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HomeMy WebLinkAboutCALIFORNIA BARRICADES-2017A-2017-057 AGREEMENTWITH CALIFORNIA BARRICADE RENTALS, INC. FOR PROVIS[ON, INSTALLATION AND REMOVAL OF TRAFFIC BARRICADES FOR VARIOUS CITY EVENTS rf THIS AGREE1N41' NT is made and entered into this 211 day of March, 2017 by and between Califoriiia Barricade Rentals, Inc. ("Contractor"), and thio, City of&inta Ana, a charter city and "-- municipal corporation organ ized and existing under the Constitution and laws of the State of 3 O;z '- a California ("City"), Cn 0 RECI _1AI-,S A, 'Me City desires to retain, a coutractor having special. skill and knowledge in the field of providing, installing, maintaining, and remo-0tig traffic control equipment. ftyr various City hosted events. K Oa January 18, 2017, the City issued a Request for Proposals for various event semices. C. The one proposal for traffw services was received ffi)m Calitbrnia Barricades which competently has provided traffic control star various events for the past couple of years, D. In uudeilakiag the perbormance of this Agreement, Contractorrcj?resents Tat itis knowledgeable in this field mid that any services performed by Contractor under this Agreement will be performed it) compliance with such standards as may reasonably be expected fro m a professional rum in the field. NOW THEREFORE, in Qonsideration of the mutual and respective promises, and sLibject to the temis awd conditions hereinafter set forth, the parties agree as (bilows: L SCOPE OF SERVICES Contractor shall provide, install, set-up, maintain and remove traffic barricadeequipment for City host events. The Contractor is also expected to coordinate with various City departments and other contractors associated with the event, Once a plan has beell approved by City (atithorized representative), the Contractor will sign as notice -to -proceed letter, agreeing to comply with the scope of the plan. Equipment to be provided by the Contractor includes, but is not limited to items listed above. City may request additional equipment or services during the term of the AgTeement at prices identified in the price [isting. If a requested item is not listed ou the price listings the City will negotiate, a price with the company. 2. COMPENSATION a, City agrees to pay, and Contractor agrees to accept as total payment fears its services and equipment, the rates and ebarges identified in Exhibit A attached hereto and incorporated by rcflerence, The total sum to be expended under this Agreement shall no[ exceed Seventy Thousand Dollars ($70,000) for eacb annual terra, The total surer to be expended under this Page I d7 Exhibit 1 Agreement shall not excced'rwo Hundred acrd 'Fera Thousand Dollars ($210,000) for the entire term of the Agreement, including any renewals, b, Payment shall be arcade within forty -eve (45) days fiol low ing receipt of proper invoice evidencing work performed, subject to accounting procedures, Payment need not be mado for work which fails to meet the standards of perforniance set forth in the Recitals which may be expected by the City. 3. TERM This Agreement shall commence on. March 21, 2017 and terminate oil Deceinbcr 3 1, 2017, unless terminated earlier in accordance with Section 12, below. The terns of this Agreement may be cxtendW, for an additional two, one-year renewal options, by to writing executed by the City Manager and the City Attorney, 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire tenni of this Agreement, be construed to be an independent contractor and n.(.,)t an employee QF the City. This Agreement Is not intended nor sball it be construed to create an einployer-employee relationship, a joint venture relationship, or s, to allow the City to exercise discretion or control over the profe"qional manner i R. which. Contractor peforms the services which fire the subject inatter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and mgulations governing such services, Contractor shall pay all salaries and wago,, employer's social security taxes, unemployment insunince and similar taxes relating to employees anti shall be responsible for all applicable withholding taxes, S. INSURANCE Prior to undertakiing perfomiance 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, vola veers and representatives as additional insured(s) and shall inlude, but not be liniifed to protection against claims arising from bodily and personal inJilry, including death resulting therefrom wid damage to property, resulting from any act Or Occurrencearising out of Contractor's op( -T' in the pertbrtnance Of this Agreement, includin& without limitation, acts involvirig vehicles. Tilt.' amounts of insurance. shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, Lind property damage, in the total amount of $1,000,000 per Occurrence, with $2,000,000 ire .the aggregate. Such insurance shall (a) narne the City. its officers, employees, agents, volunteers and representatives as additional inKired(s); (b) be primary with Page 2 W-7 Exhibit 1 respect to insurunce or self-insurance programs maintained by the City, and (c) contain standard separation of insureds provisions, b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence, Stich instfratwe shall include coverage for owned hired and non -owned automobiles, c, Worker's Compensation Insurance. In accordance with the California Labor Code, Contraclor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to underhike self-insurance. Prior to commencing the performance of the work under this Agetnient, Contractor agrees to obtai-n and maintain any employer's liability insurance with limits not less than. S 1,000,000 per accident, d. If Contractor is or employs as ficcn.4ed profssional �;uch. as an architect or engineer: Professional liability (errors and omissions) ift-sairance, with a combined single firnit of not less than $1,000,000 per claim with $2,000,000 in [tic ag W�Cgate. e. The following requirementi apply to the insurance to be provided by Contractor pursuant to this section, (i) Contractor shall snaintain all insurance required above in Full ftwoe and effect for the entire period covered by this .A.greernen.t. (ii) Cetifficates of insurance shall be furnished to the City upon execution or this Agreement and shall be approved by the City, (,iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect, by Consultant, without thirty (30) days prior written notim to the City. (IV) Contractor shall supply City with a fully executed additional insured endorsement, F, tf Contractor fails or refuses to produce or maintain the insu =Qe 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 %hall have the right, tit the City's election, to forthwith terminate this Agreement, Such tennirlation shall not affbat Contractor's right to be paid for its time and materials expended prior to notification or termination, Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insLirance by the City, Page 3 of 7 Exhibit 1 6. INDEM N IM CATION Contractor agrees to defend, and shall 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 froin the negligent operations of the Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the serviocs described in section I of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is clue by reason ofthe terms of or effeevi arising from this Agreement. 