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HomeMy WebLinkAboutPSOMAS INC. 3C - 2011/?? mrn / 0n??..? 6U L? INBUMNU bN FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES CLERK OF COUNCIL DATE: MAY 1 9 211 THIRD AMENDMENT TO AGREEMENT THIS THIRD AMENDMENT TO AGREEMENT is entered into on April 18, 2011, by and between Psomas, Inc., a California corporation ("Consultant') and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of th St t f C lif i "Ci " e a e o a orn a ( ty ). RECITALS: Q ° A. The City and Psomas entered into that certain Agreement A-2006-178, dated July 17, 2006, (hereinafter "said Agreement") by which Consultant has provided water and sewer engineering services. B. By Amendment dated November 17, 2008 and Second Amendment dated February 1, 2010, the parties agreed to add compensation to provide for the continuation of services. C. In accordance with the terms and conditions of said Agreement, the parties wish to again increase available compensation to allow continued provision of services by Consultant. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Third Amendment to Agreement, the parties agree as follows: 1. Section 3, COMPENSATION, shall be amended to increase compensation by $200,000.00, to pay for additional services, as set forth in Exhibit A to said Agreement. The total amount available for services shall not exceed $900,000.00. 2. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to Agreement on the date and year first written above. ATTEST: 'IE) .07-? Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: oseph Straka, Interim C y Attorney C MENDED FOR APPROVAL r- Raul Godinez, Executive Direc o - PWA CITY OF SANTA ANA DAVID N. REAM City Manager PSOMAS, INC. YLE RE (iVice eesident A-2011-108 AAE7F7 AI?ItiT1rRA ATP- AI's ¦ ¦AMIV ET\/ ELEf!-%I INS ALI PAC DATE PW)DWM A RD. CERTIFICATE OF LIABILITY INSURANCE 018/PIVIAXYM 2010 PRODUCER THIS CEFtnF1CATE IS ISSUED AS A MATTER OF INFORMATION _ ealey, Renton & Associates ONLY AND CONFERS NO FUGNTS UPON THE CERTIFICATE ' Box 10550 P O AMEND, EXTEND OR HOLDER. THIS CERTIFICATE DOES NOT . . ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Santa Ana CA 92711-0550 INSURERS AFFORDING COVERAGE NMUREO .. . NwRmA 7grich American, Ina. C12. PSONAS rullR?a Zurich ' 555 South Flower Street, Suite 4400 - ?e E Los Angeles CA 90071 " alSlatERIX CO NSURERE: rnvooer_ee THE _ POLICIES OF INSURANCE LISTED BELOW HAVE BRAN ISSUeD TO THE INSURED WAM® ABOVE FOR THE POL3CY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TM OB CONDITION OF ANY CONTRACT OR OTHER DOCUKENT WITH RESPECT TO WHICH ISIS CERTIFICATE WAY ER ISSUED OR NAY PERTAIN, TER INSURANCE AFFORDED BY THE POLICIES DESCRIBED SNREIS IS SUBJBCT TO ALL THE ERNS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIRS. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLADLS. POLICY /PPEC4LYE POUCYavRU N FaR ' TYPE Oi WlURANC! POUC1 MUMSlR GIa 4PALLwRm L0916014503 - 10/15/2010 10/15/2011 EACM OCCURRENCE $1,000,000 COIMERCUL GMERAL LIABILRY FREDAMAGE b CLAW MADE ® OCCUR - LSEDffI0Pv#vawP*AnI $10,000 Y el - PER6011ALaATNf4AEN $1,000-000 GSWRAL AGGREGATE S2 GUA AGGREGATE LQaT APPLIES PER PRocLIcIs.ccWP/ PAOO f PGLICI' - AU MIIOBLELIABAM BAP916015203 10/15/ 0/15/2011 lENCtEUar 81' 000 000 ANYAUrG , , ?t0 ALLONNDAUMS - A BODILY MIURY .. S. SCMEDULEDAUTOG 'vQD (Pftp ?) . RR®AUIOR a O aTV ? • QMI ? f NONORMNIMMs F '?}Ge ?' I I I . 0DSa TS 1 PRpP W f NI l dd ." (A, e GARAGE UAWLNY AS AITfOONLY.EAACC0 4 f ANY AUTO - OTWERUW4 EAAOC M f F av I' D Exceu LLIMLM SEO655511101 10/15/2010 10/15/2011 EACKGCaRRENO 11 0 00 OCGM ?CLVMIL4Y1' AGOREfiATE Profesnional. I DEDUCn E I . RETENTION ROMmAcOWWAATMARO C916014203 10/15/2010 10/15/2011 we tr ' EtPLOFFAPLOWLIF' EL EACH ACpOERT t1 000, 000 EC DISEASE. G EL DISEASE - POUCY NT s C 023638381002 10/15/2010 10/15/2011 Per Claim 4 , , or.'asiocal. Liability 00 000 1 P s Made aF.SCRIP1L01L ar OP91A1WNaA0G71gBAIFItlflEalBtQWklNf AoOaD EY d00RaEMEMOSPRCML MOYI®MS al Liability policy excludes claim axiaing cut of the parformanoG of pro Eessio l serFices. n/ependcnt Ccntzacters Included. - RS: Off-CALL ENGINEERING DESIGN SERVICES FOR WATRR a SEWER MAIN REFLACHHENT PROJECTS, DBSI =3 8534-101-00. CITY OF SANTA ANA ITS OFFICERS EMPLOYEES AGENTS VOLUNTEERS 4 REPRESENTATIVES ARE NAMED AS AWL INSOS A PALFREY CLAUSE APPLIES Dff GEN LIAB_POLICY•SRS .AT774CRLTB ENMESHMENT-.."_____..._____...".... CITY OF SANTA ARA;PUBLIC WORKS AGENCY, MATER RESOURCES DIY CESAR H BARRERA;220 S DAISY AVE (M-85) Santa Ana CA 92703 MD ANY OF THE ABOVE DESCRIBED POLICIRS EE CANCELL® >l8 THE EXPIRATION DATE THEREOF, THE ISSUINU INSURER ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE TFICATE HOLDER ®UNED To TUB LAT. BUT FAILTHIR TO DO SO L 171POSE NO DELIGATLON OR LIABILrTY OF ANY I= UPON INSORRR, ITS AGENTS OR REPRESENTATIVES. . 