HomeMy WebLinkAboutCALIFORNIA BARRICADES 4 -2016INSURANU: ON H,'Q
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�CLERKOF COU-N—C V
DATE 4#4
AGREEMENT WITH CALIFORNIA BARRICADE RENTALS, INC.
FOR PROVISION, INSTALLATION AND REMOVAL OF TRAFFIC
BARRICADES FOR VARIOUS CITY EVENT'S (2016-17)
'1111S AGREEMENT is made and entered into this 16th day of August, 2016 by and
between California Barricade Rentals, Ino, ( "Contractor "') , and the City of Santa Ana, a charter
city and municipal corporation organized and existing under the Constitution and laws of the
State of California ("City").
RECITALS
A, The City desires to retain a contractor having special skill and knowledge in the field of
providing, instalfing, maintaining and removing traffic barricade equipment for special
events that the City is hosting in 2016-17 ("Events").
B. Contractor represents that it is able and willing to provide such services to the City.
C. In undertaking the performance of this Agreement, Contractor represents that it is
knowledgeable in this field and that any services performed by Contractor under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field,
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
11 SCOPE OF SERVICES
Contractor shall provide, install, set-up, maintain and remove traffic barricade equipment
for City's DTSA 5K Ran and Ciclovia on August 20, 2016 and City's Fiestas Patrias event on
September 10-11, 2016, as more fully described in Exhibit A to this Agreement. At City's sole
request, Contractor shall also provide, install, sot-.up, maintain and remove traffic barricade
equipment for other City-produced Events to be scheduled at a later date through June 30, 2017,
including but not limited to the 2017 Ciaoo de Mayo Event. Contractor's general price list is
attached as Exhibit B.
1 COMPENSATION
a. City agrees to pay, and Contractor agrees to accept as total payment for its services
and equipment, the rates and charges identified in Exhibits A and B. The total sum to be
expanded under this Agreement shall not exceed Seventy Thousand Dollars ($70,000), This
amount includes charges for the other Events approved and processed by City.
b. Payment shall be made within thirty (30) days following receipt of proper invoice
evidencing work performed, subject to accounting procedures. Payment need not be made for
work which fails to meet the standards of performance set forth in the Recitals which may be
expected by the City.
Page I of 6
A-2016-225
Liman li
This Agreement shall commence on August 16, 2016 and terminate on ,June 30, 2017,
unless terminated earlier in accordance with Section 12, below.
Contractor shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor
shall it be, construed to create an, employer - employee relationship, a joint venture relationship, or
to allow the City to exercise discretion or control over the professional manner in which
Contractor performs the services which are the subject matter of this Agreement; however, the
services to be provided by Contractor shall be provided in a manner consistent with all
applicable standards and regulations governing such services. Contractor shall pay all salaries and
wages, employer's social security taxes, unemployment insurance and similar taxes relating to
employees and shall be responsible for all applicable withholding taxes,
1ii1.`titgMfila
Prior to undertaking performance of work under this Agreement, Contractor shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
a. Commercial General Liability Insurance, Contractor shall maintain commercial
general liability insurance naming the City, its officers, employees, agents, volunteers and
representatives as additional insured(s) and shall include, but not be limited to protection against
claims arising from bodily and personal injury, including death resulting therefrom and damage
to property, resulting from any act or occurrence arising out of Contractor's operations in the
performance of this Agreement, including, without limitation, acts involving vehicles. The
amounts of insurance shall be not less than the following: single limit coverage applying to
bodily and personal injury, including death resulting therefrom, and property damage, in the total
amount of $1,000,000 per occurrence, and $2,000,000 in the aggregate. Such insurance shall (a)
naive the City, its officers, employees, agents, volunteers and representatives as additional
insured(s); (b) be primary and not contributory with respect to insurance or self- insurance
programs maintained by the City; and (c) contain standard separation of insured provisions.
b. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for
owned, hired and non -owned automobiles,
c. Worker's Compensation Insurance. In accordance with the provisions of California
state law, Contractor, if Contractor has any employees, is required to be insured against liability
for worker's compensation or to undertake self-insurance. Prior to commencing the performance
of the work tuader this Agreement, Contractor agrees to obtain and maintain any employer's
liability insurance with limits not less than $1,000,000 per accident,
Page 2 of 6
d. The following requirements apply to the insurance to be provided by Contractor
pursilant to this section:
(i) Contractor shall maintain all insurance required above in fall force and
effect for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be famished to the City upon execution of
this Agreement and shall be approved in form by the City.