17his indernnity and hold harniless agreement applies to all claims for damages., just compensation, restitution, judicial or equitable relief sull"ered, or alleged to have been suffered, by reason of the eve nbi referred to in this Section or by reason of the ten.-fls af, or effects, arising from this Agreement. The Contractor floher agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including f'e'es 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 amorting that personal injury, damages, just compensation,restitution, judicial or equitable relief due to personal or property rights arises by r=on 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 27818, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, 7. CON FIDENTIAL ITY if Contractor receives frorn the City information which due to the nature of such information is rowsonably -understood to be confidential and/or proprietary, Contractor agrees that it shall not L;se or disclose such information except in the performance of this Agreevanent, and ftirther agrees to exercise the same degree of care it uses to proted its own information of like importance, but. in no overt less than reasonable care. 8. CONFLICT OF INTEREST CLAUSE Contractor covenants that. it presently has no interests and 3b all. not have interests, dircet or indirect, wbiQh would Qonflict in tiny alanuer with perfortbance of services�;peeified under this Agreement. 91 N OTIC E A.ny 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' Page 4 of 7 Exhibit 1 To City: Clerk of the Council City of Santa Ana 20 Civic Center Plaza (M-30) KO, Box 1988 Santa Ana, CA 92702.1988 Fax: (714) 647-6956 With copies tw, Parks, Recreation acrd Community Services Agency City of Santa /Ula 20 Civic Center Plaza. (M-23) P,O, Box 1988 Santa Ana, Califomia 92702 Fax; (714) 571-4221 '1`0 Contractor. California Barricade Renuds, Inc. 1550 E, Saint Gertrude Place Santa Ana, CA 92705 Phone, (714) 558-8474/ FAX (714) 558-382 1 A party may change its address by giving nofic'e in writing to the other party, Usent by mail, C0111111unicationshall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail.,. duly raistered or certified, with postage prepaid, and addressed asset forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the trarismi.9sion report issued by the transiiiittingfasir -nii. ema.Qt.iitio, addressedas set forthabove. For purposes of calculating these time frames, weekends, f0deral, state, County or City holidays shall be excluded, 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement betwm-n the City an(]. contlwtor regarding the sub�joct matter therein, and stupersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the teras of this Agreement and any attaohrritnts hereto, the terms of this Agreement shall prevail. This Agreement may not he 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 inmrument 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 representitions, 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. - It. ASSIGNMEN'r lnaSnluch as this Agreement is intended to secure the specialized services (if Contractor, Contractor may not rissign, transfer, delegate, or subcontract any interest herein withow the prior written consent of. -'the City and. any such. assignMent, transfer, delegation. or subcontmet without Page 5 or -7 Exhibit 1 the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be comtrucd to, limit the Citys ability to have any of the services which are the subject to this Agreement perfortmd by City personnel or by other Contractors retained by City. 12, TERMINATION This Agrectnent may be terminated by the City upon thirty (30) days w1itten notice of terinination, In sacK event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all serviQes performed. by ContraQtor priorto receipt orsuch notice of terrnination. 13. NON-DISCRIMMATION Contractor shall. not discriminate because ofrace, color-, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law. in the recruitment, selectiontraining, utilization, promotion, teirnination or other employment related activities or in. connection with any activities under this, Agreement, Contractor affirms that it is an equal opportunity employer and shall comply with. all applicable federal, state and local laws and regulations. M JURISDICT ION - VENUE This Agreement has been executed and delivered in the State of California alit] the validity'interpretation, performanev,, and onfibreement ofany of -the clauses of this Agreement shall be doteiriinod and governed by the laws of tho State of California, Both partici further agree that Orange Cotuity, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason ol"this Agremnent. 15. PROM, SSIONAL LICENSES Contractor shall, throughout the tend of this Agreement, maintain all ncccssary licenses, perinits, approvals, waivers, and exemptions necessary :for the provision or the services hereunder and required by the laws and regulations of the United States, the State of Califbrnia„ the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately nand in writing of its inability to obtain or maintain such pennits, licenses, approvals, waivers, and exemptions. Said itvability shall be cause for termination of this Agreement. 