25-S 17MM ACORO CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YY) ,M 1 11 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton ? Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. O. Box 10550 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Santa Ana CA 92 711-05 5 0 ?l .-?_ ?. A R THE COVERAGE AFFORDED BY THE POLICIES BELOW. Ur 1. [c, J INSURERS AFFORDING COVERAGE INSURED T?J (^- Q C '' ?, x`?? ?'?? IN :ACE American Insurance Com an PSOMAS i l . . ,. 555 S h Fl ?+ r ? L ? ? ??' ) ? RB: Travelers Pro ert Casualty Co o£ Ameri out ower Street, Suite mi 440 O C ... .. LOS Angeles CA 90071 INSURER C: INSURER D: INSURER E: COVERCGFS HE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN YSSUEDTO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED- OTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS ERTZFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE ERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR rypE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS B GENERAL LIABILITY 630265M676A 10/15/2011 10/15/2012 EACH OCCURRENCE $1 000 000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any pna Flre) _ $1 O O O O O O CLAIMS MADE ? OCCUR MED EXP (Any one parson) $ 1 Q Q 0 0 X OntraCtUal PERSONAL SADV INJURY 00 000 $1 0 _ X BFPD XCU GENERAL AGGREGATE $ l7 n O (? O O GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $2 O O O O O O POLICY X PRO- LOC B AUT OMOBILE LIABILITY 810265M676A 10/15/2011 10/15/2012 X ANV AUTO Ee aBCCitleDt SINGLE LIMIT $1 , 0 0 0 , O O O ALL OWNED AUTOS a0 OILY INJURY $ SCHEDULED AUTOS ,/ _ '. ..1 _ ?? Person) t,? i. y >y ' ,.. ? -. X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS t ? (Per accitlent) ? / ,_ PROPERTY DAMAGE $ / . L. ?,?Lly (Per accitlent) GARAGE LIABILITY ?.?15 LF 'I i. C it Fi LLO L']C ?' Y AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC __ S AUTO ONLY: AGG __ _ $ B EXCESS LIABILITY EX265M676A 10/15/2011 10/15/2012 EACH OCCURRENCE $1 000 OOO X OCCUR ? ClA1M5 MADE AGGREGATE $1 _QQ O Professional $ DEDUCTIBLE Liabilit is __ $ RETENTION $ _ $ B WORKERS COMPENSATION AND ' UB 6A5 2 6 6 4 3 10 / 15 / 2 0 11 1 0 / 15 / 2 0 12 X We sTAru- X orH- EMPLOYERS LIABILITY E.L. EACH ACCIDENT $1 OOO 000 E.L. DISEASE - EA EMPLOYEE $1 O O O 0 0 0 E.L. DISEASE -POLICY LIMIT $1 O O O O O A OTHER 623638381003 10/15/2011 10/15/2012 Per Claim $1,000,000 Professional Liabilit y Annual Aggregate $1,000,000 Claims Made DESCRIPTION OF OPERATIONS/LOGATIONSNEHIGLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS eneral Liability policy excludes claims arising out o£ the performance of professional services- Independent Contractors Included as respects to General Liability 2SOU410108 2SAN410107 RE: ON-CALL ENGINEERING DESIGN SERVICES FOR WATER F SEWER MASN REPLACEMENT PROJECTS, DHEI JOH 534-101-00. CITY OF SANTA ANA ITS OFFICERS EMPLOYEES AGENTS VOLUNTEERS S? REPRESENTATIVES ARE NAMED AS ADDL INSDS & RIMARY CLAUSE APPLIES ON GEN LIAB POLICY-SEE ATTACHED ENDORSEMENT VGR I Irl VI1l C IIVLLICR AUUITIONAL INSURED; INSURER LETTER: VAN{.,.CLLR I IVIV 21 £ HOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED EFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER '? CITY OF SANTA ANA; PUBLIC WORKS AGENCY, ILL ENDEAVOR TO MAIL 30 DAYS WRSTTEN NOTICE TO THE WATER RESOURCES DIV ERTIFICATE HOLDER NAMED TO THE LEFT, BUT FASLURE TO DO SO CESAR E BARRERA; 220 S DAISY AVE (M-85) HALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON Santa Ana CA 92703 HE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATI ACORD 25S (7/97) O ACORD CORPORATION '1988 COMMERCIAL GENERAL LIABILITY 630265M676A THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED -WRITTEN CONTRACTS (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1_ The following is added to SECTION 11 -WHO ?S AN INSURED: Any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Coverage Part, but: a. Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b. If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. The insurance provided to such additional insured is limited as follows: c. In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written .contract requiring insurance", the in- surance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance". This endorsement shall not increase the limits of insurance described in Section Ili -Limits Oflnsurance. d. This insurance does not apply to the render- ing of or failure to render any "professional services" or construction management errors or omissions. plies only to such "bodily injury" or "property damage" that occurs before the end of the pe- riod of time for which the "written contract re- quiring insurance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 2, The foliowing is added to Paragraph 4_a_ of SEC- TION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS: The insurance provided to the additional insured