Loading...
HomeMy WebLinkAboutCALIFORNIA BARRICADE RENTALS, INC (2)INSURANCE ON FILE A-2020.037 WORK MAY PROCEED 1NTIL INSURANCE EXPIRES 1209�) CLERK OF COUNCIL DATE: AGREEMENT BETWEEN THE CITY OF SANTA ANA AND Qr(StAs 4, &1 50 THIS AGREEMENT is hereby made and entered into this 3rd day of March, 2020, by and between 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"), and California Barricade Rentals, Inc., a California Corporation ("Consultanf'). w N 0 0 (OUD S P CALIFORNIA BARRICADE RENTALS, INC. RECITALS A. The City issued Request for Proposal ("RFP") 19-113 on November 7, 2019 for various services for City events. City's RFP is incorporated herein by reference as though fully set forth below. B. Consultant submitted a proposal in response to RFP 19-113 and has been selected for award of the contract for traffic barricade equipment and services. B. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional 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: 1. SCOPE OF SERVICES Consultant shall provide traffic barricade equipment and services as outlined in more detail in the scope of services from City's RFP attached as Exhibit "A" and the portion of Consultant's proposal outlining the manner in which it will provide services attached as Exhibit "B." All Exhibits are incorporated by reference as though completely set forth herein. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the fees and rates set forth in consultant's proposal submitted in response to City's RFP and Exhibit "C" of this Agreement. The total sum authorized to be spent under this Agreement shall not exceed $495,292.89 for the entire term of this Agreement. The annual not to exceed amount for this Agreement is $165,000.00. b. This Agreement authorizes payment of an outstanding invoice in the amount of $292.89 dated January 28, 2020 and attached hereto and marked as Exhibit "D." c. City will be invoiced by Consultant monthly. Payment will be made within forty-five (45) days of the date of the invoice. #21732v1 Page 1 of 8 3. TERM The term of this Agreement shall commence on March 3, 2020 and terminate on March 2, 2023, unless terminated earlier in accordance with Section 13, below. 4. INDEPENDENT CONTRACTOR Consultant 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 Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to its employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE -- Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance, which 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 Consultant's negligent operations in the performance of this Agreement, including, without limitation, acts involving vehicles. This insurance policy shall not have an exclusion for sexual molestation. 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) name 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 California State law, Consultant, if Consultant 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 under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. Page 2 of 8 #21732v1 d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished 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. (iv) Consultant shall supply City with fully executed additional insured endorsement. f If Consultant 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 not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, 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 negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section I 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. The Consultant 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 Page 3 of 8 #21732v1 legal proceeding. Notwithstanding the foregoing, to the extent Consultant'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 Consultant. 7. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 8. CONFIDENTIALITY If Consultant received from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant 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. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant and disclosed without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. NOTICE 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, sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: Page 4 of 8 #21732v1 To City: City of Santa Ana City Clerk (M-30) 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 With copy to: Executive Director of Parks, Recreation and Community Services City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, California 92702 Fax (714) 571-4211 And: City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax (714) 647-6515 To Consultant: Ms. Kellie Hurst, Vice President California Barricade Rentals, hie. 1550 East St. Gertrude Place Santa Ana, California 92705 Fax (714) 558-3821 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. 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 facsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth 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. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, 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 and will serve to fully supersede existing Agreement. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, that terms or conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, Page 5 of 8 #21732v1 promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any parties, which are not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant 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 that are the subject to this Agreement performed by City personnel or by other Consultants retained by City. 13. TERMINATION Except as otherwise specified herein, this Agreement may be terminated by the City with thirty (30) days written notice of termination to the Consultant. a. As a condition of such payment, the City may require Consultant to deliver to the City the entire work product completed, as of such date, and in such case, such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes, as the City deems appropriate. b. Payment need not be made for work that fails to meet the standard of performance specified in the Recitals of this Agreement. 