(iii) Certificates and policies shall state that the policies shall not be canceled
or reduced in coverage or changed in any other material aspect without
thirty (30) days prior written notice to the City.
e. If Contractor fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has been procured
and is in force and paid for, the City shall have the right, at the City's election, to terminate this
Agreement. Such termination shall net affect Contractor's right to be paid for its time and
materials expended prior to notification of termination. Contractor waives the right to receive
compensation and agrees to indemnify the City for any work performed prior to approval of
insurance by the City.
M Ril fi lE t iKsY �
Contractor agrees to and shall defend, indemnify and hold harmless the City, its officers,
agents, employees, consultants, special counsel, and representatives from liability: (1) for
personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of
claims for personal injury, including death, and claims for property damage, which may arise
from the direct or indirect operations of Contractor or its contractors, subcontractors, agents,
employees, or other persons acting on their behalf which relates to the services described in
section 1 of this Agreement; and (2) from any claim that personal injury, damages, just
compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects
arising from this Agreement, This indemnity and hold harmless agreement applies to all claims
for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to
have been suffered, by reason of the events referred to in this Section or by reason of the terms
of, or effects, arising from this Agreement. Contractor further agrees to indemnify, hold
harmless, and pay all costs for the defense of the City, including fees and costs for special
counsel to be selected by the City, regarding any action by a third party challenging the validity
of this Agreement, or asserting that personal injury, damages, just compensation, restitution,
judicial or equitable relief due to personal or property rights arises by reason of the terms of, or
effects arising from this Agreement. City may make all reasonable decisions with respect to its
representation in any legal proceeding, Notwithstanding the foregoing, to the extent Contractor's
Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the
extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to
the negligence, recklessness, or willful misconduct of the Contractor. This indemnification
provision shall survive expiration of this Agreement.
Page 3 of 6
CONFIDENTIALM
If Contractor receives from the City information which due to the nature of such
information is reasonably understood to be confidential and; or proprietary, Contractor agrees that
it shall not use or disclose such information except in the performance of this Agreement, and
further agrees to exercise the same degree of care it uses to protect its own, information of like
importance, but in no event less than reasonable care,
Contractor covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under
this Agreement.
t�Q[i7filYilS
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered in person or
mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic
communication in the manner provided in this Section, to the following persons:
To City: Clerk of the Coi mil
City of Santa Ana
20 Civic Center Plaza (M -30)
P,O. Box 1988
Santa Ana, CA 92702 -1988
Fax: (714) 647 -6956
With copies to:
Parks, Recreation and Community Services Agency
City of Santa Ana.
20 Civic Center Plaza (M -23)
P,O. Box 1988
Santa Ana, California 92702
Fax: (77.4) 571 -4221
To Contractor: California Barricade Rentals, Inc.
1.550 E. Saint Gertrude Place
Santa Ana, CA 92705
Phone: (714) 558 -8474/ FAX: (714) 558 -3821
A party may change its address by giving notice in writing to the other party. If sent by
mail, communication shall be effective or deemed to have been given three (3). days after it has
been deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by fax, communication shall be effective or deemed to have
Page 4 of 6
been given twenty -four (24) hours after the time set fierth on the transmission report issued by the
transmitting .facsimile machine, addressed as set forth above. For purposes of calculating these
time frames, weekends, federal, state, County or City holidays shall be excluded.
r ► � r
This Agreement represents the complete and exclusive statement between the City and
Contractor regarding the subject matter therein, and supersedes any and all other agreements,
oral or written, between the parties. In the event of a conflict between the terms of this
Agreement and any attachments hereto, the terms of this Agreement shall prevail. This
Agreement may not be modified except by written instrument signed by the City and by an
authorized representative of Contractor. The parties agree that any terms or conditions of any
purchase order or other instrument that are inconsistent with, or in addition to, the terms and
conditions hereof, shall not bind or obligate Contractor nor the City, Each party to this
Agreement acknowledges that no representations, inducements, promises or agreements, orally
or otherwise, have been made by any party, or anyone acting on behalf of any party, which are
not embodied herein.
Inasmuch as this Agreement is intended to secure the specialized services of Contractor,
Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement
shall be construed to limit the City's ability to have any of the services which are the subject to
this Agreement performed by City personnel or by other Contractors retained by City,
12. TERMINATION
This Agreement may be terminated by the City upon thirty (3 0) days written notice of
termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor
compensation for all services performed by Contractor prior to receipt of such notice of termination,
r'
Contractor shall not discriminate because of race, color, creed, religion, sex, marital
status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited
by applicable law, in the recruitment, selection, training, utilization, promotion, termination or
other employment related activities or in connection with any activities related to this
Agreemment. Contractor affirms that it is an equal opportunity employer and shall comply with all
applicable federal, state and local laws and regulations.