is excess over any valid and collectible "other in- surance", whether primary, excess, contingent or on any other basis, that is available to the addi- tional insured for a loss we cover. However, "rf you specifically agree in the "written contract requiring insurance" that this insurance provided to the ad- ditional insured under this Coverage Part must apply on a primary basis or a primary and non- contributory basis, this insurance is primary to "other insurance" available to the additional in- sured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance". But this insur- ance provided to the additional insured still is ex- cess over any valid and collectible "other insur- ance", whether primary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional insured under any "other insurance". 3. The following is added to SECTION IV - COM- MERCIAL GENERAL LIABILITY CONDITIONS: Duties Of An Additional Insured e. This insurance does not apply to "bodily in- As a condition of coverage provided to the addi- jury" or "property damage" caused by "your tionat insured: work" and included in the "products- completed operations hazard" unless the a_ The additional insured must give us written "written contract requiring insurance" specifi- notice as soon as practicable of an "occur- cally requires you to provide such coverage rents" or an offense which may result in a for that additional insured, and then the inuu- claim. To the extent possible, such notice once provided to the additional insured ap- should include: CG D4 14 04 OS ®2008 The Travelers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY i. How, when and where the "occurrence" or offense took place; ii. The names and addresses of any injured persons and witnesses: and iii. The nature and location of any injury or damage arising out of the "occurrence" or offense. If a claim is made or "suit" is brought against the additional insured, the additional insured must_ i_ Immediately record the specifics of the claim or "suit" and the date received; and ii. Nofify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suif" as soon as practicable. c. The additional insured must immediately send us copies of all legal papers received in con- nection with the Gaim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and oth- erwise comply with aN policy conditions. d. The additiona[ insured must tender the de- fense and indemnity of any claim or "suit" to any provider of other insurance which would cover the additional insured for a loss we cover. However, this condition does not affect whether this insurance provided to the addi- tional insured is primary to that other insur- ance available to the additional insured which covers that person or organization as a named insured. 4. The following is added to the DEFINITIONS Sec- tion: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or or- ganization as an additional insured on this Cover- age Part, provided that the "bodily injury" and "property damage" occurs and the "personal in- jury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period &?'; Page 2 of 2 &9 2008 The Travelers Companies, Inc. CG D4 14 04 08 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 630265M676A ISSUE DATE: 10/15/2011-12 THiS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifiies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Name of Person or Organization: SCHEDULE AS REQUIRED BY WRITTEN CONTRACT (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV- COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- compteted operations hazards." This waiver applies only to the person or organization shown in fhe Schedule above. CG 24 04 10 93 Copyright, insurance Services Office, Inc., 1992 Page 1 of 1 TRAVELERS?~ WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 ( A) - POLlCY NUMBER: UB6A526643 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an Injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule_ The additional premium for this endorsement shall be °10 of fhe Caiitornia workers' compensation pre- mium_ Schedule Person or Organization .fob Description FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THFS WAIVER This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is Issued subsequent to preparation of the poiicy.) Endorsement Effective 'I 0/'15/20'11 Poticy No_ UB6A526643 Endorsement No. Insured Psomas _ ..Premium Insurance Company Countersigned by DATE OF ISSLE: '10/75/11-12 ST ASSIGN: Pages ? of ? COMMERCIAL AUTO 810265M676A THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. GENERAL DESCRIPTION OF COVERAGE -This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS -INCREASED LIMITS F. HIRED AUTO - LIMITED WORLDWIDE COVERAGE -INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE -GLASS H. HIRED AUTO PHYSICAL DAMAGE -LOSS OF USE -INCREASED LIMIT I. PHYSICAL