14. NON-DISCRIMINATION Provider shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Provider affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. 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 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. Page 6 of 8 #21732v1 16. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United Sates, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below 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: AISY GOMEZ F/ Clerk of the Council 04 APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: LAURA A. ROSSINI Senior Assistant City Attorney [Signatures continue on the next page] Page 7 of 8 #21732v1 CITY OF SANTA ANA XRWTINE RIDGE City Manager RECOMMENDED FOR APPROVAL: �; � ?Z' � P� IS R LOFF cutive Director of Parks, Recreation and Community Services Agency CALIFORNIA BARRICADE RENTALS, INC. Digitally sigrred by Kellie Hurst Kellie DN: CN = Kellie Hurst email = C Hurst i��Ie®califomiabsrricade.com Ir C.5 O = Calilomia Barricade, Date: 2020.02.12 12:28:48.08'00' By: Kellie Hurst Vice President Page 8 of 8 1i21732v1 EXHIBIT A SCOPE OF SERVICES -- Appendix ATTACHMENT 1-E SCOPE OF WORK SERVICE: TRAFFIC CONTROL, EQUIPMENT The City is seeking a company with the capacity to provide traffic control equipment for various events. Below is a sample listing of equipment provided for previous large scale events. • 7-Arrow Boards • 73=I'ype I Barricades (Road Closed, Detour,'I'ransition, Turn Only, etc. • 29-Water Filled Barriers (72x1802) • Traffic Control Technicians • Water truck to fill K-Rails Traffic control plans will be specific for individual events and the contractor is expected to work with various city departments, particularly the Santa Ana Police department and Planning and Building Agency. City of Santa Ana RFP 19-113 Page 15 EXHIBIT B MANNER OF PROVIDING SERVICES MANNER FOR PERFORMING SERVICES OUTLINE 1. Client Initiates event a. Call or email comes in b. Plan is provided or requested 2, Vendor assesses required service a. Physical site review b. Review of plans or equipment list 1. Design of plan if requested c, Engagement with client for additional information 3. Pre -event meeting a. Attend all pre -event meetings scheduled by client b. Engage in questions and receiving of directives 4. Finalization of exact scope a. Vendor and client agree, and have a clear understanding of the scope 5. Event specific proposal a. Vendor provides proposal b. Client accepts proposal i. Issuance of purchase order 6. Vendor engages with water delivery service a. Secure event date b. Communicate volume 7. Vendor's preparation of equipment a. Assess for adequate inventory b. Inspection for cleanliness and maximum reflectivity c. Load and secure equipment for transport to deliver, or pre -stage g. Vendor pre -stages event (if needed) a. Drop equipment in strategic locations for expeditious set-up on event day 9. Event day a. Timely placement of delivered, or pre -staged equipment b. Drive through completed set up i. Adjust placement ii. Add more equipment if needed c. Notify client set-up is complete 10, Pick-up a. Mobilize technicians for timely pickup b. Dispatch adequate number of trucks c. Drive through event area to ensure all equipment is picked up 11. Vendor's issuance of invoice a. Review field documents for accuracy b. Issue accurate and timely invoice c. Address client questions if any 12. Post event meeting a. Attend wrap-up meeting post event b, Engage in feedback, and suggestions for future success c. Express appreciation to all who participated in the execution of the event Page 6 EXHIBIT FEES AND COSTS FEE PROPOSAL Service: TRAFFIC CONTROL EQUIPMENT California Barricade, Inc. is a company with the capacity to provide traffic control equipment for various events, Below is our proposal based on the sample listing of equipment per the RFP. Discounted Extended Price Rental Quantity List Price Price Per Unit Per Day Per Day Arrow Boards 7 $65.00 $35,00 $245.00 Water Filled K-Rail 29 6.60 $3.30 $95.70 Type I Barricade with Sign 73 $1,25 $0.70 $51.10 Service Quantity List Price Price Per Extended Price Occurrence WaterT'ruck Service (29 units) 1 $910.00 $900,00 $900.00 Labor Quantity List Price Per Hour Extended Price Per Technician Per Hour Traffic Control Technician 15 n/a $85.00 $1,275.00 It is understood traffic control plans will be specific for individual events, and that we are expected to work with various city departments, particularly the Santa Ana Police department and Planning and Building Agency. California Barricade has done .so in the past with great success, and will continue to do so. Page 7 EXHIBff D OUTSTANDING INVOICE M3 00,, •t - 55 r% Bill To City of Santa Ana Parks, Recreation & Community Services Agency M-23 20 Civic Center Plaza P.O.8ox 1988 Santa Ana, CA 92702 Invoice 1k Data Terms 6 1111-A 1/28/2020 Net 45 Job Location 450 W.4th St. Santa Ana Corner of 4th St. & Ross Customer Contact Customer Job 11 Purchase Order 9t CBR Job it Julie Castro-Cardena Y 2.9631 Sales Item oty Rate Amount Water Filled K-Rail 12 260.00 3,120.00T W20-2 Detour Ahead 36 x 36 Aluminum Sign 2 57.65 115.30T R34 No Right Turn 24 x 24 Aluminum Sign 2 28.85 57.70T R3.2 No Left Turn 24x24 Aluminum Sign 2 28,85 57,76T M4-8a End Detour 24x18 Aluminum Sign 2 27.00 54.00T M4-10 (R) Detour Right 12x36 Aluminum Sign 4 24.85 99AOT M4.10 (L) Detour Left 1206 Aluminum Sign 2 24.85 49.70'T MM C19 