written above.
CITY'S SEAL
•". MN ALAKANir Are:
ayor, City of REDLANDS
County of San Bernardino, California
ATTEST:
ito
City Cl- , City of • TDS
Cons of San Bemar..:no, California
CONTRERAS CONSTRUCTION Co.
Name of Contractor
4111,
CONTRACTOR'S SEALBY: / t itt"
Signatulof A 4thorized Agent
OWNER/PARTNER
Signatory's Title
Signature of Authorized Agent (if necessary)
Signatory's Title of necessary)
647878
Contractor's License No.
CD-24
WORKERS' COMPENSATION INSURANCE STATEMENT
I, the undersigned authorized agent for the Contractor, am aware of the provisions of Section 3700
of the Labor Code which requires 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 performance of the work under the City's Contract
No, 23-6815-2903.
CONTRERAS CONSTRUCTION Co.
Name of -• ', actor
10(
By:
Signatur- of Authorized Agent
OWNER/PARTNER
Signatory's Title
647878
Contractor's License No.
CD-26
BOND NO: SA1244854
PERFORMANCE BOND PREMIUM: $2,059.00
KNOW ALL PERSONS BY THESE PRESENTS
That RERAS CONSTRUCTION CO. as Contractor,
and STAR INSURANCE COMPANY
as Surety,
are held and firmly bound unto the City of REDLANDS, hereinafter called City, in the sum of
ONE HUNDRED FIFTY FIVE THOUSAND EIGHT HUNDRED FIFTY NINE AND NO/100 dollars,
for the payment of which sum well and truly be made, we bind ourselves, our heirs, executors, administrators,
successors, and assigns, jointly and severally, firmly by these presents.
WHEREAS, said Contractor has been awarded and is about to enter into the annexed contract with said City to
perform all work required under the City's Contract No. 23-6815-2960.
NOW, THEREFORE, if said Contractor shall perform all of the requirements of said contract required to be
performed on their part, at the times and in the manner specified therein, then this obligation shall be null and void,
otherwise it shall remain in full force and in effect until 90 days after completion.
PROVIDED, that any alterations in the work to be done or the materials to be furnished, which may be made
pursuant to the terms of said contract, shall not in any way release either said Contractor or said Surety thereunder,
nor shall any extensions of time granted under the provisions of said contract release either said Contractor or said
Surety, and notice of such alterations or extensions of the contract is hereby waived by said Surety.
SIGNED AND SEALED, this 23RD day of OCTOBER , 1996.
CONTRERAS 07NSTRUCTION CO. STAR INSURANCE CONIPANY
(SEAL) (SEAL)
Principal ' Surety
/7
• / 7e"-e" zz By•
• ____,1---
Signattre Signature WESLEY HONG, • •• —IN—FACT
Address: 100 CENTURY CENTER CT. #302
SAN JOSE, CA. 95112
Telephone: (800 ) 870-0037
(Seal and Notarial Acknowledgment of Surety)
CD-26
STAR INSURANCE COMPANY
GENERAL POWER OF ATTORNEY
No.:SA 12 44 854
(Void unless numbered in red.)
KNOW ALL MEN BY THESE PRESENTS, that Star Insurance Company has made, constituted and appointed, and by these presents does
make,constitute and appoint
WESLEY HONG OF SAN JOSE, CALIFORNIA
its true and lawful attomey-in-fact, for it and in its name, place, and stead to execute on behalf of the said Company, as surctc bonds,
undertakings and contracts or suretyship to be given to
Applicable to All Obligees
provided that no bond or undertaking or contract of suretyship executed under this authroity shall exceed in amount the sum of
two hundred fifty thousand (S250,000.00) dollars.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution
adopted by the Board of Directors of the Company on the 7th day of January, 1993.
"RESOLVED,that the Chairman of the Board,the Vice Chairman of the Board,the President,an Executive Vice President or a Senior
Vice President or a Vice President of the Company be.and that each or any of them is,authorized to execute Powers of Attorney qualifying the
attorney-in-fact named in the given Power of Attorney to execute in behalf of the Company bonds, undertakings and all contracts of suretyship;
and that an Assistant Vice President, a Secretary or an Assistant Secretary be, and that each or any of them hereby is, authorized to attest the
execution of any such Power of Attorney,and to attach thereto the seal of the Company.
FURTHER RESOLVED, that the signatures of such officers and the seal of the Company may be affixed to any such Power of
Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or
facsimile seal shall be valid and binding upon the Company when so affixed and in the future with respect to any bond,undertaking or contract of
suretyship to which it is attached."
IN WITNESS WHEREOF,STAR INSURANCE COMPANY has caused its official seal to be hereunto affixed,and these presents to
be sined by one of its Senior Vice Presidents and attested by one of its Assistant Vice Presidents this 13th day of March, 1995.
Attest: STAR INSURANCE COMPANY
By
Ernestine Dougherty,Assistant Vide President iii ?0,70,4„6.°14..\\Marc S Willner,Senior Vice President
STATE OF MICHIGAN \,'"' SEAL -7
ss: \4,
COUNTY OF OAKLAND 1
On this 13th day or March, 1995.before roe personally come mare s to me known,who being by me duly sworn,did depose
and sa that he is a Senior Vice President of STAR INSURANCE COMPANY, the corporation described in and which executed the above
instrument:that he knows the seal of the said corporation,that the seal affixed to the said instrument is such corporate seal:that it was so aftixed
by order of the Board of Directors of's:lid corporation and that he signed his name thereto by like order:
, .
t.e,N A
C7‘.40TAlifr NOTARY PUBLIC
N My Commission Expires:
COLLEEN KELTZ
-vocou,02
CERTIFICATE Notary Public,Oakland County,MI
My Commission Expires AK 30,1
f, the undersigned, of STAR INSURANCE COMPANY, a Michigan corporation, DO HEREBY CERTIFY that the foregoing. and
attached Power of Attorney remains in full force and has not been revoked; and furthermore that the Resolution of the Board of Directors, set
forth in the said Power of Attorney,is now in force_
Signed and sealed at the city of South rield in the State of Nil ichiraan: Dated the 23RDay of OCTOBER , 199 6.