DAMAGE - TRANSPORTATION EXPENSES -INCREASED LIMIT J. PERSONAL EFFECTS K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II - LIABILITY COV- ERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier. B. 6LANKET ADDITIONAL INSURED The following is added to Paragraph c. in A.1., Who Is An Insured, of SECTION II -LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Liability Cover- age, but only for damages to which this insurance applies and only to the extent that person or or- ganization qualifies as an "insured" under the Who is An Insured provision contained in Section I. C. EMPLOYEE HIRED AUTO The following is added to Paragraph A.1 _, Who Is An Insured, of SECTION 11 - LI- ABILITY COVERAGE: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. CA T3 53 03 1 O ®20'10 The Travelers Indemnity Company. Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc_ with its permission. COMMERCIAL AUTO 2. The following replaces Paragraph b. in B.S., within such country or jurisdiction, for Liability Other Insurance, of SECTION IV - BUST- Coverage for any covered "auto" that you NESS AUTO CONDITIONS: lease, hire, rent or barrow without a driver for b. For Hired Auto Physical Damage Cover- a period of 30 days or less and that is not an age, the following are deemed to be cov- "auto" you lease, hire, rent or borrow from ered "autos" you own: any of your "employees", partners (if you are (1) Any covered "auto" you lease hire a partnership), members (if you are a limited , , liability company) or members of their house- rent or borrow; and holds. (2} Any covered "auto" hired or rented by " " (a) With respect to any claim made or "suit" your employee under a contract in " ' brought outside the United States of that individual employee s" name, America, the territories and possessions with your permission, while perform- of the United States of America Puerto ing duties related to the conduct of , Rico and Canada: your business. " " (i) You must arrange io defend the "in- However, any auto that is leased, hired, sured" against, and investigate or set- rented or borrowed with a driver is not a " " tie any such claim or "suit" and keep covered auto _ us advised of all proceedings and ac- D. EMPLOYEES AS INSURED tions. The following is added to Paragraph A.1 ., Who Is (ii) Neither you nor any other involved An Insured, of SECTION 11 - LIABILITY COV- "insured" will make any settlement ERAGE: without our consent. Any "employee" of yours is an "insured" while us- ing acovered "auto" you don't own, hire or borrow in your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS -INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2j, of SECTION li -LIABILITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2_a_(4), of SECTION 11 -LIABILITY COVERAGE: (4) AI! reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. F. HIRED AUTO - LIMITED WORLDWIDE COV- ERAGE -INDEMNITY BASIS The following replaces Subparagraph (5) in Para- graph B.7., Policy Period, Coverage Territory, of SECTION IV - BUSINESS. AUTO CONDI- TIONS: (5) Anywhere in the world, except any country or jurisdiction while any trade sanction, em- bargo, or similar regulation imposed by the United Slates of America applies to and pro- hibits the transaction of business with or (Ili) We may, at our discretion, participate in defending the "insured" against, or in the settlement of, any claim or "suit". (iv) We will reimburse the "insured" for sums that the "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, that the "in- sured" pays with our consent, but only up to the limit described in Para- graph C., Limit Of Insurance, of SEC- TION II -LIABILITY COVERAGE- (v) We will reimburse the "insured" for the reasonable expenses incurred with our consent for your investiga- tion of such claims and your defense of the "insured" against any such "suit", but only up to and included within the limit described in Para- graph C., Limit Of Insurance, of SECTION II - LIABILITY COVER- AGE, and not in addition to such limit. Our duty to make such payments ends when we have used up the ap- plicable limit of insurance in pay- ments for damages, settlements or defense expenses. (b) This insurance is excess over any valid and collectible other insurance available Page 2 of 4 ®201 O The Travelers Indemnity Company. CA T3 53 03 1 O Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO G H. to the "insured" whether primary, excess contingent or on any other basis. (c) This insurance is not a substitute for re- quired or compulsory insurance in any country outside the United States, its ter- ritories and possessions, Puerto Rico and Canada. You agree to maintain all required or compulsory insurance in any such coun- try up to the minimum limits required by local law_ Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements. (d) It is understood that