Road Closed Ahead 36 x 36 Aluminum Sign 1 $7,65 57.55T Type IBarricade w/Flasher 4 46.55 186.201' Type I Barricade 17 27.35 464.95T Delivery 12/19 1 190.00 190.00 Allowances -4,554.00 -4,554.00 THANK YOU FOR YOUR BUSINESS. YOU ARE A VALUED CUSTOMER. Subtotal-S101.40 1550 E. Saint Gertrude Place Sales Tax (9.25%) $394.29 Total $292.89 Santa Ana, CA 92705-4613 (800) 327-8844 Toll Free (714) 558-8474 Local Payments/Credits $0,00 (714) 558-3821 Fax California State Contractors License#785733 Balance pu® $292.89 A` RD CERTIFICATE OF LIABILITY INSURANCE DATEIMMIGG""T 10/2/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLYAND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY: OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT. If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may requirean endorsement A statement on this certificate does not confer rights to the certificate holder In Ileu of such endorsement(s). PRODUCER Sarnando Rivas NAM E: ISU Insurance Services - Centinel Agency, LLC PHONE (415)657-2000 FAY Ia151 a57-:9oz Suite 4800 250 Executive Park Blvd 161C N. AA: N9: ADDREss: fernando@isuca.com San Francisco CA 94134 INSURERS AFFORDING COVERAGE NAIC a _ ._ _ California Barricade Rentals Inc 1550 E Saint Gertrude Place Santa Ana92705 1U200 CA 92T 05 INaURERF Xinsele In911ranC Compare 38920 COVFRat`FR _ THIS IS TO CERTIY on,>vr1 SCE LISTED BELOW HAVE BEEN ISSUED REVISION NUMBER: TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OFANY CONTRACT OR OTHER DOCUMENT CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES WITH RESPECT TO WHICH THIS DESCRIBED HEREIN EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED IS SUBJECT TOALL THE TERMS, WSR BY PAID CLAIMS. AD SU LTR TYPEOFINSURANCE POLICY HUMMER Pauffy-W ;6[ EYP X COMMERCIALGENERALLIABILITY LIMITS A CIAIM&MADE EACH OCCURRENCE E 1,000,000 X OCCUR AM ET X PREMISES Ea oconaI, S 100,000 MS0037964 7/1/2019 7/1/2020 MEO EXP (AM are pemRN)§ BxOlndod GENLAGGREGATE LIMITAPPLIE3 PER: PERSONAL &ADV INJURY $ 11000,000 X PIXY PROj ❑ LOG LAGGREGATE s 2,000,000 JECT TS-COMP/OPAGG $ 2,000,000 OTHER: AUIOMOBRE LIABILITY aenexb $ 11000,000 ED SINGLELIMI eM $ 1,000,000 NYAWO LL OWNED SCHEDULED INJURY (Par pwaDN $ UTOS AUTOS SAA (20) 50 05 63 03 7/1/2019 ]/1/2020 ND"MED NJURY(Par ac wo § IREDAUTOS X AUTOS TY DAMAGE tlem S MBRE1.tALU1B XOCCUR s CES§LIAB CLMMSMADE Vc 0001452-00 ]/1/2019T/1/2020 JA EACH OCCURRENCE § 5 000 000 EO RETENTION §RS gGGREGATES 5 000 000 COMPENSATION 3 PLOYER6'LARTNEW YINMEMBER EXCLUDEDXECUTNE a1EMBE) E%CLUOED7N/{1 ryNNHI EL EACH ACCIDENT $ 1 000 000 90fi36na-39 7/1/2019 7/1/2020 anew FA EMP3AYEE &1,000 E.L DISEASEPTION PnON FOPERAnONS below 000 E ProfesSiOnel Liability E.L. DISEASE -POLICY LIMIT $ 1 000 Ono HPL1B6349D.19 71IJ2019 7/1/2020 F Pollution Liability$1,000, FAoh cW 000 0300052]93-02 7/1/2019 7/1/2020 EaM PWWon COMMon: $1,000,000 (ACORD 101, AtlOitioml PamaMa 6cAAdule, mayM NlaeMURmom FOPEaAT0ta CityAna, Risk spacehmqulmtl) The City of Santa Ana, Riak Management, it's officers, employees, agents, representatives, and volunteers are named as additional insured per farm CG 20 12 04 13 on the GL policy. Primary wording applies. and Non -Contributory Certificate of Insurance shall Provide thirty (30) day Prior written notice of cancellation form UTS-410g (2-11)• per attached CERTIFICATE HOLDER nw[.n�., .�..... City of Santa Ana Risk Management Division 20 Civic Center Plaza 4th Floor Santa Ana, CA 92702 ACORD 25 (2014101) INS026 (201490 112019 L/SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ATTUTHOPoZm REPRESENTATVE (� ' Lh 9erenc/FR 401988-2014 ACI p The ACORD name and logo are registered marks of ACORD M COM Those usual to the insured'.'s operations. ' OEREMARK / COPYRIGHT 2000, AMS SERVICES INC. a POLICY NUMBER:BCS0037964 COMMERCIAL GENERAL LIABILITY CG 2012 0413 THIS ENDORSEI ENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, ADDITION AALL,,! INSURED -STATE OR GOVERNMENTAL AGEN 1Y OR SUBDIVISION OR POLITICAL SUBDIVISION -PERMITS OR AUTHORIZATIONS This endorsement modifies in0rance provided under the following: COMMERCIAL GENERALLIABILITY COVERAGE PART SCHEDULE State Or Governmental Agen Or Subdivision Or Political Subdivision: CITY OF SANTA ANA' RISK MANAGEMENT DI,VISION 20 CIVIC CENTER PLAZA, 4TH FLOOR SANTA ANA, CA 92702 CITY OF SANTA ANA, RISK MANAGEMENT, IT'S OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND VOLUNTEERS ununnauon reuirea to complete this Schedule, if not shown above, will be shown in the Declarations. A Section II — Who Is An Insured is amended to Include 2. This insurance does not apply to: as an additional Insured any state or governmental agency or ubdivision or political a. "Bodily Injury", ' subdivision shown In the Schedule, subject to the personal ad dveP ingriiiury'aarising oor ur following provisions: of operations fi p performed or the federal 1. This Insurance applies only with respect to government, state or municipality; or b. "Bodily injury" or "property damage" operations performed byou or on your behalf for included within the "products -completed which the state or governmental agency or operations hazard", subdivision or Political'subdivision has issued B. With respect to the Insurance afforded to these a permit or authorization), additional insureds, the following is added to However: Section III — Limits Of Insurance: a. The Insurance afforlad to such additional If coverage provided to the additional insured is insured only applies to the extent permitted p regired by a contract or agreement, the most we will on by law; and pay behalf of the additional Insured is the b. If coverage provided to the additional Insured is amount of insurance: 1. Required by the contract or agreement; or requirei by a contract or agreement, the insurance