Mary Jo‘i enaud,Assistant Secretary
6031-Mar.95 Page 1 of 1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of CALIFORNIA
County of SANTA CLARA
On 10/23/96 before me, E. E. SCALA, NOTARY PUBLIC
DATE NAME,TITLE OR OFFICER-E.G.*JANE DOE,NOTARY PUBLIC•
personally appeared WESLEY HONG
NAME(S)OF SIGNER{S)
fit personally known to me - OR -❑ proved to me on the basis of satisfactory evidence to be
the person(s) whose name(1) is/j subscribed to the
within instrument and acknowledged to me that
he/sigrtibasx executed the same in hisMAXITN
authorized capacity(W, and that by his
signature(A) on the instrument the persons, or the
'•7"
40Z
697.44,•"f"'4,1 entity upon behalf of which the person(i) acted,
4 '°. E. E.SCALA
A
ret COMM. 1001534°1 executed the instrument.
.,�
�� ��., NOTARY auauc-cwt
e SJ�NTACLARA GOWN t: WITNESS my hand and official seal.
my Comm Expres JUNE 9,si r )
SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and
could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) . 0 LIMITED
0 GENERAL
12 ATTORNEY-IN-FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSONS)OR ENTITY{IES(
STAR INSURANCE COMPANY SIGNER(S) OTHER THAN NAMED ABOVE
{
AIA000032 Rev.5194
BOND NO: SA1 244854
PAYMENT BOND UM: INCLUDED WITH THE
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS
That CONTRERAS CONSTRUCTION CO. as Contractor,
and STAR INSURANCE COMPANY as Surety,
are held and firmly bound unto the City of Redlands, hereinafter called City, in the sum of
ONE HUNDRED FIFTY FIVE THOUSAND EIGHT HUNDRED FIFTY NINE AND NO/100 dollars,
for the payment of which sum well and truly be made, we bind ourselves, our heirs, executors, administrators,
successors, and assigns,jointly and severally, firmly by these presents.
WHEREAS, said Contractor has been awarded and is about to enter into the annexed contract with said City to
perform all work required under the City's Contract No. 23-6815-2960.
NOW, THEREFORE, if said Contractor, or subcontractor, fails to pay for any materials, equipment, or other
supplies, or for rental of same, used in connection with the performance of work contracted to be done, or for
amounts due under applicable State law for any work or labor thereon, said Surety will pay for the same in an
amount not exceeding the sum specified above, and, in the event suit is brought upon this bond, a reasonable
attorney's fee to be fixed by the court. This bond shall inure to the benefit of any persons, companies, or
corporations entitled to file claims under applicable State law and will remain in force until 90 days after
completion.
PROVIDED, that any alterations in the work to be done or the materials to be furnished, which may be made
pursuant to the terms of said contract, shall not in any way release either said Contractor or said Surety thereunder,
nor shall any extensions of time granted under the provisions of said contract release either said Contractor or said
Surety, and notice of such alterations or extensions of the contract is hereby waived by said Surety.
SIGNED AND SEALED, this 23RD day of OCTOBER , 1996.
• - CONSTRUCTION CO. (SEAL) STAR INSURANCE COMPANY (SEAL)
Principal 7 Surety
/-
,;:i (
By: —27/ By: —
Signattre Signature WESLEY HSI- • •RNEY—IN—FACT
Address: 100 CENTURY CENTER CT. #302
SAN JOSE, CA. 95112
Telephone: (800 ) 870-0037
(Seal and Notarial Acknowledgment of Surety)
CD-27
STA' ' INSUR ',,NCE COMPANY
GENERAL POWER OF ATTORNEY
No.:SA 12 44 854
(Void unless numbered fn red)
KNOW ALL MEN BY THESE PRESENTS, that Star Insurance Company has made, constituted and appointed, and by these presents does
make,constitute and appoint
WESLEY HONG OF SAN JOSE, CALIFORNIA
its true and lawful attorney-in-fact, for it and in its name, place, and stead to execute on behalf of the said Company, as surety, bonds,
undertakings and contracts or suretyship to be given to
Applicable to All Obligees
provided that no bond or undertaking or contract of suretyship executed under this authroity shall exceed in amount the sum of
two hundred fifty thousand (S250,000.00) dollars.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution
adopted by the Board of Directors of the Company on the 7th day oflanuary, 1993.
"RESOLVED,that the Chairman of the Board,the Vice Chairman of the Board,the President,an Executive Vice President or a Senior
Vice President or a Vice President of the Company be, and that each or an of them is, authorized to execute Powers of Attorney qualifying the
attorney-in-fact named in the given Power of Attorney to execute in behalf of the Company bonds, undertakings and all contracts of suretyship;
and that an Assistant Vice President, a Secretary or an Assistant Secretary he, and that each or any of them hereby is, authorized to attest the
execution of any such Power of Attorney,and to attach thereto the seal of Company
FURTHER RESOLVED, that the signatures of such officers and the seal of the Company may be affixed to any such Power of
Attorney or to an certificate relating, thereto by facsimile, and any such Power oh Attorney or certificate bearing such facsimile signatures or
facsimile seal shall be valid and binding upon the Company when so affixed and in the future with respect to any bond,undertaking or contract of
suretyship to which it is attached."
IN WITNESS WHEREOF,STAR INSURANCE.COMP.ANY has caused its official seal to be hereunto affixed,and these presents to
be signed by one of its Senior Vice Presidents and attested by one of its Assistant Vice Presidents this 13th day of March, 1995.
Attest: STAR INSURANCE COMPANY
By .............../ "
,....&e: .... .........0)22• 1041, 1"
Ernestine Dougherty,Assistant Vice President Marc S Wiliner,Senior Vice President
I z ogperiAre. -,,,1
f CC •••••... T.1
2
STATE OF MICHIGAN 1 "\^ SEAL -I
ss.: •,.,/
COUNTY OF OAKLAND 1
Oct this 13th day of March, I995,before me personally came Marc S Willner,to me known,who being by me duly sworn,(lid depose
and say that he is a Senior Vice President of STAR INSURANCE COMPANY, the corporation described in and which executed the above
instrument:that he knows the seal of the said corporation:that the seal affixed to the said instrument is such corporate seal; that it was so affixed
by order of the Board of Directors or said corporation and that.he sined il IS name[hereto by like order ,
lOvogiTAR y e_.:,, so r ARV PUBLIC
fr 0 NA
i .0.III.• , Ma Commission Expires:
\l• COLLEEN KELTZ
•.+0 „40:,,,
,.....css,..-
CERTIFICATE N., Public,(Mend County,MI
My Commission Expires Apt.30,1”..
I, the undersigned, of STAR INSURANCE: COMPANY, a Michigan corporation, DO HEREBY CERTIFY that the foregoing and
altachd Power of Attorney remains in full force and has not been revoked: and furthermore that tire Resolution of the Board of Directors, set
forth in the said Power of Attorney,is now in force.