14, JURISDICTION- VENUE
This Agreement has been executed and delivered in the State of California and the
validity, interpretation, 'performance, and enforcement of any of the clauses of this .Agreement
Page .5 of 6
shall be determined and governed by the laws of the State of California. 'Both parties further
agree that Orange County, California, shall be the venue for any action or proceeding that may
be brought or arise out of, in connection with or by reason of this Agreement,
I& 1PROFESSIONAL LICENSES
Contractor shall, throughout the term of this Agreement, maintain all necessary licences,
permits, approvals, waivers, and exemptions necessary for the provision of the services
hereunder and required by the laws and regulations of the United States; the State of California,
the City of Santa Ana and 411 other governmental agencies. Contractor shall notify the City
immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals,
waivers, and exemptions. Said inability shall be cause for termination of this Agreement,
a. Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to
City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement..
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
Maria D. Huizarr
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By:
J Funk
ssistant City Attorney
RECOMMENDED FOR APPROVAL:
NTA AN
David Cavazos
City Manager
CONTRACTOR
California Barricade Rentals, Inc.
Gerardo Monet, Executive Director,
Page 6 of 6
Sonia Bates
City nf Santa Ana
sbatoes@,anta^non.o,g
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Set, monitor and remove wftraffic control devices per provided specifications
*
Includes traffic controtechniciam&neceoury traffic control vehicles
| »
Includes message boards
Includes ucdestdanbarricades
*
Includes water-filled k^,mU
^
Includes water and filling & emptying vf the k`,a:
� p
Overtime charges wf$70.00 per hour per technician will app|y*fter12 hours vflabor per
technicien
PROJECT GRAND TuTxPaCm:$13,170,00
Thank you for this opportunity to present our proposal for the festival. This price is based on the
details provided, should the scope of work charge |n any way, additional charges may apyh�This
quote iv also subject to revision once mtraffic wontrul plan }; Provided hy the city nf Santa 4na�
Thank you for this opportunity g/ present our proposal for your event. vywlook forward to working
mithynu� If you have any questions or require additional Information, please do not hesitate to give us
a call,
Sbzpre|K
�=emcoo"r
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EXHIBIT A
Sonia Batres
City of Santa Ana
sbatres@santa-ana,org
RP: Fiestas Patrla5 Festival
Eli
WHIM
• Set and remove of traffic control devices per provided specifications
• Includes water-filled k-rail
• includes water and filling & emptying of the k-rail
• Includes pedestrian barricades
• Overtime charges of $70.00 per hour per technician will apply after 4-hours per
occurrence per technician
PROJECTORAND TOTAL PRICE; $7,650M
Thank you for this opportunity to present our proposal for the festival. This price Is based on the
details provided, should the scope of work change in any way, additional charges may apply. This
quote is also subject to revision once a traffic control plan is provided by the city of Santa Ana.
We look forward to once again providing traffic control services for this event, if you have any
questions or require additional Information, please do not hesitate to give us a call.
Sincerely,
&44-
idle Estobar
CXHIER B i¢, 5aiin% Gooevdc »ia..a
r,
i 1{ c e 6�Ad R aw a A09, CA 9,770$
A� O CERTIFICATE OF LIABILITY INSURANCE D6/21/2016Y)
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(les) 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
PRODUCER
ISU Insurance Services - Centinel Agency, LLC
250 Executive Park Blvd
Suite 4800
San Francisco CA 94134
INSURED ry . _ &VU -Og�
California Barricade Rentals Inc orV lV
1550 E Saint Gertrude Place
(415) 657 -2000 {AX- pl: (418) 651-2002
cnando @isuca.com
INSURER(Sl AFFORDING COVERAGE NAIC B
INSURER A:SCottsdala Insurance COmpariy
INSURERS Nationwide Mutual Ins Co
INSURER C National Union Fire IRS CO of
INSURERD:State Compenaatl6n Ins. Fund
INSURER E:
Santa Ana CA 92705 Ana CA 927051INSURERF IFI
COVERAGES CERTIFICATE NUMBER:16 -17 GL, WC, Auto, XS 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 ALI, THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I O R
POLIC'TE F POLICY EXP
TYPE OF INSURANCE , POLICY NUMBER MM100fYYYY MMIDDIYYYY LIMITS
LTR
! XI COMMERCIAL GENERAL LIABILITY
EACH OCCURRENCE ',$ 1,000,000
._ .—
A _j CLAIMS -MADE . X OCCUR
_UAMAGETO RENTED _.• . - - -_.