afforded to such 2. Available under the applicable Limits of additional insured wit not be broader than Insurance shown In the Declarations; that which you are required by the contract whichever is less, or agreement to provide for such additional Insured. This endorsement shall not Increase the applicable Limits of Insurance shown in the Declarations. CG 2012 0413 l()l r-/ � Services Office, Inc., 2012 Insured Copy Page 1 of 1 Attached to and forming a part PollcyNo. BCS0037964 THIS INSURANCE COMPANY" NO. 002 Endorsement Effective Date 10-03-19 12:01 A.M., Standard Time CHANGES THE POLICY. PLEASE READ IT CAREFULLY. VIENDMENT OF CANCELLATION NOTICE TO NAMED INSURED AND SCHEDULED PARTY(IES) The following Conditions ore added to the Cancellation Condition: 1. If we cancel this policy for any reason other than nonpayment of premium, we will mail written notice of cancellation to the first Named Insured and to any party(les) at their designated mailing address(es), shown in the Schedule below, at least 30 days before the effective date of cancellation, 2. If we fail to mall such! notice as indicated in 1, above, any coverage afforded to the party(ies) will re- main in effect; a. For the number of days shown in 1. above from the date a written notice of cancellation is actually mailed; b. Until the ofective idate of replacement coverage is obtained elsewhere by the first Named Insured; or c. Until the termination date requested by the Named Insured, whichever occurs first. SCHEDULE Name and Address of Party(ies): CITY OF SANTA ANA RISK MANAGEMENT DIVISION 20 CIVIC CENTER PLAZA, 4TH FLOOR SANTA ANA, CA 9270? CITY OF SANTA ANA,,RISK MANAGEMENT, PT'S OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND VOLUNTEERS AUTHORIZED REPRESENTATIVE. UTS-410g (2-11) I,., hp Page 1 of 1 Insured copy DATE POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 01 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIM' RYAND NONCONTRIBUTORY- O-MER INSURANCE CONDITION This endorsement modifies in urance provided under the following: COMMERCIAL PRO UCTS/COMPLI OPERATIONS LLIIAABILIIY COVERAGE PART The following is added to! the Other Insurance Condition and supersedes !any provision to the contrary: Prlrmry And Noncontributory Insurance This Insurance Is prfrr�ry to and will not seek contribution from any o her Insurance available to an additional in's ed under your policy Provided that: (1) The additional insu+d is a Named Insured under such other Insurance: and CG 20 010413 (2) You have agreed in writing in a contract or agreement that this Insurance would be primary and would not seek contribution from any other insurance available to the additional insured. Services Office, Inc„ 2012 Insured Copy Page 1 of 1 # 100,000 NAIC Excluded reserved. 1,000,0001,000,0002,000,0002,000,0001,000,0001,000,0005,000,0005,000,0001,000,0001,000,0001,000,000 $1,000,000$1,000,000 412972406616188350763892010200 6/30/2020 rights DATE (MM/DD/YYYY) $$$$$$$$$$$$$$$$$$ (415)657-2002 All LIMITS OTH-ER person)accident) FAX(A/C, No): person) INJURY (Per(Per occurrence) one ADV NUMBER: & (Ea ACCIDENT (Any INJURYINJURY OCCURRENCEOCCURRENCE CORPORATION. EXP COVERAGEPERSTATUTE accident) EACH accident) X EACHDAMAGE TO RENTEDPREMISESMEDPERSONALGENERAL AGGREGATEPRODUCTS - COMP/OP AGG Employee Benefits COMBINED SINGLE LIMIT(EaBODILYBODILYPROPERTY DAMAGE(PerEACHAGGREGATEE.L.E.L. DISEASE - EA EMPLOYEEE.L. DISEASE - POLICY LIMIT Each Pollution Condition:Each Claim: REVISION ACORD AFFORDING ACORD 7/1/20217/1/20217/1/20217/1/20217/1/20217/1/2021 of POLICY EXP (MM/DD/YYYY) INSURER(S) 1988-2014 © marks (415)657-2000 Scottsdale Insurance CompanyAmerican Fire and Casualty CompanyTrisura Specialty Insurance CompanyState Compensation Ins. FundKinsale Insurance CompanyHiscox Insurance Company Inc Fernando Rivasfernando@isuca.com 7/1/20207/1/20207/1/20207/1/20207/1/20207/1/2020 POLICY EFF (MM/DD/YYYY) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS. registered CONTACTNAME:PHONE(A/C, No, Ext):E-MAILADDRESS:INSURER A :INSURER B :INSURER C :INSURER D :INSURER E :INSURER F :CANCELLATION AUTHORIZED REPRESENTATIVE Josh Ferenc/FR are logo and 20-21 GL,WC,BA,XS,E&O,PL POLICY NUMBER name NUMBER: BCS0038754BAA (21) 58 05 63 03TXS 0001452-019063608-200100119060-0MPL1863490.20 ACORD WVD SUBR The XX INSD N / A ADDL CERTIFICATE OF LIABILITY INSURANCE 9413492705 Y / N CERTIFICATE CACA LOC OCCUROCCURCLAIMS-MADE $ SCHEDULEDAUTOSNON-OWNEDAUTOS XX X PRO-JECT RETENTION under TYPE OF INSURANCE CLAIMS-MADE (2014/01) OWNED describe 25 COMMERCIAL GENERAL LIABILITYPOLICYOTHER:ANY AUTOALLAUTOSHIRED AUTOSUMBRELLA LIABEXCESS LIABDED (201401) City of Santa AnaRisk Management Division20 Civic Center Plaza4th FloorSanta Ana, CA 92702 yes, XXXXX GEN'L AGGREGATE LIMIT APPLIES PER:AUTOMOBILE LIABILITY Pollution LiabilityProfessional Liability WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED?(Mandatory in NH)IfDESCRIPTION OF OPERATIONS below THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE 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 tothe terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to thecertificate holder in lieu of such endorsement(s).THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE 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. ABCDEF PRODUCER ISU Insurance Services - Centinel Agency, LLC250 Executive Park BlvdSuite 4800San Francisco INSURED California Barricade Rentals Inc1550 E Saint Gertrude PlaceSanta Ana COVERAGES LTR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)The City of Santa Ana, Risk Management, it’s officers, employees, agents, representatives, and volunteersare named as additional insured per form CG 20 12 12 19 on the GL policy. Primary and Non-Contributorywording applies.Additional Insured and