Skmed and sealed at the city of Southfield in the State of Michig_an. Dated the 23RDay of OM-OBER , 1996.
-
)
Mary Jo''enaud,Assistant Secretary
6031-Mar.95 Page 1 of 1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of CALIFORNIA
County of SANTA CLARA
On 10/23/96 before me, E. E. SCALA, NOTARY PUBLIC
DATE NAME,TITLE OR OFFICER-EG, 'JANE DOE,NOTARY PUBLIC"
personally appeared WESLEY HONG
NAMEISI OF SIGNERISI
A: personally known to me - OR -El proved to me on the basis of satisfactory evidence to be
the person(%) whose name(%) is/ subscribed to the
within instrument and acknowledged to me that
he/Klmattw executed the same in hisAtigaRigt
authorized capacity( , and that by hisiciFirwcy
signature( ) on the instrument the person , or the
entity upon behalf of which the person(z) acted,
E. E.SCALA executed the instrument.
- 1100153
WITNESS my hand and official seal.
ACURA e
„ 9 _
"emzezed;rii;rovA ---
SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and
could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
El INDIVIDUAL
0 CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE SI
LI PARTNER(S) . 0 LIMITED
0 GENERAL
(2 Al I ORNEY-IN-FACT NUMBER OF PAGES
0 TRUSTEE(S)
El GUARDIAN/CONSERVATOR
LI OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSONISI OR ENTIMIESI
STAR INSURANCE COMPANY SIGNER(S) OTHER THAN NAMED ABOVE
AlACC0932 lir% 5194
; . .A/ /)1�11°'' CERTIFICATE AF1 • M` INwUR
ANCE • DATE(MM/DD/YY)
10/28/98
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Coachella Valley insurance Svc HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
81.557 Dr. Carreon Blvd. #8-8 ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW.
Indio CA 92201.5517 COMPANIES AFFORDING COVERAGE
COMPANY
A Unigard Insurance Co.
INSURED
COMPANY
Contreras Construction Co. B First Financial Ins Co
Enrique i Ruben Contreras
COMPANY
P 0 Box 1808
Indio CA 922021808
COMPANY
D
THIS IS TO CERTIFY THAT THE POUCIES OF INSURANCE USTED 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 POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTNE POLICY EXPRATON
LIR DATE (MMIDDP/Y) DATE (MM/DD/YY) LIMITS
B GENERAL LIABILITY F0253G411285 07/24/96 07/24/97 GENERAL AGGREGATE $ 2,000,000
X COMMERCIAL GENERAL LIAB,Lrr PRODUCTS-COMP/OP AGG $ 1,000,000
CLAVAS MAGE XI OCCURPERSONAL&AoV INJURY S 1,000,000
OWNERS&CONTRACTORS PROT EACH OCCURRENCE $ 1,000,000
FRE DAMAGE(Any X*fire) $ 50,000
i
MED EXP(Any one person) $ 1,000
A AUTOMOBILE LIABILITY RX806483 07/24/96 07/24/97
ANY AUTO COMBINED SINGLE LIMIT $ 1,000,000
ALL OWNED AUTOS BODILY INJURY
S
X SCHEDULED AUTOS (Per person)
X HIRED AUTOS BODILY INJURY
X NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE $
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANY AUTO OTHER THAN AUTO ONLY:
$
$
EXCESS LIABILITY EACH OCCURRENCE $
UMBRELLA FORM AGGREGATE S
OTHER THAN UMBRELLA FORM $
WC STATU- i 0TH-
WORKERS COMPENSATION AND T()Fr`(I parts FR
EMPLOYERS'LIABILITY
EL EACH ACCIDENT S
THE PROPRIETOR/ INCL a DISEASE-POLICY UMIT $
PARTNERSOCECUTIVE
OFFICERS ARE: 'I EXCL EL DISEASE-EA EMPLOYEE $
OTHER
DESCRIPTION OF QPtATIONS/LOCAT1oN�VB-IIC CUL ITEMS
Certificate holder is nam additional insured per form CG 20 10 attached
'Notice of cancellation for nonpayment of premium is 10 days
Primary wording: Refer to page 6 of 9 Section IV-Commerical General
Liability Conditions 4. Other Insurance. a. Primary Insurance per attached
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
City of Redlands EXPIRATION DATE TT OF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
C/o Alan K. Griffiths 30 DAYS WRIIItN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
P 0 Bo= 3005 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
Redlands CA 92373
OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORCZED(AIPgESENTAT1VE
coop9RA i
A
POLICY NUMBER: F 02S3G411299 COMMERCIAL OFNERAT Unpin'
THIS ENITORSETNEAT CHANGES THE POLICY. PLEASE READ IT CAAMLLY.
ADvitiLmaL INSURED - OWNERS, LESSEES OR
CONTRACTORS (FORM 9)
This endorsement modifies insurance provided under thy 'Wowing:
COMMERCIAL GENERAL LIAPILITY COVIRACE PART.
SCNEDULE
Name of Person or Orsmnization:
CITY OF REDLANDS, ITS ELECTED OFFICIALS,
EMPLOYEES AND AGENTS
C/O ALAN K. GRIFFITHS
P.O. BOX 3005, REDLANDS, CA 92373
If no entry appears abgive, information required to complete this endorsmocA will bm ahcNo In the Declarations
e$ applicable to stile endorsement.)
WNO IS AN INSURED (Section II) is amended to include es an insured the person or organization shown in the
Schedule, but only with respect to liability arising out of "your work" for That Insured by or for you.
cc 20 lo fl 65 LopyrIght, Insurance Service% Office, Inc.. 1754
CG 00 01 11
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 not covered.
Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations, and any other person or
organization qualifying as a Named Insured under this policy. The words "we", "us" and "our" refer to the company providing this
insurance.
The word "insured" means any person or organization qualifying as such under WHO IS AN INSURED (SECTION II).
Other words and phrases that appear in quotation marks have special meaning. Refer to DEFINITIONS (SECTION V).
SECTION I - COVERAGES This exclusion does not apply to "bodily injury" resulti
from the use of reasonable force to protect persons or
COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY property.
1. Insuring Agreement. b. "Bodily injury" or "property damage" for which the
insured is obligated to pay damages by reason of the
a. We will pay those sums that the insured becomes legally assumption of liability in a contract or agreement. This
obligated to pay as damages because of "bodily injury" or exclusion does not apply to liability for damages:
"property damage" to which this insurance applies. We will
have the right and duty to defend any "suit" seeking those (1) Assumed in a contract or agreement that is an "incur
damages. We may at our discretion investigate any "occur- contract", provided the "bodily injury" or "property
rence" and settle any claim or "suit" that may result. But: damage" occurs subsequent to the execution of the
contract or agreement; or
(1) The amount we will pay for damages is limited as
described in LIMITS OF INSURANCE (SECTION III); and (2) That the insured would have in the absence of the
contract or agreement.