16, MISCULLNNEOUS PROVISIONS a. Each undersipied represents and warrants that its signature hereinbek)w has thcpower, authority and right to bind their respective parties Io each o fthe terms o f this Agreernent. and shall indeimffy City fally, includingreasonable costs mid attorney's fees, for any inj aries, or dainages to City in the event that such autbority or power is not, in tact„ held by the signatory or is wiffidrawa, b. All Exhibits referenced fierein and nakhed hereto shall be incorporated as if litillyset rorth in the body of this Agrm-,mei.A, Page 0 0-7 Exhibit I IN WITNESS WHEREOF, the parties hereto Have executed this Agreement the date and year first above written. ATTEST-, A'0A �D MAit;A D.11UI AFS Clerk of the Council APPROVED AS TO FORM- S©NIA R. CARVALFIO City Attorney IMSA STORCK Assistant City Attorney RECOMMENDED FOR APPROVAL. JCA1' N'l ....IIJARDi Actirri . ectitive Direetor Pars, Recreation and Community Services Agency ;CIT YY OF SANTA AN GE;RARDO MOO T Acting City Manager CONTRACTOR Cali#omia Barricade Rentals, Inc. Maine: Title: �f 6G��r►5j yaks 7 n! 7 Exhibit 1 EXHIBIT A SERVICE: TRAFMC CONTROL FQUWMNT California Banicade, jho. is a company with thO CAPacity to provide traffic control equipment for various events, Betow Is ou proposal based an the sample listing of equipment pnndded fDr previous large salt avon%, ---------------- — RentalQualid I ty - — A — price Per Utuft Extonded P.dw Per Day Per Day Arrow Boards 7 $35,00 $245.00 Memsage Board $93.00 Pedestria.aDarricado too $3,30 $330,00 (ba mdo Barricade 100 $165,00 water pitted K -Rail 49 $3..10 .10 $161,70 Type I Barricado 35 $025 �"ypc fu Barlioado 45 $1,35 $60.75 Type I Barricade- with Sign 166 $030 `1)1)e M Barricade, with Sip 40 $1.95 $78.00 Baa QuantityPrice Per ( )courranoe Extended Prim. Water I'mok Service (49 units) I $900.00 $90010 0 Labor Per Hour Extend Price Iyer Teclinician Per Hour 15 $70.00 $1,050,00 it is anderstood traft oontrol plans will be; specific for individual events. Tho contractor is OxPectcd to work with various Qity departments, parficaluly the Santa Ana PoUvio dapatment and Planning and Railding Agency, California Bat deade hag done so in tile pmt with gresit succeag, and will colatiaue to do so. Exhibit 1 0 DATE €MWDOIYYYY€ „r CERTIFICATE OF LIABILITY INSURANCE 6/21/2016 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(los) must be andorsed. If SUBROGATION IS WAIVE=D, subject to the terms and conditions of the policy, certatn Policies may require an endorsement. A statement on this certificate does not confer rights to the PRQDVCPR ISU Insluranoe Services - Continal Agency, LLC 250 exeo"tive hark Blvd Suits 4800 San Francisco CA 94134 INSURED f,-oVU-081 California Barricade Rentals Inc l 1550 9 Saint Gertrude Place �XAFI""' Fernando Rivas PH- ---- _ . `A tt4,_Sx)1E.(415)657-2000 — {AIC, Nall .1415)657 2002 AOC.ADDRESS: f'er>;cando@isuca.Car{S .FIE$5:..............................___.._...._ _. INSURERIS A) FFORpING_COVERAOE NAIC 8 ENSURER.Aim urance. Cgmpany tNSURFR_e NatiOnW:tde...btut:ua]._..Ins _.CC INSURERCNational Union Fire Ins Co of INSURER0 State Compmnka,t:ion_ Yna _Fund INSURER E; Santa Ana CA 92705 1 INSURt2 F: COVERAGES CERTIFICATF NUMBFR-16-17 GL. WC, Auto, X5 RFVISION NL]MFISR, 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 CONTRAC-r 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. INSli _ -_ AODL'SUER - - - ._ ... Bdd'CCrCY E __ 4LrCy EXP..,. TYPE OF OF INSURANCH POLICY NUMBER Iw C4 Y ! Y ...... - LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 ..--- ----. A CLAIMS -MAGE X OCCUR -- _,.,.._.-_.__.._.. _... OAMAGETO RENTED .... PREM)SES,(Egq;ourrepos). .$ 100,000 X SCSO035435 7/1/2016 7/1/2017 MUD EXP(Any on(iperson) $ axaludad PERSCNAL & ADV INJURY $ 1,000,1300 GEML A00REGATE LIMIT APPLIES PER: GENrRAU AGGREGATE: $ 2,000,000 X POLICY _ JE{CT LOC --- _.._..............__- 1 ROOUC.IIIS ; COMPIOP AGO $ 2,000,000 OTHER: Employee Booft $ 1, 000 , oO D AUTOMOBILE LIABILITY IN SINGLE LIMIT 100. 0.0..., OD 0 _ X_ _ ANY AUTO W f B BO OILY INJURY (Par person) 5 __... ALL OWNED SCHEDULED ALTOS AUTOS 7( ACP 307745230 7/1/201,fi 7/1/2017 BQDEiYINJURY [Per ascrdeno $ NON -OWNED ._X HIRED AUTOS xAUTOS -P ibI;EIi7YOAMAGE ................ ..... ... — II'.arcccidanl) $ ............. $ UMBRELLA LIAR x OCCUR _EACH OCCURS ENCE$-_ - 5,000,000- C X EXCESS LIAR CLAIMS -MADE AGOREGATE _-- $ 5{000.,000 EORmLTION V110 012013645 7/1/2016 7/1/2017 g WORKERS COMPENSATION X ER OT - STATUTE......... ER ANO EMPLOYERS' LIABILITY Y 1 N .,.,...._ PROPRIEfOPARTNERiEXECUTlVF ---._. NIA E:L_EACH ACCIDENT O�CERIMEM ERMEXCLUDED7 D (Mandaiary In NH) 9063608-2016 7/1/2616 7/1/2017 - E.L. DISEASE - EA EMPLOYEE. $ �0�600 ..__.._.-......_... Er�ras.daacnbaunder - OE5CRIPTEON OP OAEftATlO� S below E.L. DISEASE - POLICY LIMIT $ 1 oDD 000 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (ACORD 104, AdMilonal Remarka Schedule, may bo anxpllad It inure apace Is required) The Cit=y of Santa Ana, its offta tts, employees, agents, and representative are named a�saxfditional insured per form CG 20 33 04 13 and CO 20 37 04 13 on the GL policy, a !���� e'o Additional insured applies per form AC 70 05 03 16 on the Auto policy, Those usual to the insured's operations, cio City of Santa Arta 20 Civic Center Plaza - M-23 Santa Ana, CA 92702 SHOULD ANY OF THE ABOVE DESCRIEIE15 POLICIES BE CANCELLED BLFoRB THE EXPIRATION BATE THEREOF, NOTICE WILL 9E DELIVERED IN ACCORDANCE. WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE h Ferenc/F'R 4 "' +F (D1988.2014 ACORD CORPORATION. All riahts reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD INS025 on14011 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 I. Fellow Employee — Officer, Managers and Supervisors J. 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 Q. 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 AC 70 06 0316 Includes copyrighted material of Insurance Services Office, Inc, Page 1 of 7 with its permission COMMERCIAL AUTO AC 70 05 0316 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 180"' 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 AA, 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 1€ -- 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.I. Who is an Insured of SECTION II — 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 €nsured'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 11 -- 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 If — COVERED AUTOS LIABILITY COVERAGE is revised as follows; (4) All reasonable expenses incurred by the "in- surad" at our request, including actual loss of earnings up to $500 a day because of time off from work. C. 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 AA. 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 "loss", without applying a de- ductible. Coverage is excess over any other valid an A"11ectibie insurance. COVERAGE;� (� Page 2 of 7 Includes copyrighted material of Insurance Services Office, Inc. 11 `d AC 70 05 0316 with its permission 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 COVERA02, a, Breakdown; 2. Coverage Extensions, a, Supplementary b. Repalr; Payments: c, Servicing; (7) Prejudgment interast awarded against the "insured" d. "Lasa"; or on that part of the judgment we pay. If we make an offer to pay the appli- e. Destruction oablo 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 Tha Fellow Employee ExCILlsian in SECTION 11 1, We will pay up to: — COVERED AUTOS LIABILITY COVERAGE is replaced as follows; a. $100 for a covered "auto" you awn of the private passangertype, or A, 'Bodily injury" to any fellow "employee" of the "insured" arising out of and In the course b, $500 for a covered "auto" you awn that of the fellow "employee's" employment or is not of the private passenger type, while performing duties related to the con- for towing and Iebor costs Incurred each duct of your buslnsss. 