Primary & Non-Contributory Wording applies per form AC 85 43 06 18 on the Autopolicy.CERTIFICATE HOLDERACORDINS025 INSR COPYRIGHT 2000, AMS SERVICES INC. COMMENTS/REMARKS Certificate of Insurance shall provide thirty (30) day prior written notice ofcancellation per attached form UTS-410g (2-11).Those usual to the insured's operations. OFREMARK 1 of 1 Page CG 20 12 12 19 the following is added to COMMERCIAL GENERAL LIABILITY "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or "Bodily injury" or "property damage" included within the "products-completed operations hazard". OFFICERS, EMPLOYEES, AGENTS, a. b. Available under the applicable limits of insurance; This insurance does not apply to: Required by the contract or agreement; or 2. With respect to the insurance afforded to these additional insureds,Section III – Limits Of Insurance:If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: whichever is less. This endorsement shall not increase the applicable limits of insurance. B. 1. 2. SCHEDULE is amended to © Insurance Services Office, Inc., 2018 BCS0038754 AGENCY OR SUBDIVISION OR POLITICAL insured only applies to the extent permitted by law; and 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. SUBDIVISION – PERMITS OR AUTHORIZATIONS The insurance afforded to such additional a. b. operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. However: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This insurance applies only with respect to ADDITIONAL INSURED – STATE OR GOVERNMENTAL 1. COMMERCIAL GENERAL LIABILITY COVERAGE PART include as an additional insured any state or governmental agency or subdivision or political subdivision shown in the Schedule, subject to the following provisions: State Or Governmental Agency Or Subdivision Or Political Subdivision:CITY OF SANTA ANA RISK MANAGEMENT DIVISION 20 CIVIC CENTER PLAZA, 4TH FLOOR SANTA ANA, CA 92702 CITY OF SANTA ANA, RISK MANAGEMENT, IT’S REPRESENTATIVES, AND VOLUNTEERS Information required to complete this Schedule, if not shown above, will be shown in the Declarations. POLICY NUMBER: CG 20 12 12 19 This endorsement modifies insurance provided under the following: A. Section II – Who Is An Insured ! ! !! 2 pg! ! 2 Qbhf! DH!31!12!23!2: DPNNFSDJBM!HFOFSBM!MJBCJMJUZ bhsffnfou!uibu!uijt!jotvsbodf!xpvme!cf!qsjnbsz!boe!xpvme!opu!tffl!dpousjcvujpo!gspn!boz!puifs!jotvsbodf!bwbjmbcmf!up!uif!beejujpobm!jotvsfe/! !Zpv!ibwf!bhsffe!jo!xsjujoh!jo!b!dpousbdu!ps! )3* ª!Jotvsbodf!Tfswjdft!Pggjdf-!Jod/-!3129!! Puifs!Jotvsbodf! PUIFS!JOTVSBODF!DPOEJUJPO! CDT1149865 QSJNBSZ!BOE!OPODPOUSJCVUPSZ!—! ! boe!tvqfstfeft!boz!qspwjtjpo!up!uif! Uif!beejujpobm!jotvsfe!jt!b!Obnfe!Jotvsfe!voefs!tvdi!puifs!jotvsbodf<!boe!! OVNCFS; ! )2*! UIJT!FOEPSTFNFOU!DIBOHFT!UIF!QPMJDZ/!!QMFBTF!SFBE!JU!DBSFGVMMZ/! !DPNNFSDJBM!HFOFSBM!MJBCJMJUZ!DPWFSBHF!QBSU!MJRVPS!MJBCJMJUZ!DPWFSBHF!QBSU!QSPEVDUT0DPNQMFUFE!PQFSBUJPOT!MJBCJMJUZ!DPWFSBHF!QBSU!Qsjnbsz!Boe!Opodpousjcvupsz!Jotvsbodf!!Uijt!jotvsbodf!jt!qsjnbsz!up!bo e!xjmm!opu!tffl!dpousjcvujpo!gspn!boz!puifs!jotvsbodf!bwbjmbcmf!up!bo!beejujpobm!jotvsfe!voefs!zpvs!qpmjdz!qspwjefe!uibu;! !! QPMJDZ DH!31!12!23!2: !!!Uijt!foepstfnfou!npejgjft!jotvsbodf!qspwjefe!voefs!uif!gpmmpxjoh;!!!Uif!gpmmpxjoh!jt!beefe!up!uif!Dpoejujpodpousbsz;!!! n- e- AGENT NO. 047BF DATE Y. ENDORSEMENTNO. days before the effective date party(ies) at their designated TATIVE any 30 , ASE READ IT CAREFULL to : NAMED INSURED and 1 at least , of 1 above, any coverage afforded to the party(ies) will r . er than nonpayment of premium, we will mail written SCHEDULE 1 Page AUTHORIZED REPRESEN above from the date a written notice of cancellation is actually CALIFORNIA BARRICADE RENTALS INC. 1. NGES THE POLICY. PLE to the Cancellation Condition (ies): E DATE date of replacement coverage is obtained elsewhere by the first Named I 2020 shown in the Schedule below - , AMENDMENT OF CANCELLATION NOTICE TO tive 01 - A.M. STANDARD TIME) : FIRST NAMED INSURED AND SCHEDULED PARTY(IES)REPRESENTATIVES, AND VOLUNTEERS 07 on. (12:01 ti ; a ENDORSEMENT EFFECTIV THIS ENDORSEMENT CHA in effect For the number of days shown in mailedUntil the effecsured; orUntil the termination date requested by the Named Insured If we cancel this policy for any reason othnotice of cancellation to the first Named Insuredmailing address(es)of cancellIf we fail to mail such notice as indicated in main a.b.c.whichever occurs first.Name and Address of Party CITY OF SANTA ANARISK MANAGEMENT DIVISION20 CIVIC CENTER PLAZA, 4TH FLOORSANTA ANA, CA 92702AGENTS, 11) - . The following Conditions are added1.2 10g (2 4 POLICY NUMBER - ATTACHED TO AND FORMING A PART OF BCS0038754 UTS 3518947 26 1220142410162215171113181921 Page1of7 AC85430618 COMMERCIALAUTO PROVISIONNUMBER isamendedtoincludethe A.1.WhoIsAnInsured 2018LibertyMutualInsurance ,Paragraph isamendedasfollows: 14 74 ENHANCEMENTENDORSEMENT 16 69 CALIFORNIABUSINESSAUTOCOVERAGE )32* IncludescopyrightedmaterialofInsuranceServicesOffice,Inc.,withitspermission. CBB THISENDORSEMENTCHANGESTHEPOLICY.PLEASEREADITCAREFULLY. Isapartnershiporjointventure;orIsan"insured"underanyotherautomobilepolicyexceptapolicywrittenspecificallytoapplyinexcessofthispolicy;orHasexhausteditsLimitofInsuranceorhaditspolicyterminatedunderanyo therautomobilepolicy. Anylegallyincorporatedsubsidiaryofwhichyouownmorethan50percentinterestduringthepolicyperiod.Coverageisaffordedonlyfor90daysfromthedateofacquisitionorformation.However,"insured"doesnotincludeanyorgani zationthat: (1)(2)(3) OVNCFS; BUSINESSAUTOCOVERAGEFORMfollowingasan"insured": SECTIONII-LIABILITYCOVERAGEd. QPMJDZ Thisendorsementmodifiesinsuranceprovidedunderthefollowing:Withrespecttocoverageaffordedbythisendorsement,theprovisionsofthepolicyapplyunlessmodifiedbytheendorsement.Ifthepolicytowhichthisendorsementi