(2) Our right and duty to defend end when we have used up
the applicable limit of insurance in the payment of c. "Bodily injury" or "property damage" for which any
judgments or settlements under Coverages A or B or insured may be held liable by reason of:
medical expenses under Coverage C.
(1) Causing or contributing to the intoxication of any
No other obligation or liability to pay sums or perform person;
acts or services is covered unless explicitly provided
for under SUPPLEMENTARY PAYMENTS - COVERAGES A AND B. (2) The furnishing of alcoholic beverages to a person
under the legal drinking age or under the influence c
b. This insurance applies to "bodily injury" and "property alcohol; or
damage" only if:
(3) Any statute, ordinance or regulation relating to the
(1) The "bodily injury" or "property damage" is caused by sale, gift, distribution or use of alcoholic beverage
en "occurrence" that takes place in the "coverage
territory"; and This exclusion applies only if you are in the business
of manufacturing, distributing, selling, serving or
(2) The "bodily injury" or "property damage" occurs during furnishing alcoholic beverages.
the policy period.
d. Any obligation of the insured under a workers'
c. Damages because of "bodily injury" include damages compensation, disability benefits or unemployment
claimed by any person or organization for care, loss of compensation law or any similar law.
services or death resulting at any time from the "bodily
injury". e. "Bodily injury" to:
2. Exclusions. (1) An employee of the insured arising out of and in the
course of employment by the insured; or
This insurance does not apply to:
(2) The spouse, child, parent, brother or sister of that
a. "Bodily injury" or "property damage" expected or intended employee as a consequence of (1) above.
from the standpoint of the insured.
This exclusion applies:
(1) Whether the insured may be liable as an employer or
in any other capacity; and
CG 00 01 11 88 Page 1 of 9
(2) To any obligation to share damages with or repay some- g. "Bodily injury" or "property damage" arising out of the
one else who must pay damages because of the injury, ownership, maintenance, use or entrustment to others of
any aircraft, "auto" or watercraft owned or operated by or
This exclusion does not apply to liability assumed by rented or loaned to any insured. Use includes operation and
the insured under an "insured contract". "loading or unloading".
f. (1) "Bodily injury" or "property damage" arising out of This exclusion does not apply to:
the actual, alleged or threatened discharge, dispersal,
seepage, migration, release or escape of pollutants: (1) A watercraft while ashore on premises you own or rent;
(a) At or from any premises, site or location which is (2) A watercraft you do not own that is:
or was at any time owned or occupied by, or rented
or loaned to, any insured; (a) Less than 26 feet long; and
(b) At or from any premises, site or location which (h) Not being used to carry persons or property for a
is or was at any time used by or for any insured or charge;
others for the handling, storage, disposal, proces-
sing or treatment of waste; (3) Parking an "auto" on, or on the ways next to, premises
you own or rent, provided the "auto" is not owned by or
(c) Which are or were at any time transported, handled, rented or loaned to you or the insured;
stored, treated, disposed of, or processed as waste
by or for any insured or any person or organization (4) Liability assumed under any "insured contract" for the
for whom you may be legally responsible; or ownership, maintenance or use of aircraft or watercraft;
or
(d) At or from any premises, site or location on which
any insured or any contractors or subcontractors (5) "Bodily injury" or "property damage" arising out of the
working directly or indirectly on any insured's operation of any of the equipment listed in paragraph
behalf are performing operations: f.(2) or f.(3) of the definition of "mobile equipment"
(Section V.8.).
(i) if the pollutants are brought on or to the
premises, site or location in connection with h. "Bodily injury" or "property damage" arising out of:
such operations by such insured, contractor or
subcontractor; or (1) The transportation of "mobile equipment" by an "auto"
owned or operated by or rented or loaned to any insured;
(Ii) if the operations are to test for, monitor, or
clean up, remove, contain, treat, detoxify
or neutralize, or in any way respond to, or (2) The use of "mobile equipment" in, or while in practice
assess the effects of pollutants. or preparation for, a prearranged racing, speed or
demolition contest or in any stunting activity.
Subparagraph (a) and (d) (i) do not apply to "bodily
injury" or "property damage" arising out of heat, smoke i. "Bodily injury" or "property damage" due to war, whether
or fumes from a hostile fire, or not declared, or any act or condition incident to war.
War includes civil war, insurrection, rebellion or
As used in this exclusion, a hostile fire means one which revolution. This exclusion applies only to liability assumed
becomes uncontrollable or breaks out from where it was under a contract or agreement.
intended to be.
j. "Property damage" to:
(2) Any loss, cost or expense arising out of any:
(1) Property you own, rent or occupy;
(a) Request, demand or order that any insured or others test
for, monitor, clean up, remove, contain, treat, detoxify (2) Premises you sell, give away or abandon, if the
or neutralize, or in any we)/ respond to, or assess the "property damage" arises out of any part of those
effects of pollutants; or premises;
(b) Claim or suit by or on behalf of a governmental authority (3) Property loaned to you;
for damages because of testing for, monitoring, cleaning
up, removing, containing, treating, detoxifying or neu- (4) Personal property in the care, custody or control of
tralizing, or in any way responding to, or assessing the the insured;
effects of pollutants.
(5) That particular part of real property on which you or
Pollutants means any solid, liquid, gaseous or thermal any contractors or subcontractors working directly or
irritant or contaminant, including smoke, vapor, soot, indirectly on your behalf are performing operations, if
fumes, acids, alkalis, chemicals and waste. Waste includes the "property damage" arises out of those operations;
materials to be recycled, reconditioned or reclaimed, or
CG 00 01 11 88 Page 2 of 9
-(6) That particular part of any property that must be We will have the right and duty to defend any "suit"
restored, repaired or replaced because "your work" was seeking those damages. We may at our discretion
incorrectly performed on it. investigate any "occurrence" or offense and settle any
claim or "suit" that may result. But:
Paragraph (2) of this exclusion does not apply if the
premises are "your work" and were never occupied, rented (1) The amount we will pay for damages is limited as
or held for rental by you, described in LIMITS OF INSURANCE (SECTION III); and
Paragraphs (3), (4), (5) and (6) of this exclusion do not (2) Our right and duty to defend end when we have used up
apply to liability assumed under a sidetrack agreement, the applicable limit of insurance in the payment of
judgments or settlements under Coverage A or B or medi
Paragraph (6) of this exclusion does not apply to "property cal expenses under Coverage C.