PREMISES (Ea aaunenca). _.; �_ 100,000
X WS0033435
I, 7/1/2016 : 7/1/2017 MEDEXP(Anyonepemon) '.$ Excluded
'..
: PERSONAL& AOV INJURY $ 1,000,000
GEN'L AGGREGATE LIMITAPPLIES PER
GENERAL AGGREGATE $ 2,000,000
X POLICY jRCT '.._ LOC
: PRODUCTS - COMP/OP AGO $ 2,000,000
'- OTHER '
Employee Seirefils It 11000,000
AUTOMOBILE LIABILITY "'
: COMBINED SINGLE LIMIT '.$ 1,000,000
(Ea __acrldam) ...
X'ANY AUTO
BODILY IWURY(Per pusan }',,$
B
BALL OWNED SCHEUULED ACP 307745240
4 AUTOS ; AUTOS X
1 7/1/2016 7/1/2017 BODILY IWURY(Peraccrdenr) $
_ -- _ _
R X NONANMED
j PROPERTY DAMAGE
HIRED AUTOS ! A11T05
$
(Perawdon9 _ -------- _
$
__', UMBRELLA LIAB X OCCUR
EACH OCCURRENCE "': $ 5,0001000
C X_EXCESS LIAB CLAMS -MADE
AGGREGATE '.$ 5,000,0_0.0_
DED 'RETENTION $ EEO 012013646
7/1/2016 7/1/2017
WORKERS COMPENSATION
PER OTH-
p'
AND EMPLOYERS' LIABILITY YfN
STATUTE _ ER ....__.__..
ANY PER)MEMTORI —'
E.L. EACH ACCIDENT $ 1,000,000
ER EXCLUDED? 'NfA
EXCLUDED?
-
D (Mandatory NH) - 9063600 -2016
(Mandatory In
7/1/2016 7/1 /2017 EL D15EASE EA EMPLOYEES _ 1 00,000
DISEASE, E
If yes, tleacdb0 untler
DESCRIPTION OF OPERATIONS belay
EL. DISEASE- POLICY LIMIT $ 1,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS f VEHICLES (ACORD 1101, Additional Remarks Schedule, maybe attached If more space is requlredl
The City of Santa Ana, its officers, employees,
agents, and representative are named aagr itional
insured per form CG 20 33 04 13 and CO 20 37 04
13 on the GL policy. Qi
Additional Insured applies per form AC 70 05 03
16 on the Auto policy.��\�
Those usual to the insured's operations.
4
City of Santa Ana
20 Civic Center Plaza - M -23
Santa Ana, CA 92702
W
SHOULD ANY OF THE ABOVE DESCRIBE-6 POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
Ferenc /FR
(c) '1988.2014 ACORD CORPORATION. All rinhts reserved.
ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD
INSO25 Onl4nn
COMMERCIAL AUTO
AC 70 05 03 16
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
SUMMARY OF COVERAGES
A. Effect of This Endorsement
B. Newly Acquired or Formed Entities
C. Employees as Insureds — Nonowned Autos
D. Additional Insured by Contract. Permit or Agreement
E. Supplementary Payments — Bail Bonds
F. Supplementary Payments — Loss of Earnings
G. Personal Effects and Property of Others Extension
H. Prejudgment Interest Coverage
1. Fellow Employee— Officer, Managers and Supervisors
1 Hired Auto Physical Damage
K. Temporary Substitute Autos — Physical Damage Coverage
L. Expanded Towing Coverage
M. Auto Loan or Lease Coverage
N. Original Equipment Manufacturer Parts — Leased Private Passenger Types
O. Deductible Amendments
P. Rental Reimbursement Coverage
O. Expanded Transportation Expense
R. Extra Expense — Stolen Autos
S. Physical Damage Limit of Insurance
T. New Vehicle Replacement Cost
U. Physical Damage Coverage Extension
V. Transfer of Rights of Recovery Against Others To Us
W. Section IV — Business Auto Conditions — Notice of and Knowledge of Occurrence
X. Hired Car Coverage Territory
Y. Emergency Lock Out
Z. Cancellation Condition a0�i
AC 70 05 0316 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 7
with its permission
COMMERCIAL AUTO
AC 70 05 03 16
A. EFFECT OF THIS ENDORSEMENT
Coverage provided under this policy is modified
by the provisions of this endorsement. If there
is any conflict between the provisions of this
endorsement and the provision(s) of any state -
specific endorsement also attached to this poli-
cy, then the provision(s) of the state - specific
endorsement shall apply instead of the provi-
sions of this endorsement that are in conflict,
but only to the extent of the conflict, and only to
the extent necessary to bring such provisions
into conformance with the state requirement(s)
contained in the provision(s) of the state - specific
endorsement.