we are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Can- ada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance. WAIVER OF DEDUCTIBLE -GLASS The following is added to Paragraph D., Deducti- ble, of SECTION Ill - PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. HIRED AUTO PHYSICAL DAMAGE -LOSS OF USE -INCREASED LIMIT The following replaces the last sentence of Para- graph A.4.b., Loss Of Use Expenses, of SEC- TION ill -PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident". PHYSICAL DAMAGE - TRANSPORTATION EXPENSES -INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION Hl - PHYSICAL DAMAGE COVER- AG E: We will pay up to $50 per day to a maximum of $'1 ,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. J. PERSONAL EFFECTS The following is added to Paragraph A.4., Cover- age Extensions, of SECTION III - PHYSICAL DAMAGE COVERAGE: Personal Effects We will pay up to $400 for "loss" to wearing ap- parel and other personal effects which are: (t) Owned by an "insured"; and (2) In or on your covered "auto". This coverage applies only in the event of a total theft of your covered "auto". No deductibles apply to this Personal Effects coverage. K. AIRBAGS The following is added to Paragraph 6.3., Exclu- sions, of SECTION 111 - PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "foss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.'I_b. and A.'I.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $'1,000 for any one "lass"_ L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV -BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representa- tive prompt notice of the "accident" or "loss" ap- plies only when the "accident" or "loss" is known to: (a) You (if you are an individual); (b) A partner (if you are a partnership); (c) A member (if you area limited liability com- pany); (d) An executive officer, director or insurance manager (if you are a corporation or other or- ganization); or (e) Any "employee" authorized by you to give no- tice of the "accident" or "loss". CA T3 53 03 1 O ©200 The Travelers Indemnity Company. Page 3 of 4 Indudes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.S., Transfer Of Rights Of Recovery Against Others To Us, of SECTION N - BUSINESS AUTO CONDI- T10NS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract signed and executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. N. UNINTENTIONAL ERRORS OR OMISSIONS The following is added to Paragraph B.2., Con- cealrrtent, Misrepresentation, Or Fraud, of SECTION IV -BUSINESS AUTO CONDITIONS: The unintentional omission of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance. How- ever this provision does not affect our right to col- lect additional premium or exercise our right of cancellation or non-renewal. Page 4 of 4 ®201 O The Travelers Indemnity Company. CA T3 53 03 1 O Includes copyrighted material of Insurance Services Office, Inc. with Its permission. ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YY) ? 10/8/2012 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. 0. Box 10550 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Santa Ana CA 92711-0550 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED INSURERA:ACE American Insurance Company PSOMAS INSURER B: Travelers Property Casualty Cc of Ameri 555 South Flower Street, Suite 4400 LOS An eles CA 90071 INSURER C: g INSURER D: INSURER E: COVERAGES HE 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 HE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN LTR SR TYPE OF INSURANCE POLICY NUMBER POLICY EFFEDIDIYYI CTIVE POLICY EXPIRATION LIMITS B GENERAL LIABILITY 630265M676A 10/15/2012 10/15/2013 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY _ FIRE DAMAGE (Any one fire) $1,000,000 CLAIMS MADE Fx 1OCCUR MED EXP (Any one person) $10,000 X Contractual PERSONAL & ADV INJURY $1,000,000 X BFPD, XCU GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2,000,000 POLICY }{ PjFCT RO- LOC ] E7 B AUT OMOBILE LIABILITY 810 2 6 5M6 7 6A 10/15/2012 10/15/2013 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $1,000,000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS U FORM (Per person) $ X HIRED AUTOS ? BODILY INJURY $ X NON-OWNED AUTOS (Per accident) ` - -" . .. .... a ?