damage" included in the "products-completed operations
hazard". No other obligation or liability to pay sums or perform eel
or services is covered unless explicitly provided for uncle!
k. "Property damage" to "your product" arising out of it or SUPPLEMENTARY PAYMENTS - COVERAGES A AND B.
any part of it.
b. This insurance applies to:
I. "Property damage" to "your work" arising out of it or any
part of it and included in the "products-completed operations (1) "Personal injury" caused by an offense arising out of
hazard", your business, excluding advertising, publishing,
broadcasting or telecasting done by or for you;
This exclusion does not apply if the damaged work or the
work out of which the damage arises was performed on your (2) "Advertising injury" caused by an offense committed
behalf by a subcontractor, in the course of advertising your goods, products or
services;
m. "Property damage" to "impaired property" or property that
has not been physically injured, arising out of: but only if the offense was committed in the "coverage
territory" during the policy period.
(1) A defect, deficiency, inadequacy or dangerous condition
in "your product" or "your work"; or 2, Exclusions.
(2) A delay or failure by you or anyone acting on your This insurance does not apply to:
behalf to perform a contract or agreement in accordance
with its terms. a. "Personal injury" or "advertising injury":
This exclusion does not apply to the loss of use of other (1) Arising out of oral or written publication of
property arising out of sudden and accidental physical material, if done by or at the direction of the
injury to "your product" or "your work" after it has been insured with knowledge of its falsity;
put to its intended use.
(2) Arising out of oral or written publication of
n. Damages claimed for any loss, cost or expense incurred by material whose first publication took place before
you or others for the loss of use, withdrawal, recall, the beginning of the policy period;
inspection, repair, replacement, adjustment, removal or
disposal of: (3) Arising out of the willful violation of a penal
statute or ordinance committed by or with the consent
(1) "Your product"; of the insured; or
(2) "Your work"; or (4) For which the insured has assumed liability in a
contract or agreement. This exclusion does not apply
(3) "Impaired property"; to liability for damages that the insured would have
in the absence of the contract or agreement.
if such product, work or property is withdrawn or recalled
from the market or from use by any person or organization b. "Advertising injury" arising out of:
because of a known or suspected defect, deficiency, inade-
quacy or dangerous condition in it. (1) Breach of contract, other than misappropriation of
advertising ideas under an implied contract;
Exclusions c, through n. do not apply to damage by fire to
premises rented to you. A separate limit of insurance (2) The failure of goods, products or services to conform
applies to this coverage as described in LIMITS OF INSURANCE with advertised quality or performance;
(SECTION III).
(3) The wrong description of the price of goods, products
COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY or services; or
1. Insuring Agreement. (4) An offense committed by an insured whose business is
advertising, broadcasting, publishing or telecasting.
a. We will pay those sums that the insured becomes legally
obligated to pay as damages because of "personal injury" or
"advertising Injury" to which this coverage part applies.
CG 00 01 11 88 Page 3 of 9
COVERAGE C. MEDICAL PAYMENTS
1. Insuring Agreement. SUPPLEMENTARY PAYMENTS - COVERAGES A AND IT
a. We will pay medical expenses as described below for We will pay, with respect to any claim or "suit" we defend:
"bodily injury" caused by an accident:
1. All expenses we incur.
(1) On premises you own or rent;
2. Up to $250 for cost of bail bonds required because of
(2) On ways next to premises you own or rent; or accidents or traffic law violations arising out of the use
of any vehicle to which the Bodily Injury Liability Coverage
(3) Because of your operations; applies. We do not have to furnish these bonds.
provided that: 3. The cost of bonds to release attachments, but only for
bond amounts within the applicable limit of insurance. We do
(1) The accident takes place in the "coverage territory" not have to furnish these bonds.
and during the policy period;
4. All reasonable expenses incurred by the insured at our
(2) The expenses are incurred and reported to us within one request to assist us in the investigation or defense of the
year of the date of the accident; and claim or "suit", including actual loss of earnings up to
$100 a day because of time off from work.
(3) The injured person submits to examination, at our
expense, by physicians of our choice as often as we 5. All costs taxed against the insured in the "suit".
reasonably require.
6. Prejudgment interest awarded against the insured on that
b. We will make these payments regardless of fault. These part of the judgment we pay. If we make an offer to pay the
payments will not exceed the applicable limit of insurance, applicable limit of insurance, we will not pay any
We will, pay reasonable expenses for: prejudgment interest based on that period of time after the
offer.
(1) First aid at the time of en accident;
7. All interest on the full amount of any judgment that
(2) Necessary medical, surgical, x-ray and dental services, accrues after entry of the judgment end before we have paid,
including prosthetic devices; and offered to pay, or deposited in court the part of the
judgment that is within the applicable limit of insurance.
(3) Necessary ambulance, hospital, professional nursing
and funeral services. These payments will not reduce the limits of insurance.
2. Exclusions. SECTION II - WHO IS AN INSURED
We will not pay expenses for "bodily injury": 1. If you are designated in the Declarations as:
a. To any insured, a. An individual, you and your spouse are insureds, but only
with respect to the conduct of a business of which you are
b. To a person hired to do work for or on behalf of any the sole owner.
insured or a tenant of any insured.
b. A partnership or joint venture, you are an insured. Your
c. To a person injured on that part of premises you own or members, your partners, and their spouses are also insureds,
rent that the person normally occupies. but only with respect to the conduct of your business.
d. To a person, whether or not an employee of any insured, c. An organization other than a partnership or joint
if benefits for the "bodily injury" are payable or must be venture, you are an insured. Your executive officers end
provided under a workers' compensation or disability directors are insureds, but only with respect to their
benefits low or a similar law, duties as your officers or directors. Your stockholders are
also insureds, but only with respect to their liability as
e. To a person injured while taking part in athletics, stockholders.
f. Included within the "products-completed operations 2. Each of the following is also an insured:
hazard".
a. Your employees, other than your executive officers, but
g. Excluded under Coverage A. only for acts within the scope of their employment by you.
However, no employee is an insured for:
h. Due to war, whether or not declared, or any act or
condition incident to war. War includes civil war, (1) "Bodily injury" or "personal injury" to you or to a
insurrection, rebellion or revolution, co-employee while in the course of his or her employment,
or the spouse, child, parent, brother or sister of that
co-employee as a consequence of such "bodily injury" or
CG 00 01 11 88 Page 4 of 9
"personal injury", or for any obligation to share damages No person or organization is an insured with respect to the
with or repay someone else who must pay damages because conduct of any current or past partnership or joint venture
of the injury; or that is not shown as a Named Insured in the Declarations.