B. NEWLY ACQUIRED OR FORMED ENTITIES
The Named Insured shown in the Declarations is
amended to include any organization you newly
acquire or form, other than a partnership, joint
venture, or limited liability company, and over
which you maintain ownership or majority (more
than 50 %) interest; if there is no other similar in-
surance available to that organization. Coverage
under this provision is afforded until the 1801"
day after you acquire or form the organization or
the end of the policy period, whichever is later.
C. EMPLOYEES AS INSUREDS — NONOWNED
AUTOS
The following is added to paragraph A.1. Who Is
An Insured of SECTION II — COVERED AUTOS
LIABILITY COVERAGE:
d. Any "employee" of yours is an "insured"
while using a covered "auto" you don't own,
hire or borrow in your business or your per-
sonal affairs.
D. ADDITIONAL INSURED BY CONTRACT,
PERMIT OR AGREEMENT
The following is added to A.I. Who Is An In-
sured of SECTION II — COVERED AUTOS
LIABILITY COVERAGE:
Any person or organization that you are re-
quired to name as an additional insured in a
written contract or agreement that is executed
or signed by you prior to a "bodily injury" or
"property damage" occurrence is an "insured"
for Covered Auto Liability coverage. How-
ever, with respect to covered "autos ", such
person or organization is an insured only to
the extent that person or organization qualifies
as an "insured" under A.1. Who is an Insured of
SECTION 11 — COVERED AUTOS LIABILITY
If specifically required by the written contract or
agreement referenced in the paragraph above,
any coverage provided by this endorsement to
an additional insured shall be primary and
any other valid and collectible insurance avail-
able to the additional insured shall be non-
contributory with this insurance. If the written
contract does not require this coverage to be
primary and the additional insured's coverage to
be non - contributory, then this insurance will be
excess over any other valid and collectible insur-
ance available to the additional insured.
E. SUPPLEMENTARY PAYMENTS — BAIL
BONDS
Supplementary Payments of SECTION II —
COVERED AUTOS LIABILITY COVERAGE is
revised as follows:
(2) Up to $2,500 for cost of bail bonds (including
bonds for related traffic law violations)
required because of an "accident" we cover.
We do not have to furnish these bonds.
F. SUPPLEMENTARY PAYMENTS — LOSS OF
EARNINGS
Supplementary Payments of the SECTION II —
COVERED AUTOS LIABILITY COVERAGE is
revised as follows:
(4) All reasonable expenses incurred by the "in-
sured" at our request, including actual loss
of earnings up to $500 a day because of
time off from work.
G. PERSONAL EFFECTS AND PROPERTY OF
OTHERS EXTENSION
1. The. Care, Custody or Control Exclusion of
SECTION II — COVERED AUTOS
LIABILITY COVERAGE, does not apply to
"property damage" to property, other than
your property, up to an amount not exceed-
ing $250 in any one "accident". Coverage
is excess over any other valid and collectible
insurance.
2. The following paragraph is added to A.4.
Coverage Extensions of SECTION III —
PHYSICAL DAMAGE COVERAGE:
c. We will pay up to $500 for your property
that is lost or damaged as a result of a
covered `lass ", without applying a de-
ductible. Coverage is excess over any
other valid ar)draV flectible insurance.
COVERAGE: ivemtw 2�
Page 2 of 7 Includes copyrighted material of Insurance Services Office, Inc. eye'5 AC 70 06 03 16
with its permission ��� .va� �d �(�•
COMMERCIAL AUTO
AC 70 05 03 16
H. PREJUDGMENT INTEREST COVERAGE
substitute for a covered "auto" you own that
The following paragraph is added to SECTION II
is out of service because of its;
— COVERED AUTOS LIABILITY COVERAGE,
a. Breakdown;
2. Coverage Extensions, a. Supplementary
b. Repair;
Payments:
c. Servicing;
(7) Prejudgment interest awarded against the
"insured"
d. "Loss "; or
on that part of the judgment we
pay. If we make an offer to pay the appli-
e. Destruction
cable limit of insurance, we will not pay
The coverage that applies is the same as
any prejudgment interest based on that
the coverage provided for the vehicle being
period of time after the offer.
replaced.