sattachedalsocontainsaBusinessAutoCoverageEnhancementEndorsementwithaspecificstatenamedinthetitle,thisendorsementdoesnotapplytovehiclesgaragedinthatspecifiedstate.COVERAGEINDEXSUBJECT ACCIDENTALAIRBAGDEPLOYMENTADDITIONALINSUREDBYCONTRACT,AGREEMENTORPERMITAMENDEDDUTIESINTHEEVENTOFACCIDENT,CLAIM,SUITORLOSSAMENDEDFELLOWEMPLOYEEEXCLUSIONAUDIO,VISUALANDDATAELECTRONICEQUIPMENTCOVERAGEB ODILYINJURYREDEFINEDEMPLOYEESASINSUREDS(IncludingEmployeeHiredAuto)EXTRAEXPENSE-BROADENEDCOVERAGEGLASSREPAIR-WAIVEROFDEDUCTIBLEHIREDAUTOCOVERAGETERRITORYHIREDAUTOPHYSICALDAMAGE(IncludingEmployeeHired Auto)LOAN/LEASEGAP(CoverageNotAvailableInNewYork)NEWLYFORMEDORACQUIREDSUBSIDIARIESPARKEDAUTOCOLLISIONCOVERAGE(WAIVEROFDEDUCTIBLE)PERSONALEFFECTSCOVERAGEPHYSICALDAMAGE-ADDITIONALTRANSPORTATIONEXPENSEC OVERAGEPHYSICALDAMAGEDEDUCTIBLE-VEHICLETRACKINGSYSTEMPRIMARYANDNON-CONTRIBUTORY-WRITTENCONTRACTORWRITTENAGREEMENT23RENTALREIMBURSEMENTSUPPLEMENTARYPAYMENTSTOWINGANDLABORTWOORMOREDEDUCTIBLESUNINTENTIO NALFAILURETODISCLOSEHAZARDSWAIVEROFTRANSFEROFRIGHTSOFRECOVERYAGAINSTOTHERSTOUS SECTIONII-LIABILITYCOVERAGE1.NEWLYFORMEDORACQUIREDSUBSIDIARIESAC85430618 09fo46 Page2of7 ,Paragraphs ,isamendedby isamendedtoincludetheisamendedtoincludethe doesnotapplyifthe"bodilyinjury"results A.1.WhoIsAnInsuredA.1.WhoIsAnInsured isamendedasfollows: SECTIONIII-PHYSICALDAMAGECOVERAGE doesnotapplyto"bodilyinjury"or"propertydamage"that 2018LibertyMutualInsurance of CoverageExtensions,2.a.SupplementaryPayments ,Paragraph,Paragraph d. , B.5.FellowEmployee ,Exclusion IncludescopyrightedmaterialofInsuranceServicesOffice,Inc.,withitspermission. A.4.CoverageExtensions arereplacedbythefollowing: Onlywithrespecttotheoperation,maintenanceoruseofacovered"auto";Onlyfor"bodilyinjury"or"propertydamage"causedbyan"accident"whichtakesplaceafteryouexecutedthewrittencontractorwrittenagreement,ortheperm ithasbeenissuedtoyou;andOnlyforthedurationofthatcontract,agreementorpermit. (4) Coverageunderthisprovisionoccurredbeforeyouacquiredorformedtheorganization.Any"employee"ofyourswhileusingacovered"auto"youdonotown,hireorborrowbutonlyforactswithinthescopeoftheiremploymentbyyou.Insur anceprovidedbythisendorsementisexcessoveranyotherinsuranceavailabletoany"employee".Any"employee"ofyourswhileoperatingan"auto"hiredorborrowedunderawrittencontractoragreementinthat"employeeÓs"name,with yourpermission,whileperformingdutiesrelatedtotheconductofyourbusinessandwithinthescopeoftheiremployment.Insuranceprovidedbythisendorsementisexcessoveranyotherinsuranceavailabletothe"employee".Anypers onororganizationwithrespecttotheoperation,maintenanceoruseofacovered"auto",providedthatyouandsuchpersonororganizationhaveagreedinawrittencontract,writtenagreement,orpermitissuedtoyoubygovernmentalorp ublicauthority,toaddsuchperson,ororganization,orgovernmentalorpublicauthoritytothispolicyasan"insured".However,suchpersonororganizationisan"insured":The"insured"isrequiredtosubmitaclaimtoanyotherinsu rertowhichcoveragecouldapplyfordefenseandindemnity.Unlessthe"insured"hasagreedinwritingtoprimarynoncontributorywordingperenhancementnumber24,thispolicyisexcessoveranyothercollectibleinsurance.Upto$3, 000forcostofbailbonds(includingbondsforrelatedtrafficviolations)requiredbecauseofan"accident"wecover.Wedonothavetofurnishthesebonds.Allreasonableexpensesincurredbythe"insured"atourrequest,includingac tuallossofearningsupto$500adaybecauseoftimeofffromwork. (1)(2)(3) and followingasan"insured":followingasan"insured":Inthosejurisdictionswhere,bylaw,fellow"employees"arenotentitledtotheprotectionaffordedtotheemployerbytheworkerscompensationexclusivityrule,orsimilarprote ction,thefollowingprovi-sionisadded:fromtheuseofacovered"auto"youownorhireifyouhaveworkerscompensationinsuranceinforceforallofyour"employees"atthetimeof"loss".Thiscoverageisexcessoveranyothercollecti bleinsurance.Paragraphaddingthefollowing:Ifhired"autos"arecovered"autos"forLiabilityCoverage,andifComprehensive,SpecifiedCausesofLossorCollisioncoverageareprovidedundertheBusinessAutoCoverageFormfora ny"auto"youown,thenthePhysicalDamagecoveragesprovidedareextendedto"autos": SECTIONII-LIABILITYCOVERAGEe.f.SECTIONII-LIABILITYCOVERAGEg.SECTIONII-LIABILITYCOVERAGE(2)(2)(4)SECTIONII-LIABILITY 2.EMPLOYEESASINSUREDS3.ADDITIONALINSUREDBYCONTRACT,AGREEMENTORPERMIT4.SUPPLEMENTARYPAYMENTS5.AMENDEDFELLOWEMPLOYEEEXCLUSIONSECTIONIII-PHYSICALDAMAGECOVERAGE6.HIREDAUTOPHYSICALDAMAGEAC85430618 09fo47 58056303002806270 Page3of7 ,isamendedbytheadditionof SECTIONIII-PHYSICALDAMAGE of ,isamendedbyaddingthefollowing: A.2.Towing ,Paragraph 2018LibertyMutualInsurance IncludescopyrightedmaterialofInsuranceServicesOffice,Inc.,withitspermission. ,isamendedtoprovidealimitof$50perdayandamaximumlimitof$1,500. A.4.a.CoverageExtensions,TransportationExpenses $50,000;orTheactualcashvalueofthedamagedorstolenpropertyasofthetimeofthe"loss";orThecostofrepairingorreplacingthedamagedorstolenpropertywithotherpropertyoflikekindandquality,minusadeductible.Any"auto "thatishired,rentedorborrowedwithadriver;orAny"auto"thatishired,rentedorborrowedfromyour"employee"oranymemberofyour"employeeÓs"household. Youhire,rentorborrow;orYour"employee"hiresorrentsunderawrittencontractoragreementinthat"employeeÓs"name,butonlyifthedamageoccurswhilethevehicleisbeingusedintheconductofyourbusiness,Themostwewillpayfo r"loss"inanyone"accident"or"loss"isthesmallestof:Thedeductiblewillbeequaltothelargestdeductibleapplicabletoanyowned"auto"forthatcoverage.Subjecttothelimit,deductibleandexcessprovisionsdescribedinthis provision,wewillprovidecoverageequaltothebroadestcoverageapplicabletoanycovered"auto"youown.Subjecttoamaximumof$1,000per"accident",wewillalsocovertheactuallossofuseofthehired"auto"ifitresultsfroman"a ccident",youarelegallyliableandthelessorincursanactualfinancialloss.Thiscoverageextensiondoesnotapplyto:Forprivatepassengertypevehicles,wewillpayupto$75perdisablement.For"lighttrucks",wewillpayupto$7 