(2) "Bodily injury" or "personal injury" arising out of his SECTION III - LIMITS OF INSURANCE
or her providing or failing to provide professional health
care services; or 1. The Limits of Insurance shown in the Declarations and th
rules below fix the most we will pay regardless of the
(3) "Property damage" to property owned or occupied by or number of:
rented or loaned to that employee, any of your other
employees, or any of your partners or members (if you are a. Insureds;
a partnership or joint venture).
b. Claims made or "suits" brought; or
b. Any person (other then your employee), or any
organization while acting as your real estate manager. c. Persons or organizations making claims or bringing
"suits".
c. Any person or organization having proper temporary
custody of your property if you die, but only: 2. The General Aggregate Limit is the most we will pay for
the sum of:
(1) With respect to liability arising out of the main-
tenance or use of that property; and a. Medical expenses under Coverage C;
(2) Until your legal representative has been appointed. b. Damages under Coverage A, except damages because of
"bodily injury" or "property damage" included in the
d. Your legal representative if you die, but only with "products-completed operations hazard"; and
respect to duties as such. That representative will have
all your rights and duties under this Coverage Part. c. Damages under Coverage B.
3. With respect to "mobile equipment" registered in your 3. The Products-Completed Operations Aggregate Limit is the
name under any motor vehicle registration law, any person is most we will pay under Coverage A for damages because of
an insured while driving such equipment along a public "bodily injury" and "property damage" included in the
highway with your permission. Any other person or "products-completed operations hazard".
organization responsible for the conduct of such person is
also an insured, but only with respect to liability arising 4. Subject to 2. above, the Personal and Advertising Injury
out of the operation of the equipment, and only if no other Limit is the most we will pay under Coverage B for the sur
insurance of any kind is available to that person or of all damages because of all "personal injury" and ell
organization for this liability. However, no person or "advertising injury" sustained by any one person or
organization is an insured with respect to: organization.
a. "Bodily injury" to a co-employee of the person driving 5. Subject to 2. or 3. above, whichever applies, the Each
the equipment; or Occurrence Limit is the most we will pay for the sum of:
b. "Property damage" to property owned by, rented to, in the a. Damages under Coverage A; and
charge of or occupied by you or the employer of any person
who is an insured under this provision. b. Medical expenses under Coverage C
4. Any organization you newly acquire or form, other than a because of all "bodily injury" and "property damage"
partnership or joint venture, and over which you maintain arising out of any one "occurrence".
ownership or majority interest, will qualify as a Named
Insured if there is no other similar insurance available to 6. Subject to 5. above, the Fire Damage Limit is the most we
that organization. However: will pay under Coverage A for damages because of "property
damage" to premises rented to you arising out of any one
a. Coverage under this provision is afforded only until the fire.
90th day after you acquire or form the organization or
the end of the policy period, whichever is earlier; 7. Subject to 5. above, the Medical Expense Limit is the most
we will pay under Coverage C for all medical expenses be-
b. Coverage A does not apply to "bodily injury" or "property cause of "bodily injury" sustained by any one person.
damage" that occurred before you acquired or formed the
organization; and The limits of this Coverage Pert apply separately to each
consecutive annual period and to any remaining period of
c. Coverage B does not apply to "personal injury" or less than 12 months, starting with the beginning of the policy
"advertising injury" arising out of an offense comnitted period shown in the Declarations, unless the policy period
before you acquired or formed the organization. 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.
CG 00 01 11 88 Page 5 of 9
SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS for damages that are not payable under the terms of this
Coverage Part or that are in excess of the applicable
1. Bankruptcy. limit of insurance. An agreed settlement means a settlement
and release of liability signed by us, the insured and the
Bankruptcy or insolvency of the insured or of the insured's claimant or the claimant's legal representative.
estate will not relieve us of our obligations under this
Coverage Part. 1,. Other Insurance.
2. Duties In The Event Of Occurrence, Claim Or Suit. If other valid and collectible insurance is available to the
insured for a loss we cover under Coverage A or B of this
a. You must see to it that we are notified as soon as Coverage Part, our obligations are limited as follows:
practicable of an "occurrence" or an offense which may
result in a claim. To the extent possible, notice should , n. Primary Insurance
include:
This insurance is primary except when b. below applies. If
(1) How, when and where the "occurrence" or offense took this insurance is primary, our obligations are not affected
place; unless any of the other insurance is also primary. Then, we
will share with all that other insurance by the method
(2) The names and addresses of any injured persons and described in c. below.
witnesses; rind
b. Excess Insurance
(3) The nature and location of any injury or damage
arising out of the "occurrence" or offense. This insurance is excess over any of the other insurance,
whether primary, excess, contingent or on any other basis:
b. If a claim is made or "suit" is brought against any
insured, you must: (1) That is Fire, Extended Coverage, Builder's Risk,
Installation Risk or similar coverage for "your work";
(1) Immediately record the specifics of the claim or
"suit" and the date received; and (2) That is Fire insurance for premises rented to you; or
(2) Notify us as soon as practicable. (3) If the loss arises out of the maintenance or use of
aircraft, "autos" or watercraft to the extent not sub-
You must see to it that we receive written notice of the ject to Exclusion g. of Coverage A (Section I).
claim or "suit" as soon as practicable.
When this insurance is excess, we will have no duty under
c. You and any other involved insured must: Coverage A or B to defend any claim or "suit" that any other
insurer has a duty to defend. If no other' insurer defends,
(1) Immediately send us copies of any demands, notices, we will undertake to do so, but we will be entitled to the
summonses or legal papers received in connection with insured's rights Against all those other insurers.
the claim or "suit";
When this insurance is excess over other insurance, we will
(2) Authorize us to obtain records and other information; pay only our share of the amount of the loss, if any, that
exceeds the sun of:
(3) Cooperate with us in the investigation, settlement or
defense of the claim or "suit"; and (1) The total amount that all such other insurance would pay
for the loss in the absence of this insurance; and
(4) Assist us, upon our request, in the enforcement of any
right against any person or organization which may be (2) The total of all deductible and self-insured amounts
liable to the insured because of injury or damage to under all that other insurance.
which this insurance may also apply.
We will share the remaining loss, if any, with any other
d. No insureds will, except at their own cost, voluntarily insurance that is not described in this Excess Insurance
make a payment, assume any obligation, or incur any provision and was not bought specifically to apply in
expense, other than for first aid, without our consent, excess of the Limits of Insurance shown in the Declarations
of this Coverage Pert.