I. FELLOW EMPLOYEE — OFFICERS,
MANAGERS, AND SUPERVISORS
L. EXPANDED TOWING COVERAGE
The Fellow Employee Exclusion in SECTION II
1. We will pay up to:
— COVERED AUTOS LIABILITY COVERAGE is
a. $100 for a covered "auto" you own of
replaced as follows;
the private passenger type, or
A. "Bodily injury" to any fellow "employee" of
"insured"
b. $500 for a covered "auto" you own that
the arising out of and in the course
"employee's"
is not of the private passenger type,
of the fellow employment or
while performing duties related to the con-
for towing and labor costs incurred each
duct of your business. This exclusion does
time the covered "auto" is disabled. Howev-
not apply to an "insured" who occupies a
er, the labor must be performed at the place
position as an officer, manager, or supervi-
of disablement.
sor.
2. This coverage applies only for an "auto"
J. HIRED AUTO PHYSICAL DAMAGE
covered on this policy for Comprehensive or
If covered "auto" designation symbols 1 or 8 ap-
Specified Causes of Loss Coverage and
ply to Liability Coverage and if at least one "au-
Collision Coverages.
to" you own is covered by this policy for Com-
3. Payment applies in addition to the otherwise
prehensive, Specified Causes of Loss, or Colli-
applicable amount of each coverage you
sion coverages, then the Physical Damage
have on a covered "auto ".
coverages provided are extended to "autos" you
M. AUTO LOAN OR LEASE COVERAGE
lease, hire, rent or borrow without a driver; and
1. In the event of a total "loss" to a covered
provisions in the Business Auto Coverage Form
"auto ", we will pay any unpaid amount due
applicable to Hired Auto Physical Damage apply
on the loan or lease, including up to a max -
up to a limit of $100,000. The deductible will be
imum of $500 for early termination fees or
equal to the largest deductible applicable to any
penalties, for your covered "auto" less:
owned "auto" for that coverage. Any Compre-
hensive deductible does not apply to fire or
lightning.
PHYSICAL DAMAGE COVERAGE of
this policy; and
K. TEMPORARY SUBSTITUTE AUTOS —
PHYSICAL DAMAGE COVERAGE
b. Any:
The following is added to paragraph C. Certain
1) Overdue lease /loan payments at the
Trailers, Mobile Equipment And Temporary
time of the "loss ";
Substitute Autos of SECTION I - COVERED
2) Financial penalties imposed under a
AUTOS:
lease for excessive use, abnormal
If Physical Damage Coverage is provided by
wear and tear or high mileage;
this Coverage Form, the following types of
3) Security deposits not refunded by a
vehicles are also covered "autos" for Physi-
lessor;
cal Damage Coverage:
A) Costs of ext ?nded warranties, Credit
Any "auto" you do not own while used with
Life in i Ice, Health, Accident, or
the permission of its owner as a temporary
A y insurance pu ased with
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5) Carry-over balances from previous
leases.
2. This coverage only applies to a "loss" which
is also covered under this policy for Com-
prehensive, Specified Causes of Loss, or
Collision coverage.
3. Coverage does not apply to any unpaid
amount due on a loan for which the covered
"auto" is not the sole collateral.
N. ORIGINAL EQUIPMENT MANUFACTURER
PARTS - LEASED PRIVATE PASSENGER
TYPES
Under Paragraph C. Limit of Insurance of
SECTION III - PHYSICAL DAMAGE
COVERAGE, Section 4 is added as follows:
4. We will use new original equipment vehicle
manufacturer parts for any private passen-
ger type covered "auto" where required by
the lease agreement which has a term of at
least six months. If a new original equip-
ment vehicle manufacturer part is not in pro-
duction or distribution we may use a like,
kind and quality replacement part.
O. DEDUCTIBLE AMENDMENTS
The following are added to the Deductible provi-
sion of SECTION III - PHYSICAL DAMAGE
COVERAGE:
If another policy or coverage form that is not an
automobile policy or coverage form issued by
this company applies to the same "accident ", the
following applies:
1. If the deductible under this coverage is the
smaller (or smallest) deductible, it will be
waived:
2. If the deductible under this coverage is not
the smaller (or smallest) deductible, it will be
reduced by the amount of the smaller (or
smallest) deductible.
If a Comprehensive or Specified Causes of Loss
Coverage "loss" from one "accident" involves
two or more covered "autos', only the highest
deductible applicable to those coverages will be
applied to the "accident," if the cause of the loss
is covered for those vehicles. This provision only
a ties if _ carr Com rehensive or S ecified
No deductible applies to glass if the glass is re-
paired, in a manner acceptable to us, rather than
replaced.
P. RENTAL REIMBURSEMENT COVERAGE
1. This coverage applies only to a covered "au-
to" for which Physical Damage Coverage is
provided on this policy.
2. We will pay for rental reimbursement ex-
penses incurred by you for the rental of an
"auto" because of "loss" to a covered "auto ".