( Sh e y PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY • - ' ? I .V At Orney AUTO ONLY - EA ACCIDENT $ ANY AUTO EA ACC OTHER THAN $ AUTO ONLY: AGG $ B EXCESS LIABILITY EX265M676A 10/15/2012 10/15/2013 EACH OCCURRENCE $1,000,000 X OCCUR F] CLAIMS MADE AGGREGATE $1,000,000 Professional $ DEDUCTIBLE Liability is $ RETENTION $ EX 1 $ B WORKERS COMPENSATION AND UB 6A5 2 6 6 4 3 10/15/2012 10/15/2013 STATU- LIMIT OTH- I TORY WC X EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1 000 000 E.L. DISEASE - POLICY LIMIT $1,000,000 A OTHER G23638381004 10/15/2012 10/15/2013 Per Claim $1,000,000 Professional Liability Annual Aggregate $1,000,000 Claims Made DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS eneral Liability policy excludes claims arising out of the performance of professional services. Independent Contractors Included as respects to General Liability 2SOU410108 2SAN410107 RE: ON-CALL ENGINEERING DESIGN SERVICES FOR WATER & SEWER MAIN REPLACEMENT PROJECTS, DBEI JOB #S34-101-00. CITY OF SANTA ANA ITS OFFICERS EMPLOYEES AGENTS VOLUNTEERS & REPRESENTA'T'IVES ARE NAMED AS ADDL INSDS & PRIMARY CLAUSE APPLIES ON GEN LIAB POLICY-SEE ATTACHED ENDORSEMENT a -I Irl6r rc nvLUGR I I AUDI I IUNAL INSURED; INSURER LETTER: I.AF4k rLLAI IUNl n nnir nnYi ra tnr NTnn - T).-f- of Drcm CITY OF SANTA ANA;PUBLIC WORKS AGENCY, WATER RESOURCES DIV CESAR E BARRERA;220 S DAISY AVE (M-85) Santa Ana CA 92703 OULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED FORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER LL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE RTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND ON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED C., AI-UKU ZO-, [nail o ACORD CORPORATION 1988 Al J COMMERCIAL GENERAL LIABILITY 630265M676A THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - WRITTEN CONTRACTS (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION II - WHO IS AN INSURED: Any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Coverage Part, but: a. Only with respect to liability for "bodily injury", "property damage" or "personal injury", and b. If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. The insurance provided to such additional insured is limited as follows: c. In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the in- surance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance". This endorsement shall not increase the limits of insurance described in Section III - Limits Oflnsurance. d. This insurance does not apply to the render- ing of or failure to render any "professional services" or construction management errors or omissions. e. This insurance does not apply to "bodily in- jury" or "property damage" caused by "your work" and included in the "products- completed operations hazard" unless the "written contract requiring insurance" specifi- cally requires you to provide such coverage for that additional insured, and then the insur- ance provided to the additional insured ap- plies only to such "bodily injury" or "property damage" that occurs before the end of the pe- riod of time for which the "written contract re- quiring insurance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 2. The following is added to Paragraph 4.a. of SEC- TION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: The insurance provided to the additional insured is excess over any valid and collectible "other in- surance", whether primary, excess, contingent or on any other basis, that is available to the addi- tional insured for a loss we cover. However, if you specifically agree in the "written contract requiring insurance" that this insurance provided to the ad- ditional insured under this Coverage Part must apply on a primary basis or a primary and non- contributory basis, this insurance is primary to "other insurance" available to the additional in- sured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance". But this insur- ance provided to the additional insured still is ex- cess over any valid and collectible "other insur- ance", whether primary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional insured under any "other insurance". 3. The following is added to SECTION IV - COM- MERCIAL GENERAL LIABILITY CONDITIONS: Duties Of An Additional Insured As a condition of coverage provided to the addi- tional insured: a. The additional insured must give us written notice as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible, such notice should include: CG D4 14 04 08 © 2008 The Travelers Companies, inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY L How, when and where the "occurrence" or offense took place; ill. The names and addresses of any injured persons and witnesses; and iii. The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim is made or "suit" is brought against the additional insured, the additional insured must: C. d i. Immediately record the specifics of the claim or "suit" and the date received; and ii. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. The additional insured must immediately send us copies of all legal papers received in con- nection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and oth- erwise comply with all policy conditions. The additional insured must tender the de- fense and indemnity of any claim or "suit" to any provider of other insurance which would cover the additional insured for a loss we cover. However, this condition does not affect whether this insurance provided to the addi- tional insured is primary to that other insur- ance available to the additional insured which covers that person or organization as a named insured. 