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HomeMy WebLinkAboutB&D TOWING, INC. 1B-2014�NSURANUE ON FILE N- 2013 - 048 -002 OORK MAY PROCEED UNTli. iINSURANC EXPIRES LLRK OF COUNCIL () SECOND AMENDMENT TO AGREEMENT DATE: \ I �. SAPB bra OTMS SECOND AMENDMENT TO AGREEMENT effective as of April 1, 2014, by and ©Sara N1, between B & D Towing, Inc., a California corporation ( "Contractor ") and the City of Santa Ana, Cmay" a charter city and municipal corporation organized aid existing under the Constitution and laws iborrA of the State of California ( "City "). RECITALS: A. The parties entered into Agreement # N- 2013 -048, dated April 1, 2013, (hereinafter "said Agreement') by which Contractor will provide police tow services on a rotational basis. The Term of said Agreement was one year, with up to four extensions, exercisable at the option of the Chief of Police. B. The parties entered into the First Amendment to Agreement 4N -2013- 048 -001 on May 28, 2013, unending the Fee Schedule (Exhibit B) and authorizing the recovery of the Dispatch and Tracking Solutions fee from the vehicle owner. C. hi accordance with the terms and conditions of said Agreement, the parties wish to amend the said Agreement by extending for the fist additional year. 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 Second Amendment to Agreement, the parties agree as follows: 1. Section 3 of said Agreement, "Term" is hereby amended and extended through March 31, 2015. 2. Except as hereinabove amended, all terms and conditions of said Agreement, as amended, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Agreement on the date and year first written above. ATTEST: ") . 2 Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: ,R. t c --L, ..... Lisa Storck Assistant City Attorney CITY F SANTA ANA Carlos Rojas Acting Chief of Police CONTRACTOR: ACORD. CERTIFICATE OF LIABILITY INSURANCE Da7lMMID2nlA) PRODUCER 4 Centerpointe Insurance Service California License #0735759 807 - BCamarillo Springs Road Camarillo, CA 93012 -9464 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# INSURED H & D TOWING, INC., DBAc BALCACERES & DAVALOS TOWING 1502 N. SUSAN STREET SANTA ANA, CA 92703 B&DTOO INSURER& NATIONWIDE MUTUAL INS. CO. 23787 INSURER S: TOPA INSURANCE COMPANY 18031 INSURER C; INSURER D: ACP 7816214975 'HER E. 07/19/2015 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. HOTNATHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS 0 20 CIVIC CENTER PLAZA (M -30) POLICY NUMBER POLICY EFFECTIVE POLICYMEMPIRATION LIMITS • GENERAL LIABILITY ACP 7816214975 07/19/2014 07/19/2015 EACHOCCURRENCE $ 11000,000 PREMISES Ea ce $ 100,000 X COMMERCIAL GENERAL LIABILITY CLAIMSMADE Fl OCCUR MEDEXP(Anycnepenon) S 51000 PERSONALS ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN L AGGREGATE LIMIT APPUESLOC PER PRODUCTS - COMP /OP AGG $ 2,000,000 POLICY PRO- JECT • AUTOMOBILE LIABILITY ANYAUTO ACP 7816214975 07/19/2014 07/19/2015 COMBINED SINGLE LIMIT (Ea acciden0 $ 1,000,000 X BODILYINJURY (Perpenon) $ ALLOWNEDAUTOS SCHEDULED AUTOS BODILVINJURV (Peraccid"U $ X X HIRED AUTOS NON -OWNEDAUTOS PROPERTY DAMAGE (Perecddant) $ • GARAGE LIABILITY ACP 7816214975 07/19/2014 07/19/2015 AUTO ONLY- EAACCIDENT $ OTHERTHAN EAACC $ 11000,000 F ANYAUTO $ X OTHER THAN AUTO AUTOONLY: AGO A EXCESSIUMBRELLA LIABILITY XL6602203 -04 07/19/2014 07/19/2015 EACH OCCURRENCE $ 4,000,000 X OCCUR CLAIMS MADE AGGREGATE S 4,000,000 $ DEDUCTIBLE $ RETENTION S WORKERSCOMPEN$ATIONANO WCSTATU- OTH- EMPLOYERS LIABILITY ANY PROPRIETORIPARTNER/EXECUTIVE E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE E$ OFFIGEWMEMBER EXCLUDED? Ir ee,d" beunder SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ • OTHER ACP 7516214975 07/19/2014 07/19/2015 PER VEH SCHED $1,200,000 ON ROOK DEDUCTIBLE $ 11000 DESCRIPTION OF OPERATIONS I LOCATIONS/ VEHICLES / EXCLUSIONS ADDEO SYENDORSEMENT /SPECIAL PROVISIONS /� a G7 I J b A) GENERAL & AUTO LIABILITY ADDITIONAL INSURED WORDING, PRIMARY /NI ON - CONTRIBUTORY WORDING, WAIVER O SUBROGATION WORDING AND GARAGEKEEPERS LEGAL LIABILITY LIMITS AND LOCATIONS SCHEDULE ARE ON THE ATTACHED ACORD 101 FORM; H) EXCESS LIABILITY INSURANCE FOLLOWS FORK. CERTIFICATE HOLDER CANCELLATION ACORD26(2001 /08) ' ACORD CORPORATION 1888 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATI CITY OF SANTA ANA DATE THEREOF, THE ISSUING INSURER WILIXAEWNS&KY0 MAIL30 DAYS WRITTEN CLERK OF THE COUNCIL NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LE LL 20 CIVIC CENTER PLAZA (M -30) P.O. BOX 1988 AUTHORIZEDREPR ATIvE C. SANTA ANA, CA 92702-1988 °"` °r _U__ DS ACORD26(2001 /08) ' ACORD CORPORATION 1888 OP ID: KA CERTIFICATE OF LIABILITY INSURANCE COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD DATE 014 04/22/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Phone: 858- 457 -5720 Rubin Insurance Agency Inc. 6363 Greenwich Dr, #120 Fax: 858. 