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 suporvi- of disablement. sor, 2. This coverage applies only for or "auto" J. HIRED AUTO PHYSICAL DAMAGE covered on this policy for Comprehensive or If covered "auto" deefgnation symbols 1 or 8 ap- Specified Causes of Loss Coverage and ply to Liability Coverage end 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 provfded are extended to "autos" you M. AUTO LOAN OR LEASE COVERAGE lease, hire, rent or borrow wlihout 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 Physicsl Damage apply on the loan or lease, inCIL16ng up to a max - up to a limit of $100,000, The deductible will be imum of $500 for early termination fees or equal io the largest deductible applicable to any penalties, fcr your covered "auto" less: Awned "auto" for that coverage. Any Compre- h n herraiv€rsive deductible does not apply to fire or a, The amount paid under SECTION III -.. PHYSICAL DAMAGE COVERAGE of this policy; and K. TEMPORARY SUBSTITUTE AUTOS — b, Any: PHYSICAL DAMAGE COVERAGE The fallowing is added to paragraph G. Certain i) Overdue lease/loan payments at the Trailers, Mobile Equipment And Temporary tirne 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: 4) Costs of ext@nded warranties, Credit Any "auto" you do not own while used with Llfs in lee, Health, Accident, or the perrnisslon of its owner as a temporary insurance pu ased with lease.; �4r� AC 70 05 03 16 Includes copyrighted material of Insurance Services e aS Page 3 of 7 with Its permission('j11'�1. COMMERCIAL AUTO AC 70 05 03 16 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 lies if_ car ( r%m rehanslve 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 111 - PHYSICAL DAMAGE COVERAGE Coverage Extension, 0. EXPANDED TRANSPORTATION EXPENSE FF y rY 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 pay to a maximum of $1500 for tempora �11!rortation expense in- curred by yo se of the total t fI of a Page a of 7 Includes copyrighted material of Insurance Services Office, Inr C 70 05 0316 with Its permission. covered "auto" of the private passenger type. We will only pay for those covered "autos" for which you carry Comprehensive or Specified Causes of Loss Coverage. We will pay for tem- porary transportation expenses incurred during the period beginning 24 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". R. EXTRA EXPENSE — STOLEN AUTOS The following paragraph is added to Coverage Extensions of SECTION Ill — PHYSICAL DAMAGE" COVERAGE: c. We will pay for up to $5,000 for the expense of returning a stolen covered "auto" to you. We will pay only for those covered "autos" for which you carry Comprehensive or Spec- ified Causes of Loss Coverage S. PHYSICAL DAMAGE LIMIT OF INSURANCE: T. Under SECTION III — PHYSICAL DAMAGE COVERAGE, Paragraph C., Limit of Insurance is replaced by the follow€ng: C. Limit Of Insurance 1, The most we will pay for "loss" in any one "accident" is the lesser of: a. The actual cash value of the damaged or stolen property as of the time of the „foss", or b_ The cost of repairing or replacing the damaged or stolen property. 2. $1500 is the most we will pay for "loss" in any one "accident" to all electronic equip- ment that reproduces, receives or transmits audio, visual or data signals which, at the time of "loss'. is: a. Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the in- stallation of such equipment. COMMERCIAL AUTO AC 70 05 0315 ment manufacturer or other sources in- cluding non -original equipment manu- facturers and b. If a repair or replacement results in bet- ter than like kind or quality, we will not pay for the amount of the net improve- ment. 5. If we offer to pay the actual cash value of the damaged or stolen property, we will value auto advertising wraps, paint customi- zation, and similar business related advertis- ing modifications, in addition to the actual cash value of the property. Auto advertising wraps, paint customization, and similar business related advertising modifications will be valued at the cost to replace them with an adjustment made for depreciation and physical condition, NEW VEHICLE: REPLACEMENT COST The following is added to the Limit of Insurance provision of SECTION III — PHYSICAL DAMAGE COVERAGE: 5, The provisions of paragraphs 1. and 3, do not apply to a covered "auto" of the private passenger type or a vehicle with a gross vehicle weight rating of 20,000 pounds or less which is a "new vehicle," In the event of a total "loss" to your new ve- hicle to which this coverage applies, we will pay at your option: a. The verifiable "new vehicle" purchase price you paid for your damaged vehi- cle, not including any insurance or war- ranties purchased; b. If it is available, the purchase price, as negotiated by us, of a "new vehicle" of the same make, model, and equipment or the most similar model available, not including any furnishings, parts, or equipment not installed by the manufac- 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 owner, at has not been previ- parts furnished by the original equip- ������ AC 70 05 03 16 Includes copyrighted material of Insurance Serv"A"Cle, Ince age 5 of 7 with its permission ss COMMERCIAL AUTO AC 70 Cts 0316 ously titled and which you purchased less then 365 days before the date of the "'loss". U. PHYSICAL. DAMAGE COVERAGE EXTENSIONS Under SECTI01\1 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 Lass Coverage is provided for any covered "auto"; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered"@Uto." However, the most we will pay for any expenses for loss of use is $60 per day, to a maximum of $1,500. The Insurance provided by this provision is excess over any other collectible Insurance. V. TRANSFER OF RIG! -TS 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 pe€'son 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 notificatlon 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 ccmpa€ny, 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 atter 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. HIRES; CAR —COVERAGE TERRITORY Item (5) of the Policy Period, Coverage Territory General Conditions Is replaced by the fallowing: (5) "here in the world If a covered "auto" is leased, hired, rented or borrowed without a driver for a period of 30 days or less; and Y. EMERGENCY LOCKOUT We will reimburse you up to $100 for reasonable expense incurred for the services of a fooksmith 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• suit, SECTION IV — BUSINESS AUTO 3. Your key, electronic key or key entry pad CONDITIONS, Paragraph A is amended as has been Inst or stolen and you have follows: changed the Ift to prevent an unauthorized entry, and *04 ' 6. NOTICE i�I=AND KNOWLEDGE OF �C� OCCURRENCE Lager 6 of i Includes copyrighted rnatarial of Insurance Services Office, In AC 70 45 03 16 with its permission. 