4. The following is added to the DEFINITIONS Sec- tion: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or or- ganization as an additional insured on this Cover- age Part, provided that the "bodily injury" and "property damage" occurs and the "personal in- jury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 0 2008 The Travelers Companies, Inc. CG D4 14 04 08 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 630265M676A ISSUE DATE: 10115/2012-13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US his endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART, SCHEDULE Name of Person or Organization: AS REQUIRED BY WRITTEN CONTRACT (if no entry appears above, information required to complete this endorsement will be shown !n the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV- COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongo;ng operations or .Your work` done under a contract with that person or organization and included !n the "products- completed operations hazards.' This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 10 93 Copyright, Insurance Services Office. Inc., 1992 Page 5 of TRAVEL Ep WORItERS COMPENSATION L l[4 J AND EMPLOYERS LIASILfTY POLICY ENDORSEMENT WC 99 03 76 f Al - POLICY NUMBER U66A526643 WAIVER OF OUR RIGHT TO RECOVER, FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy We vain not enforce our right against the person or organization named in the Schedule. The additional premium for this endorsement shall be 0/c, of the California WO ker5' ccmpensatiaR pre- miu;n. Schedule Person or Organization Sob Description FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER TE is endorsement changes the policy to which it is attached and is effective on the date issued unless otherMse stated. (The Information below Is required only when this endorsement Is issued subsequent to preparation of the policy.) Endorsement Effective 10/15/2012-13 Policy No. U86A526643 Endorsement Nc insured Psomas Premium insurance company Countersigned by DATE OF ISSUE: 10/15/2012-13 ST ASSIGN: Page 1 of 1 COMMERCIAL AUTO 810265M676A THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. GENERAL DESCRIPTION OF COVERAGE - This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE - LOSS OF USE - INCREASED LIMIT B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS - INCREASED LIMITS F. HIRED AUTO - LIMITED WORLDWIDE COVERAGE - INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE - GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II - LIABILITY COV- ERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier. B. BLANKET ADDITIONAL INSURED 1. PHYSICAL DAMAGE - TRANSPORTATION EXPENSES - INCREASED LIMIT J. PERSONAL EFFECTS K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Liability Cover- age, but only for damages to which this insurance applies and only to the extent that person or or- ganization qualifies as an "insured" under the Who Is An Insured provision contained in Section IL C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II - LI- ABILITY COVERAGE: The following is added to Paragraph c. in A.1., An "employee" of yours is an "insured" while Who Is An Insured, of SECTION II - LIABILITY operating an "auto" hired or rented under a COVERAGE: contract or agreement in that "employee's" name, with your permission, while performing Any person or organization who is required under duties related to the conduct of your busi- a written contract or agreement between you and ness. that person or organization, that is signed and CA T3 53 0310 © 2010 The Travelers Indemnity Company. Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO The following replaces Paragraph b. in B.5., Other Insurance, of SECTION IV - BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while perform- ing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". D. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION 11 - LIABILITY COV- ERAGE: Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS - INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2), of SECTION It - LIABILITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4), of SECTION II - LIABILITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. F. HIRED AUTO - LIMITED WORLDWIDE COV- ERAGE - INDEMNITY BASIS The following replaces Subparagraph (5) in Para- graph B.7., Policy Period, Coverage Territory, of SECTION IV - BUSINESS AUTO CONDI- TIONS: (5) Anywhere in the world, except any country or jurisdiction while any trade sanction, em- bargo, or similar regulation imposed by the United States of America applies to and pro- hibits the transaction of business with or within such