457 -5729 CA #0645355 San Diego, CA 92122 Michael Rubin CONTACT PHONE FAX AC No Exl: AIC, No: E-MAIL ADDRESS: POLICY NUMBER PRODUCER CUSTOMER ID p: B &DTO -1 INSURER(S) AFFORDING COVERAGE NAICp INSURED B &D Towing, Inc Balcaceras and Davalos Towing 1502 N Susan Street Santa Ana, CA INSURER A: Insurance Company of the West 27847 INSURER B: INSURER C: EACH OCCURRENCE INSURER D PREMISES Ea occurrence INSRER E NSUURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR R TYPE OF INSURANCE DDL D POLICY NUMBER MMIDIDIYYEVYV MMIDDNYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ PREMISES Ea occurrence $ COMMERCIAL GENERAL LIABILITY CLAIMS -MADE [::] OCCUR MED EXP (Any one parson) $ PERSONAL &ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP /OPAGG $ POLICY PRO LOC JE" $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANYAUTO BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident)$ SCHEDULED AUTOS HIRED AUTOS PROPERTY DAMAGE (Per accident) $ $ NON -OWNED AUTOS UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DEDUCTIBLE $ $ RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR /PARTNER /EXECUTIVE VIN 10/01/2013 10/01/2014 X T WC STATU- OTH- ORY LIMITS ER E.L. EACH ACCIDENT $ 1,000,06 [--] OFFICER /MEMBER EXCLUDED? (Mandatory In NH) NIA NIA E.L. DISEASE -EA EMPLOYE $ 1,966,66 If yap, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,09 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) /hy e,� Proof of insurance. a 'VX`Y_y1 A CERTIFICATE HOLDER CANCELLATION 1 CITYSA City of Santa Ana 60 Civic Center Plaza SHOULD H ABOVE POLICIES CANCELLED EXPIRATION DATE THEREOF, NOTICE WILL BE THE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Santa Ana, CA 92701 AUTHORIZED REPRESENTATIVE ��'— /I ©1988.2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: B &DT00 LOG # 1 ACORD ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY Centerpoints Insurance Services, Ltd. NAMED INSURED B & D TOWING, INC. 1502 N SUSAN STREET SANTA ANA, CA. 92703 POLICY NUMBER ACP 7816214975/XL660220304 CARRIER NATIONWIDE MUTUAL INS. CO./TOPA INS. CO. NAIO CODE 23787118031 EFFECWEDATE: 07 /19/2014 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance For compliance reasons, the attached document includes: 1. This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not affirmatively or negatively amend, extend, or alter the coverage, terms, exclusions, conditions, or other provisions afforded by the policies referenced herein. This certificate of insurance does not constitute a contract between the Issuing Insurer(s), authorized representative or producer and the certificate holder. 2. Should any of the above described policies be canceled before the expiration date thereof, notice will be delivered in accordance with the policy provisions. I Ill IWAFYUC47911i1S11►LH01iTyuI POLICY #: ACP 7816214975 e City of Santa Ana, its officers, employees, agents, volunteers and representatives are additional insured with respects to :omobile liability and general liability. As respects to the City, this policy is primary and non contributory and contains a fiver of subrogation, GARAGEKEEPERS LEGAL LIABILITY - LOC #1 -1502 N.SUSAN ST,SANTA ANA, CA - $1,200,000 The ACORD name and logo are registered marks of ACORD POLICY NUMBER: ACP7816214975 COMMERCIAL GENERAL LIABILITY CG 71 58 08 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF SUBROGATION AS REQUIRED BY WRITTEN CONTRACT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Item 8. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced by the following: 8. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US OR WAIVER OF SUBROGATION AS REQUIRED BY CONTRACT a. If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. b. If required by a written contract executed prior to loss, we waive any right of subrogation we may have against the contracting person or organization because of payments we make for injury or damage arlsing out of your ongoing operations or "your work" done under a contract with that person or organization and Included in the "products- completed operations hazard ". All terms and conditions of this policy apply unless modified by this endorsement. CG 71 58 08 04 Includes copyrighted material of Insurance Services Office, Inc. with permission. Page 1 of 1 0 ISO Properties, Inc., 2004 POLICY NUMBER; ACP 7816214975 COMMERCIAL GENERAL LIABILITY CG 7156 08 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PRIMARY