5perdisablement."Lighttrucks"aretrucksthathaveagrossvehicleweight(GVW)of10,000poundsorless.For"mediumtrucks",wewillpayupto$150perdisablement."Mediumtrucks"aretrucksthathaveagrossvehicleweight(GVW)of1 0,001-20,000pounds.Wewillpayupto$75perdayforrentalreimbursementexpensesincurredbyyoufortherentalofan"auto"becauseof"accident"or"loss",toan"auto"forwhichwealsopaya"loss"underComprehensive,SpecifiedCau sesofLossorCollisionCoverages.Wewillpayonlyforthoseex-pensesincurredafterthefirst24hoursfollowingthe"accident"or"loss"tothecovered"auto."RentalReimbursementrequirestherentalofacomparableorlesservehic le,whichinmanycasesmaybesubstantiallylessthan$75perday,andwillonlybeallowedfortheperiodoftimeitshouldtaketorepairorreplacethevehiclewithreasonablespeedandsimilarquality,uptoamaximumof30days.Wewillals opayupto$500forreasonableandnecessaryexpensesincurredbyyoutoremoveandreplaceyourtoolsandequipmentfromthecovered"auto".Thislimitisexcessoveranyothercollectibleinsurance. (1)(2)(3)(1)(2) subjecttothefollowinglimitanddeductible:Coverageprovidedunderthisextensionisexcessoveranyothercollectibleinsuranceavailableatthetimeof"loss".thefollowing:Wewillpaytowingandlaborcostsincurred,uptothel imitsshownbelow,eachtimeacovered"auto"classifiedandratedasaprivatepassengertype,"lighttruck"or"mediumtruck"isdisabled:However,thelabormustbeperformedattheplaceofdisablement.Paragraph a.b.a.b.c.d.e.SECTIONIII-PHYSICALDAMAGECOVERAGEa.b.c.COVERAGESECTIONIII-PHYSICALDAMAGECOVERAGE,A.Coveragea.b.c. 7.TOWINGANDLABOR8.PHYSICALDAMAGE-ADDITIONALTRANSPORTATIONEXPENSECOVERAGE9.RENTALREIMBURSEMENTAC85430618 09fo48 Page4of7 oftheexceptiontoexclu- a. ,wewillpayfortheexpenseof ,isamendedbyaddingthefollowing: ,Paragraph isamendedbyaddingthefollowing: isamendedbyaddingthefollowing: A.Coverage , . A.Coverage , B.Exclusions , 2018LibertyMutualInsurance 11.B. isamendedbyaddingthefollowing: 4.CoverageExtension donotapplyto: 4.d. isdeletedandreplacedwiththefollowing: IncludescopyrightedmaterialofInsuranceServicesOffice,Inc.,withitspermission. and 4.d. 4.c. and Permanentlyinstalledinthecovered"auto"atthetimeofthe"loss"orremovablefromahousingunitthatispermanentlyinstalledinthecovered"auto";andDesignedtobesolelyoperatedbyusefromthepowerfromthe"autoÓs"electric alsystem;andPhysicaldamagecoveragesareprovidedforthecovered"auto". SECTIONIII-PHYSICALDAMAGECOVERAGE 4.c. Thiscoveragedoesnotapplyunlessyouhaveabusinessnecessitythatother"autos"availableforyouruseandoperationcannotfill.If"loss"resultsfromthetotaltheftofacovered"auto"oftheprivatepassengertype,wewillpayund erthiscoverageonlythatamountofyourrentalreimbursementexpenseswhichisnotalreadyprovidedunderParagraphNodeductibleappliestothiscoverage.Theinsuranceprovidedunderthisextensionisexcessoveranyothercollect ibleinsurance.IfyouhavepurchasedComprehensiveCoverageonthispolicyforan"auto"youownandthat"auto"isstolen,wewillpay,withoutapplicationofadeductible,upto$600for"personaleffects"stolenwiththe"auto."Thein suranceprovidedunderthisprovisionisexcessoveranyothercollectibleinsurance.Forthepurposesofthisprovision,"personaleffects"meantangiblepropertythatiswornorcarriedbyan"insured.""Personaleffects"doesnoti ncludetools,equipment,jewelry,moneyorsecuri-ties.Electronicequipmentthatreceivesortransmitsaudio,visualordatasignals,whetherornotde-signedsolelyforthereproductionofsound,iftheequipmentis:Ifthe"loss"o ccurssolelytoaudio,visualordataelectronicequipmentoraccessoriesusedwiththisequipment,thenourobligationtopayfor,repair,returnorreplacedamagedorstolenpropertywillbereducedbya$100deductible. (1)(2)(3) IfthispolicyalsoprovidesRentalReimbursementCoverageyoupurchased,thecoverageprovidedbythisEnhancementEndorsementisinadditiontothecoverageyoupurchased.Forthepurposesofthisendorsementprovision,materials andequipmentdonotinclude"personaleffects"asdefinedinprovisionUnderreturningastolencovered"auto"toyou.Themaximumamountwewillpayis$1,000.IfyouhavepurchasedComprehensiveorCollisionCoverageunderthispolic y,theexclusionfor"loss"relatingtomechanicalbreakdowndoesnotapplytotheaccidentaldischargeofanairbag.AnyinsuranceweprovideshallbeexcessoveranyothercollectibleinsuranceorreimbursementbymanufacturerÓswar ranty.However,weagreetopayanydeductibleapplicabletotheothercoverageorwarranty.AnyComprehensiveDeductibleshownintheDeclarationswillbereducedby50%forany"loss"causedbytheftifthevehicleisequippedwithaveh icletrackingdevicesuchasaradiotrackingdeviceoraglobalpositiondeviceandthatdevicewasthemethodofrecoveryofthevehicle.sionsExclusions d.e.f.g.A.SECTIONIII-PHYSICALDAMAGECOVERAGEB.SECTIONV-DEFINITIONSSECTIONIII-PHYSICALDAMAGECOVERAGESECTIONIII-PHYSICALDAMAGECOVERAGE,D.Deductible,SECTIONIII-PHYSICALDAMAGECOVERAGE,B.Exclusionsa. 10.EXTRAEXPENSE-BROADENEDCOVERAGE11.PERSONALEFFECTSCOVERAGE12.ACCIDENTALAIRBAGDEPLOYMENT13.PHYSICALDAMAGEDEDUCTIBLE-VEHICLETRACKINGSYSTEM14.AUDIO,VISUALANDDATAELECTRONICEQUIPMENTCOVERAGEAC85430618 09fo49 58056303002806270 Page5of7 isamendedby isamendedbytheadditionisamendedbytheaddition SECTIONIII-PHYSICALDAMAGECOVERAGE 2018LibertyMutualInsurance of ischangedbyaddingthefollowing: SECTIONIII-PHYSICALDAMAGECOVERAGESECTIONIII-PHYSICALDAMAGECOVERAGE ofof IncludescopyrightedmaterialofInsuranceServicesOffice,Inc.,withitspermission. C.LimitOfInsurance Overduepaymentsandfinancialpenaltiesassociatedwiththosepaymentsasofthedateofthe"loss";Financialpenaltiesimposedunderaleaseduetohighmileage,excessiveuseorabnormalwearandtear;Costsforextendedwarranties ,CreditLifeInsurance,Health,AccidentorDisabilityInsur-ancepurchasedwiththeloanorlease;Transferorrolloverbalancesfrompreviousloansorleases;Finalpaymentdueundera"BalloonLoan";Thedollaramountofanyunrepa