3. Legal Action Against Us.
c. Method of Sharing
No person or organization has a right under this Coverage
Part: If all of the other insurance permits contribution by equal
shares, we will follow this method also. Under this approach
a. To join us as a party or otherwise bring us into a "suit" each insurer contributes equal amounts until it hes paid its
asking for damages from an insured; or applicable limit of insurance or none of the loss remains,
whichever comes first.
b. To sue us on this Coverage Part unless all of its terms
have been fully complied with. If any of the other insurance does not permit contribution
by equal shares, we will contribute by limits. Under this
A person or organization may sue us to recover on en agreed method, each insurer's share is based on the ratio of its
settlement or on a final judgment against en insured applicable limit of insurance to the total applicable limits
obtained after an actual trial; but we will not be liable of insurance of ell insurers.
CG 00 01 11 88 Page 6 of 9
-, 5. Premium Audit. c. Misappropriation of advertising ideas or style of doing
business; or
a. We will compute all premiums for this Coverage Part in
accordance with our rules and rates. d. Infringement of copyright, title or slogan.
b. Premium shown in this Coverage Part as advance premium is 2. "Auto" means a land motor vehicle, trailer or semitrailer
a deposit premium only. At the close of each audit period designed for travel on public roads, including any attached
we will compute the earned premium for that period. Audit machinery or equipment. But "auto" does not include "mobile
premiums are due and payable on notice to the first Named equipment".
Insured. If the sum of the advance and audit premiums paid
for the policy term is greater than the earned premiums, we 3. "Bodily injury" means bodily injury, sickness or disease
will return the excess to the first Named Insured, sustained by a person, including death resulting from any o
these at any time.
c. The first Named Insured must keep records of the
information we need for premium computation, and send us 4. "Coverage territory" means:
copies at such times as we may request.
a. The United States of America (including its territories
6. Representations. and possessions), Puerto Rico end Canada;
By accepting this policy, you agree: b. International waters or airspace, provided the injury or
damage does not occur in the course of travel or
a. The statements in the Declarations are accurate and transportation to or from any place not included in a.
complete; above; or
b. Those statements are based upon representations you made c. All parts of the world if:
to us; and
(1) The injury or damage arises out of:
c. We have issued this policy in reliance upon your
representations. (a) Goods or products made or sold by you in the
territory described in a. above; or
7. Separation Of Insureds.
(b) The activities of a person whose home is in the
Except with respect to the Limits of Insurance, and any territory described in n above, but is away for
rights or duties specifically assigned in this Coverage Pert short time on your business; and
to the first Named Insured, this insurance applies:
(2) The insured's responsibility to pay damages is
a. As if each Named Insured were the only Named Insured; and determined in a "suit" on the merits, in the territorl
described in a. above or in a settlement we agree to.
b. Separately to each insured against whom claim is made or
"suit" is brought. 5. "Impaired property" means tangible property, other than
"your product" or "your work", that cannot be used or is less
8. Transfer Of Rights Of Recovery Against Others To Us. useful because:
If the insured has rights to recover all or part of any a. It incorporates "your product" or "your work" that is
payment we have made under this Coverage Part, those rights known or thought to be defective, deficient, inadequate or
are transferred to us. The insured must do nothing after dangerous; or
loss to impair them. At our request, the insured will bring
"suit" or transfer those rights to us and help us enforce b. You have failed to fulfill the terms of a contract or
them. agreement;
9. When We Do Not Renew, if such property can be restored to use by:
If we decide not to renew this Coverage Part, we will mail a. The repair, replacement, adjustment or removal of "your
or deliver to the first Named Insured shown in the product" or "your work"; or
Declarations written notice of the nonrenewal not less than
30 days before the expiration date. b. Your fulfilling the terms of the contract or agreement.
If notice is mailed, proof of mailing will be sufficient 6. "Insured contract" means:
proof of notice.
a. A lease of premises;
SECTION V - DEFINITIONS b. A sidetrack agreement;
1. "Advertising injury" means injury arising out of one or c. Any easement or license agreement, except in connection
more of the following offenses: with construction or demolition operations on or within 50
feet of a railroad;
a. Oral or written publication of material that slanders or
libels a person or organization or disparages a person's d. An obligation, as required by ordinance, to indemnify
or organization's goods, products or services; municipality, except in connection with work for a
municipality;
b. Oral or written publication of material that violates a
person's right of privacy; e. An elevator maintenance agreement;
CG 00 01 11 88 Page 7 of 9
f.
That part of any other contract or agreement pertaining e. Vehicles not described in a., b., c. or d. above that are
to your business (including en indemnification of a not self-propelled end are maintained primarily to provide
municipality in connection with work performed for a mobility to permanently attached equipment of the followin,
municipality) under which you assume the tort liability of types:
another party to pay for "bodily injury" or "property
damage" to a third person or organization. Tort liability (1) Air compressors, pumps and generators, including
means a linbility that would be imposed by law in the spraying, welding, building cleaning, geophysical
absence of any contract or agreement. exploration, lighting and well servicing equipment; or
An "insured contract" does not include that part of any (2) Cherry pickers and similar devices used to raise or
contract or agreement: lower workers;
a. That indemnifies any person or organization for "bodily f. Vehicles not described in a., b., c. or d. above
injury" or "property damage" arising out of construction or maintained primarily for purposes other than the
demolition operations, within 50 feet of any railroad transportation of persons or cargo.
property and affecting any railroad bridge or trestle,
tracks, road-beds, tunnel, underpass or crossing; However, self-propelled vehicles with the following types
of permanently attached equipment are not "mobile equip-
b. That indemnifies an architect, engineer or surveyor for merit" but will be considered "autos":
injury or damage arising out of:
(1) Equipment designed primarily for:
(1) Preparing, approving or failing to prepare or approve
maps, drawings, opinions, reports, surveys, change (a) Snow removal;
orders, designs or specifications; or
(h) Road maintenance, but not construction or resur-
(2) Giving directions or instructions, or failing to give facing;
them, if that is the primary cause of the injury or
damage; (c) Street cleaning;
c. Under which the insured, if an architect, engineer or (2) Cherry pickers and similar devices mounted on auto-
surveyor, assumes liability for an injury or damage arising mobile or truck chassis and used to raise or lower
out of the insured's rendering or failure to render workers; and
professional services, including those listed in b. above
end supervisory, inspection or engineering services; or (3) Air compressors, pumps and generators, including
spraying, welding, building cleaning, geophysical
d. That indemnifies any person or organization for damage by exploration, lighting and well servicing equipment.
fire to premises rented or loaned to you.