4. Original copies of receipts for services of a locksmith must be provided before relm. bursement is payable, Z. CANCELLATION CONDITION Paragraph A.2. of the COMMON POLICY CONDITION — CANCEI LATION applies except as follows: CC1MiUIEWAI AUTO AC 70 06 0316 If we cancel for any reason other than non. payment of premium, we will mail or deliver to the First Named Inspired writtan notice of cancellation at least CLQ days before the of fective nate of cancellation. This provision does not apply in those states that require more than 80 clays prior notice of canoella• tion. AC 70 06 Oa 18 Includes copyrighted material of Insurance Services Office, Inc,, Page 7 of 7 with Its permission ACC >RL>�DATE CERTIFICATE OF LIABILITY INSURANCE (MMfDDNYYY) CERTIFICATE MAY BE ISSUED OR. MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 6/26/2017 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, EXTENDOR 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 Ipolicy, 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 CONTACT Fernando Rivas I'SU Insurance Services - Centinel .Agency, LLC NAME: PHHOONEo,Extl, (415)657-2000 CAwoi:(415)657-2002 250 Executive Park Blvd E-MAIL ADDRESS: fernando(isuca.com Suite 4800 ............ INSURER45) AFFORDING COVERAGE WAIC fk San Francisco CA 94134 _ .......... INSURER A:Scottsdale.,_.Insurance Compannnny+,'..,.. INSURED INSURER B :American Fire and Casualt Com an _. California Barricade Rentals Inc INSURER cNational Union. Fire Ins Co of INSURERD State Compensation Ins. Fund 1550 E Saint Gertrude Place X INSURER„E:Hiscox Insurance C9mp_lkr;y, XASC BCSOD36349 Santa Ana CA 92705 INSURERF:Kins'ale Insurance Company MED EXP (Any one person) ■!(!1'�17:4�[C17,.: 117.7 � 17 rM�7 �I71 I l' I,r,l _{ 7'iiyOR.itNMR'"Y�Mll.�a'�:+[,'#�F2S�w �!"J X171 C^7 r�1:i� lI �1 �t� I ^_7 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 ....- .. _..... _ ADQL SUBR .._'_. ...- .-.-...... POLICY EFF POLICY EXP ----_._._,...._........ ,.__— TYPE OF INSURANCE _..,. ....... LTR POLICY NUMBER MM1QDfY'YYY � MM1DDfYYY'Y LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURR17NCE $ 1, 000, 000 A — . CLAIMS -MADE OCCUR DAMAGED RENTED PREMISE .._„„._.,,....., _ occurrence ......-m.,. $ 100,000 X BCSOD36349 7/1/2017 7/1/2018 MED EXP (Any one person) $ Excluded.. PERSONAL &AOV INJURY $ 1.,000,000 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY,. a JEGT �..... 1 LOC PRODUCTS • COMPIOP AGG $ 21000,000 Employee Benefits '.$ 1,000,000 LX OTHER: AUTOMOBILE. LIABILITY COMBINED SINGLE LIMIT Ea accident)_ $ 1,000,000 BODILY INJURY (Per person) $ B XANY AUTO ......... BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS AUTOS X BAA (18) 58 OS 63 03 7/1/2017 7/1/2018 X. NON-OWNED X I�! (UTOSp�rOa $ HIRED AUTOS A tlent)AMRGE UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 C.,,.. EXCESS LIAB' CLAIMS -MADE AGGREGATE $ 5.000,000,... DED RETENTION$ BE 065409561 7/1/201.7 I 7/1/2018 ''', WORKERS COMPENSATION'.. X PER V OTH- STATUTE ER AND EMPLOYERS' LIABILITY YIN .........._ ANY PROPRIETORIPARTNERIEXECUTIVE n E.L EACH ACCIDENT $ 1 ,000,000 OFFICERIMEMBEREXCLUDED? l 1...,.... (Mandatory in NH) ... NIA.. 9063608-17 7/1/2017 7/1/201.8 E.L. DISEASE - EA EMPLOYE $ 1, 000,000 If yes, describe under .......,__. .....................— DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 E Professional Liability MPL1863490,16 12/1./2016 12/1/2017 Each Claim $1,000,000 F Pollution Liability 0100...052798-0 7/9./2017 7/1/2018 Each Pollution Condition $1,000,000 DESCRIPTION OF OPERATIONS f LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) ,,�r[.e The City of 'Santa Ana, its officers, employees, agents, and representative ed as additi _ insured per form CG 20 33 04 13 and CG 20 37 04 1.3 on the GL policy. w °"fir _ o Additional Insured applies per form CA 88 10 01 13 on the Auto policy.`.° Those usual to the insured's operations. Jy'\A\\ t;tK I IrIt;A I t MULUtK GANGELLATION City of Santa Ana 20 Civic Center Plaza - M-23 Santa Ana, CA 92702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Josh Ferenc/FR c'.tee� @ 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2'014101) The ACORD name and logo are registered marks of ACORD INS025 rarl14M ACC>RL> GERTII=IGATE OF INSURANCE6/26/2017 DATE (MM/DDNYYY).. 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 CLAIM'S. 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 CONSTI'TU'TE 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 end',orsement(s). PRODUCER CONTACT Fernando Rivas 11000,000 $ 000 NAME: _ ISU Insurance Services - Centinel Agency, LLC PHONE (15)6-200 o is) �FAX la1s1657-zoo2i 250 Executive Park Blvd _.., E -M AODREss:AIL fernandoisuca.com _..- Suite 4&300.,_...-... __ INSURERS) AFFORDING COVERAGE NAIL # San Francisco CA 94134 INSURER A Scottsdale Insurance Compan INSURED INSURERS American Fire and Casualty_Co pas California Barricade Rentals Inc IINSURERCNational Union Fire Ins Co of 1550 E Saint Gertrude Place INSURERD State Compensation Ins. Fund 7/1/2018 INSURERE:Hiscox Insurance Co any Inc Santa ASIA CA 92705 INSURER.F:3.CCinsale Insurance COL an COVERAGES CERTIFICATE. NUMBER:17 -18 GL, WC, BA, XS, E&O, PL 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 CLAIM'S. INSRTYPE OF INSURANCEmm ... ............. Ar1DL SUBR LTR POLICY NUMBER MMfDDMYYY) (MMIODNYYYI LIMITS X COMMERCIAL GENERAL LIABILITY OCCURRENCE 11000,000 $ 000 A CLAIMS -MADE OCCUR _EACDAMAGE -H T© RENTED ISES.-Ea_accurren-C-e. ... _ $ 100,000 BCS0036349 7/1/2017 7/1/2018 MED EXP (Any one person) $ Excluded PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X! POLICYE-1 ,RCT ­7 LOC PRODUCTS - COMPIOPAGG $'..__ 2,000,000 Employee Benefits -_ ...-. $ 1,000,000 OTHER: AUTOMOBILELIABILITY COMBINED SINGLE LIMIT Ea accidanf t ) $. 1,000,000 BODILY INJURY (Per person) $ BANY AUTO BODILY INJURY(Per accident) $ ATOSCHEDULED AUUTOSS AUTOS I BAA (18) 58 05 63 03 7/1/2017 7/1/2018 HIRED AUTO."+. X NON -OWNED PROPERTY-6AMAGl=__ . $ AUTOS PeraCGldenfl,,,,.,,„_. UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 C X EXCESS LIAR -MADE AGGREGATE $ 5, 000, 000 . „ .CLAWS OED,_____ RETENTION BE 06'5409561 7/1/2017 7/1/2018 $ WORKERS COMPENSATION X PER OTH.. AND EMPLOYERS” LIABILITY YIN ..........._STATUTE, I I ER --,._. ._... .,.._ ANY PROPRIETORIPARTNEPJEXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 OFFICERWEMBER EXCLUDED? (Mandatory In NH) NIA :9063608-17 7/1/2017 7/1./2018 E. L. DISEASE - EA EMPLOYE _._.,... _.