ireddamagewhichoccurredpriortothe"totalloss"ofacovered"auto";Securitydepositsnotrefundedbyalessor;Allrefundspayableorpaidtoyouasaresultoftheearlyterminationofaleaseagreementorasaresultoftheearlytermi nationofanywarrantyorextendedserviceagreementonacovered"auto";Anyamountrepresentingtaxes;Loanorleaseterminationfees;or D.DeductibleD.Deductible Balancedueunderthetermsoftheloanorleasetowhichthedamagedcovered"auto"issubjectatthetimeofthe"loss"lesstheamountof:Theactualcashvalueofthedamageorstolenpropertyasofthetimeofthe"loss".Anadjustmentforde preciationandphysicalconditionwillbemadeindeterminingtheactualcashvalueatthetimeofthe"loss".ThisadjustmentisnotapplicableinTexas. a.b.c.d.e.f.g.h.i.j. Paragraphaddingthefollowing:Themostwewillpayfora"totalloss"toacovered"auto"ownedbyorleasedtoyouinanyone"accident"isthegreaterofthe:Thiscoverageappliesonlytotheoriginalloanforwhichthecovered"auto"that incurredthe"loss"servesascollateral,orleasewrittenonthecovered"auto"thatincurredthe"loss".Asusedinthisendorsementprovision,thefollowingdefinitionsapply:"Totalloss"meansa"loss"inwhichthecostofrepairsp lusthesalvagevalueexceedstheactualcashvalue.A"balloonloan"isonewithperiodicpaymentsthatareinsufficienttorepaythebalanceoverthetermoftheloan,therebyrequiringalargefinalpayment.Inthechargeofan"insured" ;Legallyparked;andUnoccupied. 1.2. Paragraphofthefollowing:Nodeductibleappliestoglassdamageiftheglassisrepairedratherthanreplaced.Paragraphofthefollowing:Thedeductibledoesnotapplyto"loss"causedbycollisiontosuchcovered"auto"oftheprivat epassengertypeorlightweighttruckwithagrossvehicleweightof10,000lbs.orlessasdefinedbythemanufacturerasmaximumloadedweightthe"auto"isdesignedtocarrywhileitis: A.B.AdditionalConditionsC.SECTIONV-DEFINITIONSa.b.c. 15.LOAN/LEASEGAPCOVERAGE(NotApplicableInNewYork)16.GLASSREPAIR-WAIVEROFDEDUCTIBLE17.PARKEDAUTOCOLLISIONCOVERAGE(WAIVEROFDEDUCTIBLE)AC85430618 09fo50 ,is Page6of7 : D.Deductible isreplacedinitsentiretybythefollow- isamendedbyaddingthefollowing: B.7.PolicyPeriod,CoverageTerritory A.5.TransferOfRightsOfRecoveryAgainst A.2.a. B.2. ,iftwoormorecompanypoliciesorcoverage ,Paragraph ,Paragraph ,Paragraph ,Paragraph isamendedasfollows: 2018LibertyMutualInsurance IncludescopyrightedmaterialofInsuranceServicesOffice,Inc.,withitspermission. ,isamendedbytheadditionofthefollowing: How,whenandwherethe"accident"or"loss"tookplace;The"insuredÓs"nameandaddress;andThenamesandaddressesofanyinjuredpersonsandwitnesses. You,ifyouareanindividual;Apartner,ifyouareapartnership;Member,ifyouarealimitedliabilitycompany;Anexecutiveofficerorthe"employee"designatedbytheNamedInsuredtogivesuchnotice,ifyouareacorporation. (a)(b)(c) SECTIONIII-PHYSICALDAMAGECOVERAGE IftheapplicableBusinessAutodeductibleisthesmaller(orsmallest)deductible,itwillbewaived;orIftheapplicableBusinessAutodeductibleisnotthesmaller(orsmallest)deductible,itwillbereducedbytheamountofthesmal ler(orsmallest)deductible;orIfthe"loss"involvestwoormoreBusinessAutocoverageformsorpolicies,thesmaller(orsmallest)deductiblewillbewaived.Intheeventof"accident",claim,"suit"or"loss",youmustpromptlynot ifyuswhenitisknownto:Totheextentpossible,noticetousshouldinclude:For"autos"hired30daysorless,thecoverageterritoryisanywhereintheworld,providedthatthe"insuredÓs"responsibilitytopayfordamagesisdetermin edina"suit",onthemerits,intheUnitedStates,theterritoriesandpossessionsoftheUnitedStatesofAmerica,PuertoRicoorCanadaorinasettlementweagreeto. (1)(2)(3)(4) The"loss"mustbereportedtothepoliceauthoritieswithin24hoursofknowndamage.Thetotalamountofthedamagetothecovered"auto"mustexceedthedeductibleshownintheDeclarations.Thisprovisiondoesnotapplytoany"loss"if thecovered"auto"isinthechargeofanypersonororganizationengagedintheautomobilebusiness.Underformsapplytothesame"accident",thefollowingappliestoParagraphForthepurposeofthisendorsement,companymeansanycom panythatispartoftheLibertyMutualGroup.Ifyouunintentionallyfailtodiscloseanyhazards,exposuresormaterialfactsexistingasoftheincep-tiondateorrenewaldateoftheBusinessAutoCoverageForm,thecoverageaffordedb ythispolicywillnotbeprejudiced.However,youmustreporttheundisclosedhazardofexposureassoonaspracticableafteritsdiscovery,andwehavetherighttocollectadditionalpremiumforanysuchhazardorexposure.ing:Ifthep ersonororganizationhasinawrittenagreementwaivedthoserightsbeforean"accident"or"loss",ourrightsarewaivedalso.amendedbytheadditionofthefollowing: a.b.c.SECTIONIV-BUSINESSAUTOCONDITIONSSECTIONIV-BUSINESSAUTOCONDITIONSa.SECTIONIV-BUSINESSAUTOCONDITIONSOthersToUsSECTIONIV-BUSINESSAUTOCONDITIONSf. 18.TWOORMOREDEDUCTIBLESSECTIONIV-BUSINESSAUTOCONDITIONS19.UNINTENTIONALFAILURETODISCLOSEHAZARDS20.AMENDEDDUTIESINTHEEVENTOFACCIDENT,CLAIM,SUITORLOSS21.WAIVEROFTRANSFEROFRIGHTSOFRECOVERYAGAINSTOTHERST OUS22.HIREDAUTOCOVERAGETERRITORYAC85430618 09fo51 58056303002806270 Page7of7 isreplacedbythefollowing: C. 2018LibertyMutualInsurance ,Definition SECTIONIV-BUSINESSAUTOCONDITIONS,GeneralConditions,B.5.Other isamendedasfollows: IncludescopyrightedmaterialofInsuranceServicesOffice,Inc.,withitspermission. andsupersedesanyprovisiontothecontrary: SECTIONV-DEFINITIONS Thisextensionofcoveragedoesnotapplytoan"auto"hired,leased,rentedorborrowedwithadriver.Such"insured"isaNamedInsuredundersuchotherinsurance;andYouhaveagreedinawrittencontractorwrittenagreementthatthisi nsurancewouldbeprimaryandwouldnotseekcontributionfromanyotherinsuranceavailabletosuch"insured". ThefollowingisaddedtoThisCoverageFormÓsCoveredAutosLiabilityCoverageisprimarytoandwillnotseekcontributionfromanyotherinsuranceavailabletoan"insured"underyourpolicyprovidedthat:Under"Bodilyinjury"mean sphysicalinjury,sicknessordiseasesustainedbyaperson,includingmentalanguish,mentalinjury,shock,frightordeathresultingfromanyoftheseatanytime. MENTInsurance1.2. 23.PRIMARYANDNON-CONTRIBUTINGIFREQUIREDBYWRITTENCONTRACTORWRITTENAGREE-SECTIONV-DEFINITIONS24.BODILYINJURYREDEFINEDAC85430618 09fo52