country or jurisdiction, for Liability Coverage for any covered "auto" that you lease, hire, rent or borrow without a driver for a period of 30 days or less and that is not an "auto" you lease, hire, rent or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their house- holds. (a) With respect to any claim made or "suit" brought outside the United States of America, the territories and possessions of the United States of America, Puerto Rico and Canada: (1) You must arrange to defend the "in- sured" against, and investigate or set- tle any such claim or "suit" and keep us advised of all proceedings and ac- tions. (ii) Neither you nor any other involved "insured" will make any settlement without our consent. (iii) We may, at our discretion, participate in defending the "insured" against, or in the settlement of, any claim or "suit". (Iv) We will reimburse the "insured" for sums that the "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, that the "in- sured" pays with our consent, but only up to the limit described in Para- graph C., Limit Of Insurance, of SEC- TION II - LIABILITY COVERAGE. (v) We will reimburse the "insured" for the reasonable expenses incurred with our consent for your investiga- tion of such claims and your defense of the "insured" against any such "suit", but only up to and included within the limit described in Para- graph C., Limit Of Insurance, of SECTION II - LIABILITY COVER- AGE, and not in addition to such limit. Our duty to make such payments ends when we have used up the ap- plicable limit of insurance in pay- ments for damages, settlements or defense expenses. (b) This insurance is excess over any valid and collectible other insurance available Page 2 of 4 m 2010 The Travelers Indemnity Company. CA T3 53 03 10 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO to the "insured" whether primary, excess contingent or on any other basis. (c) This insurance is not a substitute for re- quired or compulsory insurance in any country outside the United States, its ter- ritories and possessions, Puerto Rico and Canada. You agree to maintain all required or compulsory insurance in any such coun- try up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements. (d) It is understood that we are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Can- ada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE - GLASS The following is added to Paragraph D., Deducti- ble, of SECTION III - PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE - LOSS OF USE - INCREASED LIMIT The following replaces the last sentence of Para- graph AA.b., Loss Of Use Expenses, of SEC- TION III - PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident". 1. PHYSICAL DAMAGE - TRANSPORTATION EXPENSES - INCREASED LIMIT The following replaces the first sentence in Para- graph AA.a., Transportation Expenses, of SECTION III - PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. J. PERSONAL EFFECTS The following is added to Paragraph AA., Cover- age Extensions, of SECTION 111 - PHYSICAL DAMAGE COVERAGE: Personal Effects We will pay up to $400 for "loss" to wearing ap- parel and other personal effects which are: (1) Owned by an "insured"; and (2) In or on your covered "auto". This coverage applies only in the event of a total theft of your covered "auto". No deductibles apply to this Personal Effects coverage. K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION Ili - PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV - BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representa- tive prompt notice of the "accident" or "loss" ap- plies only when the "accident" or "loss" is known to: (a) You (if you are an individual); (b) A partner (if you are a partnership); (c) A member (if you are a limited liability com- pany); (d) An executive officer, director or insurance manager (if you are a corporation or other or- ganization); or (e) Any "employee" authorized by you to give no- tice of the "accident" or "loss". CA T3 53 03 10 © 2010 The Travelers Indemnity Company. Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL. AUTO M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV - BUSINESS AUTO CONDI- TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract signed and executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. N. UNINTENTIONAL ERRORS OR OMISSIONS The following is added to Paragraph B.2., Con- cealment, Misrepresentation, Or Fraud, of SECTION IV - BUSINESS AUTO CONDITIONS: The unintentional omission of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance. How- ever this provision does not affect our right to col- lect additional premium or exercise our right of cancellation or non-renewal. Page 4 of 4 © 2010 The Travelers Indemnity Company. CA T3 53 03 10 Includes copyrighted material of Insurance Services Office, Inc. with its permission.