—. ..,., . $ 1,000,000 If yes, dsscrilie under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 E Professional Liability MPL1863490.16 12/1/2016 12/1/2017 Each Claim $110001000 F Pollution. Liability 0100052798-0 7/1/2017 7/1/2018 Each Pollution Condition $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) V v^ Those usual to the insured°s operations. �NIN � Parks, Recreation & Community Services Agency - M23 20 Civic Center Plaza P.O. BOX 1988 Santa Ana, CA 92702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Josh Ferenc/FR flC 1988-20114 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD INS025 onurii} POLICY NUMBER: BCS0036349 COMMERCIAL GENERAL LIABILITY CG 20 33 0413 THIS ENDORSEMENT CHANGES THE, POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section 11 — Who Is An Insured is amended to include as an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property 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 ongoing operations for the additional insured. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opiinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering ng activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. CG 20 33 04 13 @ Insurance Services Office, Inc., 2012 Page 1 of 2 2. "Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment 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 b. 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 subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement you have entered into with the additional insured; or 2. Available under the applicable limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 ® Insurance Services Office, Inc., 2012 CG 20 33 04 13 POLICY NUMBER: 13CS0036349 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE, READ IT CAREFULLY. 0 a W91#1 AT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations " _ ANY PERSON OR ORGANIZATION WHEN YOU AND ALL LOCATIONS SUCH PERSON OR ORGANIZATION HAVE AGREED IN WRITING IN A CONTRACT OR AGREEMENT, EXECUTED PRIOR TO THE "OCCURRENCE" TO WHICH THIS INSURANCE APPLIES, THAT SUCH PERSON OR ORGANIZATION BE ADDED AS AN ADDITIONAL INSURED ON YOUR POLICY Information required to complete this Schedule, if not shown above, will be shown in the Declarations. 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" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by lawn and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 9 - e Ae\ C CG 20 37 04 13 @ Insurance Services Office, Inc., 2012 Page 1 of 2 B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits OfInsurance: K coverage provided tothe additional insured is required byacontract uragreement, the most we will pay on behalf nfthe additional insured is the amount mfinsurance: 1. Required bythe contract nraQmaement�or 2. Available under the applicable Limits of Insurance shown inthe Declarations; whichever imless. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 @ Insurance Services Office, Inc., 2012 CG 20 37 04 13 [3 COMMERCIAL AUTO CA 88 10 01 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO) COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement, COVERAGE INDEX SUBJECT ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT ACCIDENTAL AIRBAG DEPLOYMENT AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS AMENDED FELLOW EMPLOYEE EXCLUSION AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE BROAD FORM INSURED BODILY INJURY REDEFINED EMPLOYEES AS INSUREDS (including employee hired auto) EXTENDED CANCELLATION CONDITION EXTRA EXPENSE — BROADENED COVERAGE GLASS REPAIR — WAIVER OF DEDUCTIBLE HIRED AUTO PHYSICAL DAMAGE (including employee hired auto and loss of use) HIRED AUTO COVERAGE TERRITORY LOAN f LEASE GAP PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) PERSONAL EFFECTS COVERAGE PHYSICAL DAMAGE — ADDITIONAL TRANSPORTATION EXPENSE COVERAGE RENTAL REIMBU'RSEMEN'T SUPPLEMENTARY PAYMENTS TOWING AND LABOR TWO OR MORE DEDUCTIBLES UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION II — LIABILITY COVERAGE is amended as follows: 1. BROAD FORM INSURED PROVISION NUMBER 3 12 19 5 13 1 22 2 23 10 15 6 20 14 16 11 8 9 4 7 17 18 20 SECTION II — LIABILITY COVERAGE, paragraph A.I. —WHO IS AN INSURED is amended to include the following as an insured: d. Any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period. However, "insured" does not include any organization that: (1) Is a partnership or joint venture; or 6�m (2) Is an insured under any other automobile policy; or ' \ G ,' (3) Has exhausted its Limit of Insurance under any other automobile policy.611, z Paragraph d. (2) of this provision does not apply to a policy written to appl c4fl y %s of this policy. �+ +e. Any organization you newly acquire or form, other than a partnership or joinOrnture„ of which you own more than 50 percent of the voting stock. This automatic coverage is afforded only for 180 days from the date of acquisition, or formation. However, coverage under this provision does not apply: (1) If there is similar insurance or a self-insured retention plan available to that organization; @ 2013 Liberty Mutual insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 7 (2) Ifthe LmitsofInsurance cf any other insurance policy have been exhausted; or (3) To ~bodily injury" or "property damage" that occurred before you acquired or formed the organization. 2. EMPLOYEES AS INSUREDS SECTONU|—LIAB|LIlY COVERAGE, paragraph &1.—WHO |SANINSURED is amended tninclude the following amaninsured: [ Any "employee" mfyours while using a covered ^ewhm you do not own, hire mrborrow, but only for acts within the scope of their employment by you, Insurance provided bythis endorsement isexcess over any other insurance available toany ~empUoyee^ 9. An "employee" of yours while operating an ~auto" hired or borrowed under a written contract or agreement in that "employee's" name, with your panwiaoiwn, while performing duties related to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement iyexcess over any other insurance available tothe ~emnp|oyee~ 3. ADDITIONAL INSURED BYCONTRACT, AGREEMENT OR PERMIT SECTION U —Lk4B|LUY COVERAGE, paragraph A.1. —WHO IS AN INSURED is amended to include the following amaninsured: h. Any person or organization with respect to the npenation, maintenance or use of covered "auto", provided that you and such person or organization have agreed in e written contract, agreement, or permit issued to you by governmental or public authmri1y, to add such persom, or organization, or governmental orpublic authority