AND NON- CONTRIBUTORY ENDORSEMENT This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: THE CITY OF SANTA ANA, ITS OFFICERS, EMPLOYEES, AGENTS, VOLUNTEERS AND REPRESENTATIVES 20 CIVIC CENTER PLAZA (M•30), P.O. BOX 1988 SANTA ANA, CA 92702 -1988 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section 11 - Who is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "prop- erty damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your on- going operations for the additional in- sured(s) at the location(s) designated above. No such person or organization is an addi- tional insured for liability arising out of the "products- completed operations hazard ". B. With respect to the insurance afforded to these additional insureds, the following additional ex- clusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work' out of which the injury or damage arises has been put to its Intended use by any person or organization other than another contractor or subcontrac- tor engaged in performing operations for a principal as a part of the same project. C. The following is added to SECTION III - LIMITS OF INSURANCE: The limits of insurance applicable to the addi- tional insured are those specified in the written contract between you and the additional insured, or the limits available under this policy, which- ever are less. These limits are part of and not in addition to the limits of insurance under this pol- icy. � 0 "re A CO +e'Y CG 7156 08 04 Includes copyrighted material of ISO Properties, Inc., with its permission. Page 1 of 2 CG 7156 08 04 D. With respect to the insurance provided to the person or organization shown in the Schedule of the Endorsement, Condition 4. Other Insur- ance is replaced by the following: 4. Otherinsurance If other valid and collectible insurance is available to the additional insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when it is excess as provided under part b., below. When this insurance is pri- mary, we will not seek contribution from other insurance available to the person or organization shown in the Schedule of this endorsement. b. Excess Insurance This insurance is excess over: (1) Any of the other insurance, whether primary, excess, contin- gent or on any other basis: (a) That is Fire, Extended Cover- age, Builder's Risk, Installa- tion Risk or similar coverage for "your work "; (b) That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner; (c) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occu- pied by you with permission of the owner; or (d) If the loss arises out of the maintenance or use of air- craft, "autos" or watercraft to the extent not subject to Ex- clusion g. of Section I - Cov- erage A - Bodily Injury And Property Damage Liability When this insurance is excess, we will have no duty under Coverages A or B to defend the additional insured against any "suit" if any other insurer has a duty to defend the additional insured against that "suit ". If no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insur- ance; and (2) The total of all deductible and self - insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance available to the additional Insured permits con- tribution by equal shares, we will fol- low this method also. Under this ap- proach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance available to the additional insured does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of in- surance to the total applicable limits of Insurance of all Insurers. All terms and conditions of this policy apply unless modified by this endorsement. Page 2 of 2 Includes copyrighted material of ISO Properties, Inc., with its permission. CG 7156 08 04 POLICY NUMBER: ACP 7816214975 COMMERCIAL AUTO CA 20 48 0299 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOIORCARRIERCOVERAGEFORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by this endorsement. This endorsement identifies persons) or organization(s) who are insureds under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective; 7119/14 Countersigned �By: �/I �wt.W v 1. iS/�WwYI (Authorized Named Insured: B & D TOWING. INC. 6141.4 idfllFal Name of Person(s) or Organization(s): The City of Santa Ana, its officers, employees, agents, volunteers and representatives (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement) Each person or organization shown in the Schedule is an insured for Liability Coverage, but only to the extent that person or organization qualifies as an insured under the Who Is An Insured Provision contained in Section II of the Coverage Form. jj CA 20 48 0299Copyright, Insurance Services Office, Inc., 1998 Page I of 1 13