9. "Occurrence" means an accident, including continuous or
7. "Loading or unloading" means the handling of property: repeated exposure to substantially the same general harmful
conditions.
a. After it is moved from the place where it is accepted for
movement into or onto an aircraft, watercraft or "auto"; 10. "Personal injury" means injury, other than "bodily injury",
arising out of one or more of the following offenses:
b. While it is in or on an aircraft, watercraft or "auto";
or a. False arrest, detention or imprisonment;
c. While it is being moved from an aircraft, watercraft or b. Malicious prosecution;
"auto" to the place where it is finally delivered;
c. The wrongful eviction from, wrongful entry into, or
but "loading or unloading" does not include the movement of invasion of the right of private occupancy of a room,
property by means of a mechanical device, other then a hand dwelling or premises that a person occupies by or on behalf
truck, that is not attached to the aircraft, watercraft or of its owner, landlord or lessor;
"auto".
d. Oral or written publication of material that slanders or
8. "Mobile equipment" means any of the following types of libels a person or organization or disparages a person's or
land vehicles, including any attached machinery or equipment: organization's goods, products or services; or
a. Rulldozers, farm machinery, forklifts and other vehicles e. Oral or written publication of material that violates a
designed for use principally off public roads; person's right of privacy.
b. Vehicles maintained for use solely on or next to premises 11. a. "Products-completed operations hazard" includes all
you own or rent; "bodily injury" end "property damage" occurring away from
premises you own or rent and arising out of "your product"
c. Vehicles that travel on crawler treads; or "your work" except:
d. Vehicles, whether self-propelled or not, maintained (1) Products that are still in your physical possession; or
primarily to provide mobility to permanently mounted:
(2) Work that has not yet been completed or abandoned.
(1) Power cranes, shovels, loaders, diggers or drills; or
h. "Your work" will be deemed completed at the earliest of
(2) Road construction or resurfacing equipment such as the following times:
graders, scrapers or rollers;
CO 00 01 11 88 Page 8 of 9
A____.---w.A,AARARAAAANAAEAAAAAAmm
(1) When all of the work called for in your contract has b. Any other alternative dispute resolution proceeding in
been completed. which such damages are claimed and to which you submit
with our consent.
(2) When all of the work to be done at the site has been
completed if your contract calls for work at more than 14. "Your product" means:
one site.
a. Any goods or products, other than real property,
(3) When that part of the work done at a job site has been manufactured, sold, handled, distributed or disposed of
put to its intended use by any person or organization by:
other then another contractor or subcontractor working
on the same project. (1) You;
Work that may need service, maintenance, correction, repair (2) Others trading under your name; or
or replacement, but which is otherwise complete, will be
treated as completed. (3) A person or organization whose business or assets yc
have acquired; and
c. This hazard does not include "bodily injury" or "property
damage" arising out of: b. Containers (other than vehicles), materials, parts or
equipment furnished in connection with such goods or
(1) The transportation of property, unless the injury or products.
damage arises out of a condition in or on a vehicle
created by the "loading or unloading" of it; "Your product" includes:
(2) The existence of tools, uninstalled equipment or a. Warranties or representations made at any time with
abandoned or unused materials; respect to the fitness, quality, durability, performance
or use of "your product"; and
(3) Products or operations for which the classification in
this Coverage Pert or in our manual of rules includes b. The providing of or failure to provide warnings or
products or completed operations. instructions.
12. "Property damage" means: "Your product" does not include vending machines or other
property rented to or located for the use of others but not
a. Physical injury to tangible property, including ell sold.
resulting loss of use of that property. Al( such loss of
use shall be deemed to occur at the time of the physical 15. "Your work" means:
injury that caused it; or
a. Work or operations performed by you or on your behalf;
b. Loss of use of tangible property that is not physically and
injured. All such loss shell be deemed to occur at the
time of the "occurrence" that caused it. b. Materials, parts or equipment furnished in connection
with such work or operations.
13. "Suit" means a civil proceeding in which damages because
of "bodily injury", "property damage", "personal injury" or "Your work" includes:
"advertising injury" to which this insurance applies are
alleged. "Suit" includes: a. Warranties or representations made at any time with
respect to fitness, quality, durability, performance
a. An arbitration proceeding in which such damages are or use of "your work"; and
claimed end to which you must submit or do submit with
our consent; or h. The providing of or failure to provide warnings or
instructions.
CG 00 01 11 88 Page 9 of 9
Recoroau •.__
San Bernardino, Errol J. Mackzum, Recorder
RECORDINta REQUESTED BY No Fee
AND WHEN RECORDED MAIL TO
Doc No . 19970131024
E 2 : 24pm 04/ 15/97
CITY CLERK
CITY OF REDLANDS
36 CAJON STREET 205 30037978 03 11
P 0 BOX 3005 FEfr - 1 ' 1 31 11 7 r- 1 7 9 n 0 El
APF GRAS PH CPY CRT CPY ADD NM' PEN PR PCOR
L REDLANDS CA 92373
02 19'
5 6_ r
NON ST LN SVT C1T-CO TRANS TAX DA CHRG EXAM
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, this notice must be filed within 10 days after completion of work.
Notice is hereby given that
1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:
2. The full name of the owner is: CITY OF REDLANDS
3. The full address of the owner is: 35 CAJON STREET, P 0 BOX 3005
REDLANDS CA 92373
4. The nature of the Interest or estate of the owner Is; In fee.
5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are:
NOT APPLICABLE
6. A work of Improvement on the property hereinafter described was completed on April 9, 1997. The work done was:
CDBG Curb and Gutter Project, Contract No. 23-6815-2960.
7. The name of the contractor for such work of improvement was: Contreras Construction Company
53616 AVEIFlUE)45 Indio CA 92201 October 15, 1996
peke of Common
5. The property on which said work of improvement was completed Is In the city of Redlands,County of San Bernardino,State of California,
and is described as follows: See Attachment "A"
9. The street address of said property Is: Not Applicable
Dated: April 10, 1997
Conned Ackninietradcci Engineer,Pubic • • Cly o Reelande
VERIFICATION
I, the undersigned, say I am the Public Works Director of the declarant of the foregoing Notice of Completion, and have read said Notice of
Completion and know the contents thereof, the same is true of my own knowledge.
I declare under penalty of perjury that the foregoing is true and correct
Executed on April 10, 1997,at Redlands, California.
Public Werke Director,Public Worts Department City ot Reamer*
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