Payment applies in addition to the otherwise
applicable amount of each coverage you
have on a covered "auto." No deductibles
apply to this coverage.
3. We will pay only for those expenses incurred
during the policy period beginning 24 hours
after the "loss" and ending, regardless of the
policy's expiration, with the lesser of the
following number of days:
a. The number of days reasonably
required to repair or replace the covered
"auto ". If "loss" is caused by theft, this
number of days is added to the number
of days it takes to locate the covered
"auto" and return it to you.
b. The number of days shown in the
Schedule.
4. Our payment is limited to the lesser of the
following amounts:
a. Necessary and actual expenses
incurred.
b. $75 for any one day or for a maximum
of 30 days.
5. This coverage does not apply while there
are spare or reserve "autos" available to you
for your operations.
6. If "loss" results from the total theft of a cov-
ered "auto" of the private passenger type,
we will pay under this coverage only that
amount of your rental reimbursement ex-
penses which is not already provided for un-
der SECTION III - PHYSICAL DAMAGE
COVERAGE Coverage Extension,
Q. EXPANDED TRANSPORTATION EXPENSE
pp y y p p Paragraph A.4.a. of SECTION III - PHYSICAL
Causes of Loss Coverage for those vehicles, DAMAGE COVERAGE is replaced by the follow -
and does not extend coverage to any covered
"autos" for which you do not carry such ing:
coverage. We will pay up to $50 per ay to a maximum of
$1500 for tempora �r��ortation expense in-
curred
by yq se of ;,<070"0,15 total t ft of a
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COMMERCIAL AUTO
AC 70 05 03 16
covered "auto" of the private passenger type.
ment manufacturer or other sources in-
We will only pay for those covered "autos" for
cluding non - original equipment manu-
which you carry Comprehensive or Specified
facturers and
Causes of Loss Coverage. We will pay for tem-
b. If a repair or replacement results in bet -
porary transportation expenses incurred during
ter than like kind or quality, we will not
the period beginning 24 hours after the theft and
pay for the amount of the net improve -
ending, regardless of the policy's expiration,
ment.
when the covered "auto" is returned to use or we
"loss ".
5. If we offer to pay the actual cash value of
pay for its
the damaged or stolen property, we will
R. EXTRA EXPENSE — STOLEN AUTOS
value auto advertising wraps, paint customi-
The following paragraph is added to Coverage
zation, and similar business related advertis-
Extensions of SECTION III — PHYSICAL
ing modifications, in addition to the actual
DAMAGE COVERAGE:
cash value of the property. Auto advertising
c. We will pay for up to $5,000 for the expense
wraps, paint customization, and similar
of returning a stolen covered "auto" to you.
business related advertising modifications
We will pay only for those covered "autos"
will be valued at the cost to replace them
for which you carry Comprehensive or Spec-
with an adjustment made for depreciation
ified Causes of Loss Coverage
and physical condition.
S. PHYSICAL DAMAGE LIMIT OF INSURANCE
T. NEW VEHICLE REPLACEMENT COST
Under SECTION III — PHYSICAL DAMAGE
The following is added to the Limit of Insurance
COVERAGE, Paragraph C., Limit of Insurance
provision of SECTION III — PHYSICAL
is replaced by the following:
DAMAGE COVERAGE:
C. Limit Of Insurance
5. The provisions of paragraphs 1. and 3. do
1. The most we will pay for "loss" in any one
not apply to a covered "auto" of the private
"accident" is the lesser of:
passenger type or a vehicle with a gross
vehicle weight rating of 20,000 pounds or
a. The actual cash value of the damaged
less which Is a "new vehicle."
or stolen property as of the time of the
"loss",
In the event of a total "loss" to your new ve-
or
hicle to which this coverage applies, we will
b. The cost of repairing or replacing the
pay at your option:
damaged or stolen property.
a. The verifiable "new vehicle" purchase
2. $1500 is the most we will pay for "loss" in
price you paid for your damaged vehi-
any one "accident" to all electronic equip-
cle, not including any insurance or war -
ment that reproduces, receives or transmits
ranties purchased;
audio, visual or data signals which, at the
b. If it is available, the purchase price, as
time of, loss", is:
negotiated by us, of a "new vehicle" of
a. Permanently installed in or upon the
the same make, model, and equipment
covered "auto" in a housing, opening or
or the most similar model available, not
other location that is not normally used
including any furnishings, parts, or
by the "auto" manufacturer for the in-
equipment not installed by the manufac-
stallation of such equipment.
turer or manufacturers' dealership; or .
b. Removable from a permanently installed
c. The market value of your damaged ve-
housing unit as described in Paragraph
hicle, not including any furnishings,
2.a. above or is an integral part of that
parts, or equipment not installed by the
equipment; or
manufacturer or manufacturer's dealer -
c. An integral part of such equipment.
ship.