tothis policy eoan"inoured. However, such person nrorganization is an "insured": (1) Only with respect tmthe operation, maintenance mruse ofa covered "auto"; (2) Only for "bodily injury" mr"property damage" caused by an "accident" vvh|oh takes place after you executed the written contract or a0reomemt, or the permit has been issued toyou; and (3) Only for the duration nfthat contract, agreement orpermit 4. SUPPLEMENTARY PAYMENTS OECTU(]W U—LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments, paragraphs (2) and WAare replaced bythe foUowing� (2) Up to $3.000 for cost ofbail bonds (including bonds for related traffic violations) required because of en^eooident^mmcover. VVedonot have tVfurnish these bonds. (4) All reasonable expenses incurred by the insured at our request, including actual loss of earnings up to $500 a day because of time off from work. 5. AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisdictions where, by law, fellow employees are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or sim0ar protection, the following provision is added� SECTION U—LIABILITY, exclusion B.5.FELLOW EMPLOYEE does not apply if the "bodily injury" results from the use ofacovered ^aubz you own orhire. , SECTION III — PHYSICAL DAMAGE COVERAGE isamended as follows: G. HIRED AUTO PHYSICAL DAMAGE Paragraph A.4. Coverage Extensions of8ECT|[>N |U| PHYSICAL DAMAGE COVER ended by adding the following: |fhired ''eutos^are covered ~auboe^for Liability Coverage, and ifC h smsofLoss or Collision coverage are provided under the Business Auto Coverage F for you mmm, then the Physical Damage coverages provided are extended to^amtmm^: a. You hire, rent or borrow; or '�DomoLiberty IMvwalInsurance b. Your "employee" hires or rents under a written contract or agreement in that "employee's" name, but only if the damage occurs while the vehicle is being used in the conduct of your business, subject to the following limit and deductible: A. The most we will pay for "loss" in any one "accident" or "loss" is the smallest of: (1) $50,000; or (2) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality, minus a deductible. B, The deductible will be equal to the largest deductible applicable to any owned "auto' for that coverage. C. Subject to the limit, deductible and excess provisions described in this provision, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. D. Subject to a maximum of $1,000 per "accident", we will also cover the actual loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss. E. This coverage extension does not apply to: (1) Any "auto" that is hired, rented or borrowed with a driver; or (2) Any "auto" that is hired, rented or borrowed from your "employee". For the purposes of this provision, SECTION V — DEFINITIONS is amended by adding the following: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. 7. TOWING AND LABOR SECTION III — PHYSICAL DAMAGE COVERAGE, paragraph A.2. Towing, is amended by the addition of the following: We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, "light truck" or "medium truck" is disabled: a. For private passenger type vehicles, we will pay up to $50 per disablement. b. For "light trucks", we will pay up to $50 per disablement. "Light trucks" are trucks that have a gross vehicle weight (GVW) of 10,000 pounds or less. For "medium trucks" , we will pay up to $150 per disablement. "Medium trucks" are trucks that have a gross vehicle weight (GVW) of 10,001 — 20,000 pounds. However, the labor must be performed at the place of disablement. 8. PHYSICAL DAMAGE - ADDITIONAL TRANSPORTATION EXPENSE COVERAGE����a�3y Paragraph AA.a., Coverage Extension of SECTION III — PHYSICAL DAMAG:t�``VERAGE, ids a ` ed to provide a limit of $50 per day and a maximum limit of $1,500 rd� OO 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 7 10. 11. 12 13. CA 88 10 01 13 RENTAL REIMBURSEMENT SECTION III — PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: a. We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of an "auto" because of "accident" or "loss", to an "auto" for which we also pay a "loss" under Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for those expenses incurred after the first 24 hours following the "accident" or "loss" to the covered "auto." b. Rental Reimbursement will be based on the rental of a comparable vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for the period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. C. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your tools and equipment from the covered "auto". d. This coverage does not apply unless you have a business necessity that other "autos" available for your use and operation cannot fill. e. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Paragraph 4. Coverage Extension. f. No deductible applies to this coverage. For the purposes of this endorsement provision, materials and equipment do not include "personal effects" as defined in provision 11. EXTRA EXPENSE - BROADENED COVERAGE Under SECTION III -- PHYSICAL DAMAGE COVERAGE, A. COVERAGE, we will pay for the expense of returning a stolen covered "auto" to you. The maximum amount we will pay is $1,000. PERSONAL EFFECTS COVERAGE A. SECTEON III — PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $600 for "personal effects" stolen with the "auto." The insurance provided under this provision is excess over any other collectible insurance. B. SECTION V — DEFINITIONS is amended by adding the following: For the purposes of this provision, "personal effects" mean tangible property that is worn or carried by an insured." "Personal effects" does not include tools, equipment, jewelry, money or securities. ACCIDENTAL AIRBAG DEPLOYMENT SECTION Ill — PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS is amended by adding the following: If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for "loss" relating to mechanical breakdown does not apply to the accidental discharge of an airbag. Any insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturer's warranty. However, we agree to pay any deductible applicable to the Qti%coverage or warranty. ��� ��e' ,� AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION III — PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS, exception 4.c. and 4.d. is deleted and replaced with the following: © 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. aragra � pJWIusions Page 4 of 7 Exclusion 4.c. and 4.d. do not apply to: a. Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is permanently installed in the covered "auto" at the time of the "loss" and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto" and physical damage coverages are provided for the covered "auto"; or If the "loss" occurs solely to audio, visual or data electronic equipment or accessories used with this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a $100 deductible. 