3. An adjustment for depreciation and physical
We will not pay for initiation or set up costs
condition will be made in determining actual
associated with loans or leases
cash value in the event of a total "loss ".
As used in this endorsement, a "new
4. The cost of repairing or replacing may:
vehicle" means an "auto" of which you are
a. Be based on an estimate which includes
the original owaerStrat has not been previ-
parts furnished by the original equip -
Q JJ''
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COMMERCIAL AUTO
AC 70 05 03 16
ously titled and which you purchased less
than 365 days before the date of the "loss'.
U. PHYSICAL DAMAGE COVERAGE
EXTENSIONS
Under SECTION III — PHYSICAL DAMAGE
COVERAGE, A. Coverage, Coverage Exten-
sions, b. Loss of Use Expenses is replaced by
the following:
b. Loss of Use Expenses
For Hired Auto Physical Damage, we will
pay expenses for which an "insured" be-
comes legally responsible to pay for loss of
use of a vehicle rented or hired without a
driver, under a written rental contract or
agreement. We will pay for loss of use ex-
penses if caused by:
(1) Other than collision if the Declarations
indicate that Comprehensive Coverage
is provided for any covered "auto ";
(2) Specified Causes of Loss only if the
Declarations indicate that Specified
Causes of Loss Coverage is provided
for any covered "auto "; or
(3) Collision only if the Declarations indicate
that Collision Coverage is provided for
any covered "auto."
However, the most we will pay for any
expenses for loss of use is $50 per day, to a
maximum of $1,500. The insurance provided
by this provision is excess over any other
collectible insurance.
V. TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
The following is added to the Transfer Of Rights
Of Recovery Against Others To Us Condition:
We waive any right of recovery we may
have against any person or organization to
the extent required of you by a written con-
tract executed prior to any "accident" be-
cause of payments we make for damages
under this coverage form.
W. NOTICE OF AND KNOWLEDGE OF
OCCURRENCE
a. Your obligation in the Duties in the Event
of Accident, Claim, Suit or Loss Condi-
tion relative to notification requirements
applies only when the "accident" or
"loss" is known to:
(1) You, if you are an individual;
(2) A partner, if you are a partnership;
(3) A member, if you are a limited liability
company; or
(4) An executive officer or insurance
manager, if you are a corporation.
b. Your obligation in the. Duties in the Event
of Accident, Claim, Suit or Loss Condition
relative to providing us with documents
concerning a claim or "suit" will not be
considered breached unless the breach
occurs after such claim or "suit" is known
to:
(1) You, if you are an individual;
(2) A partner, if you are a partnership;
(3) A member, if you are a limited
liability company; or
(4) An executive officer or insurance
manager, if you are a corporation.
X. HIRED CAR — COVERAGE TERRITORY
Item (5) of the Policy Period, Coverage Territory
General Conditions is replaced by the following:
(5) Anywhere in the word if a covered "auto" is
leased, hired, rented or borrowed without a
driver for a period of 30 days or less; and
Y. EMERGENCYLOCKOUT
We will reimburse you up to $100 for reasonable
expense Incurred for the services of a locksmith
to gain entry into your covered "auto" subject to
these provisions:
1. Your door key, electronic key or key entry
pad has been lost, stolen or locked in your
covered "auto" and you are unable to enter
such "auto", or
2. Your keyless entry device battery dies and
you are unable to enter such "auto" as a re-
sult,
SECTION IV — BUSINESS AUTO 3. Your key, electronic key or key entry pad
CONDITIONS, Paragraph A is amended as has been lost or stolen and you have
follows: changed the lock to prevent an unauthorized
6. NOTICE OF AND KNOWLEDGE OF entry; and 6,0 1 - i
OCCURRENCE °.0 (i
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4. Original copies of receipts for services of a
locksmith must be provided before reim-
bursement is payable.
Z. CANCELLATION CONDITION
Paragraph A.2. of the COMMON POLICY
CONDITION — CANCELLATION applies
except as follows:
COMMERCIAL AUTO
AC 70 05 03 16
If we cancel for any reason other than non-
payment of premium, we will mail or deliver
to the First Named Insured written notice of
cancellation at least 60 days before the ef-
fective date of cancellation. This provision
does not apply in those states that require
more than 60 days prior notice of cancella-
tion.
& _A ,
9\ \AN 'S `p,,C�
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