14. LOAN 1 LEASE GAP COVERAGE A. Paragraph C., LIMIT OF INSURANCE of SECTION III — PHYSICAL DAMAGE COVERAGE is amended by adding the following: The most we will pay for a "total loss" to a covered "auto" owned by or leased to you in any one "accident" is the greater of the, Balance due under the terms of the loan or lease to which the damaged covered "auto" is subject at the time of the "loss" less the amount of: a. Overdue payments and financial penalties associated with those payments as of the date of the "loss", b. Financial penalties imposed under a lease due to high mileage, excessive use or abnormal wear and tear, C. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease, d. Transfer or rollover balances from previous loans or leases, e. Final payment due under a "Balloon Loan", f. The dollar amount of any unrepaired damage which occurred prior to the "total loss" of a covered "auto", g. Security deposits not refunded by a lessor, h. All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto", L Any amount representing taxes, j. Loan or lease termination fees; or 2, The actual cash value of the damage or stolen property as of the time of the "loss". An adjustment for depreciation and physical condition will be made in determining the actual cash value at the time of the "loss". This adjustment is not applicable in Texas. B. ADDITIONAL CONDITIONS C. This coverage applies only to the original loan for which the covered "auto" that incurred the loss serves as collateral, or lease written on the covered "auto" that incurred the loss. SECTION V — DEFINTIONS is changed by adding the following: As used in this endorsement provision, the following definitions apply: ., "Total loss" means a "loss" in which the cost of repairs plus the salvas value. A "balloon loan" is one with periodic payments that are insufficient to of the loan, thereby requiring a large final payment. © 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 7 15. GLASS REPAIR - WAIVER OF DEDUCTIBLE Paragraph D. Deductible of SECTION III — PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: No deductible applies to glass damage if the glass is repaired rather than replaced. 16. PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION III — PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: The deductible does not apply to "loss" caused by collision to such covered "auto" of the private passenger type or light weight truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as maximum loaded weight the "auto" is designed to carry while it is: a. In the charge of an "insured"; b. Legally parked; and C., Unoccupied. The "loss" must be reported to the, police authorities within 24 hours of known damage. The total amount of the damage to the covered "auto" must exceed the deductible shown in the Declarations. This provision does, not apply to any "loss" if the covered "auto" is in the charge of any person or organization engaged in the automobile business. Under SECTION IIII PHYSICAL DAMAGE COVERAGE, if two or more company policies or coverage forms apply to the same accident, the following applies to paragraph D. Deductible: a. If the applicable Business Auto deductible is the smaller (or smallest) deductible it will be waived; or b. If the applicable Business Auto deductible is not the smaller (or smallest) deductible it will be reduced by the amount of the smaller (or smallest) deductible; or C. If the loss involves two or more Business Auto coverage forms or policies the smaller (or smallest) deductible wilil be waived. For the purpose of this endorsement company means any company that is part of the Liberty Mutual Group. SECTION IV — BUSINESS AUTO CONDITIONS is amended as follows: 18, UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV- BUSINESS AUTO CONDITIONS, Paragraph B.2. is amended by adding the following: If you unintentionally fail to disclose any hazards, exposures or material facts existing as of the inception date or renewal date of the Business Auto Coverage Form, the coverage afforded by this Ipolicy will not be prejudiced. However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to collect additional premium for any such hazard or exposure. 19. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS SECTION IV — BUSINESS AUTO CONDITIONS, paragraph A.2.a. is replaced in its entirety by the following: a. In the event of "accident", claim, "suit" or "loss", you must promptly notify us when it is known to: 1. You, if you are an individual; &M 2. A partner, if you are a partnership; 3. Member, if you are a limited liability company; 1?1e 4. An executive officer or the "employee" designated by the Named Insured ch notice, if you are a corporation. \X� 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc., w4h its permission. Page 6 of 7 To the extent possible, notice to us should include: (1) How, when and where the "accident" or "loss" took place; (2) The "insureds" name and address-, and (3) The names and addresses of any injured persons and witnesses. 20. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV — BUSINESS AUTO CONDITIONS, paragraph A.S., Transfer of Rights of Recovery Against Others to Us, is amended by the addition of the following: If the person or organization has waived those rights before an "accident" or "loss", our rights are waived also. 21. HIRED AUTO COVERAGE TERRITORY SECTION IV — BUSINESS AUTO CONDITIONS, paragraph B.7., Policy Period, Coverage Territory, is amended by the addition of the following: For "autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the insured's responsibility to pay for damages is determined in a "suit", on the merits, in the United States, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with a driver. SECTION V — DEFINITIONS is amended as follows: 22. BODILY INJURY REDEFINED Under SECTION V — DEFINTIONS, definition C. is replaced by the following: "Bodily injury" means physical injury, sickness or disease sustained by a person, including mental anguish, mental injury, shock, fright or death resulting from any of these at any time. COMMMON POLICY CONDITIONS 23. EXTENDED CANCELLATION CONDITION COMMON POLICY CONDITIONS, paragraph A.— CANCELLATION condition applies except as follows: If we cancel for any reason other than nonpayment of premium, we will mail to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. This provision does not apply in those states which require more than 60 days prior notice of cancellation. e O 2013 Liberty MutuaI Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 7