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HomeMy WebLinkAboutOVERLAND PACIFIC & CUTLER, INC.INSURANCE NOT ON FILE WORK MAV NOT PROCEED CLERK OF COUNCIL DATE: c- 0 9 2020 MAYOR Miguel A. Pulldo MAYOR PRO TEM Juan Villages COUNCILMEMBERS Phil Bacena Nelida Mendoza David Penalwa Vicente Sarmiento Jose Solodo u CITY OF SANTA ANA PUBLIC WORKS AGENCY 20 Civic Center Plaza . P.O. Box 19aa Santa Ana, California 92702 WNW/ aanta-ana oro July 17, 2020 Overland Pacific & Cutler, Inc. Attn: Mark La Bonte, VP/Managing Director 1 Jenner, Ste. 200 Irvine CA 92618 Re: Extension of Agreement #A-2017-228 for On -Call Right of Way Property ManaLement Services Dear Mr. La Bonte: )Q014-22g i CITY MANAGER Kristine Ridge CITY ATTORNEY Sonia R. Cantalho CLERK OF THE COUNCIL Daisy Gomez Pursuant to Section 3 ("Term") of Agreement No. A-2017-228 ("Agreement"), entered into by Overland Pacific & Cutler, Inc., and the City of Santa Ana, dated August 15, 2017, the term of the Agreement is hereby extended for an additional two (2) year period from August 15, 2020 through August 14, 2022. Any insurance certificates are required to be extended and/or renewed to cover this extension. All other terms and conditions of the Agreement remain unchanged and in full force and effect. Sincerely, ` Gejk Nabil Saba, P.E. Executive Director, Public Works Agency CITY OF SANTA ANA �i ATTEST 1 ` Daisy Gomez, MMC Clerk of the Council APPROVED AS TO FORM O 1 L aH� C & CUTLER n M. Funk BY: Senior Assistant City Attorney SANTA ANA CITY COUNCIL Kristine Ridge 17 City Manager Miguel A. Pulido Juan Viliegas Mwnle Sam anlo David Penal. Jose Solana Phil Bacena Nefida Mendoza Mayor May. Pro T... Waia 5 WW1 WW2 WW3 WaN4 WeN6 fEo® 'Wlleaas®san as .nWalanla-anaom a I solone®san Pln a Osanaana,m nnanduz Msa -:=® Hl_VKL CERTIFICATE OF LIABILITY INSURANCE 141 DATE(MMIDDNYYY) 101082019 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 CERTIFICATE THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURE BY AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDTIONAL INSURED provisions or 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 endorsements . PRODUCER Marsh Risk & Insurance Services NAME. 17901 Von Karmen Avenue, Suite 1100 (949) 3W5800; License #0437153 Irvine, CA 92614 FHONE T — , ExD we N F Ea L ADDRESS: _ WSURERLS] AFFORDING COVERAGE iNSURER A: Harfford Accident &Indemnity Co. NAICe 22357 INSURE52723-STNDfiAUWP-0& suaEo Uredantl, Pacific 8 Gullet LLG 3750 SchaU(9M Avenue, Suite 150 IxsuRER e : Hartford Casuaft 129424 INSURERc: See Additional Page INSURER D : (ME Insurance Comora$on 39217 Long Beach, CA 90808 INSURER E: _ INSURER F: CDVFRARFS THIS INDICATED. CERTIFICATE EXCLUSIONS INSR LTR A IS TO CERTIFY THAT THE POLICIES NOTWITHSTANDING ANY REQUIREMENT, MAY BE ISSUED OR MAY AND CONDITIONS OF SUCH TYPE OFINSURANCE X COMMERCMLGEN;MLu BNtt CLAIM&MADE X OCCUR OF INSURANCE PERTAIN, POLICIES. INS X ---^---^• Me LISTED BELOW HAVE BELN ISSUED TO TERM OR CONDITION OF ANY CONTRACT THE INSURANCE AFFORDED B" THE POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY POUCV NUMBR M�CYEFF IDUUNHFOU54 OB/102019 THE INSURED OR OTHER DESCRIBED PAID CLAIMS. rtCVILIUIN NUMBER: NAMED ABOVE FOR THE DOCUMENT WITH RESPECT HEREIN IS SUBJECT TO POLICY PERIOD TO WHICH THIS ALL THE TERMS, MMNO� LIMITS DBI10020 EACHOCCURRENCE 5 1,000,000 PREMISES Ea oaurren¢ 5 3Q0,000 MED EXP (Any one Person) $ 10,000 -- PERSONAL&ADVIWURY S 1,000,000 A 5000NHF0064 Q81102019 08/102020 - GEML AGGREGATE LIMITAPPLIES PER: PRO. POLICY Q LOC E OTHER AUTOMOBILELIABILftY X ANV AUTO OWNED AUTOS LED AUTOS ONLY AUTOS X HIRED X NONOWNEO AUTOS ONLY AUTOS ONLY X COMP $1000 X COLL $1000 Giu; R AGGREGATE 11 2,000.OW PRODUCTS -COMPIOP AGO $ 2,000,000 CO INE051 LEU Ee eo Merl 5 5 1,000.000 BODILY INJURY (Per peraon) q BODLY INJURY (Per e¢idem) $ POaac tle DAMAGE — $ EACH OCCURRENCE $ 2,000.000 X UMeRELLALIAB X OCCUR EXCESSLWB CLAIMSJMDE 10RHWAS919 08110Wt9 08110f1020 AGGREGATE $ 2,OW.000 $ DE D X RETENTION 510000 C WORKERS COMPENSATION ANDEMP40YERS•L1AmL YIN OFFCEDRIMEMB REXCWD pj ECIITIVE FN (Mandatory In NH) N!A IOWEAS9914 1 010202 X STATUTE Eftµ $ E.L. EACH ACCIDENT E 1,0M.000 $ 1,W0,000 ) Iryea, tlesmae untla DESCRIPTION OF OPERgT10Ns hebw Professional LiaNlity 100003244 08110 019 08/102020 EL DISEASE-Eq EMPLOYE E.L ODISEASE-POLICY UMR Each Gabn Aggregate g 1,000,000 2,000,000 Deducible 50 gg0 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101. Additional Remarks Schedule, maybe alfached it mare space Is required) City of Santa Asa- its 0l6cers, employees, agents, volunteers and representatives are Included as additional insured where required by written contract wi(h rasped to General Liability. This insurance is primary and nowanutbutory over any existing insurance and limited to liability arising out of the operations of the named insured subject to policy terms and conditions -M respect to General Liability. Errors & Omissions Insurance Company will not provide 30 Day Notice of Cancellation M anyone, except do First Named Insure). Notce of Cancellation applies as per Me attached endorsements EVIEW &APPROVED CERTIFICATE HOLDER MFNTI litric; ..__.. __._.. City of Santa Ana Risk Management, 4th Floor 42019 20 civic Center Raze Santo Ana, CA 92702 S MANT A M. LAM A rnnn ne r.,,.a a,a.,. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES SE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. of Marsh Risk & Insurance Services Mai Mukhedee �vLgvLoor,: 9)1988.2016 ••_ •+........ 11—le dnu 1og0 are registered marke of ACORD AGENCY Marsh Risk 8lnsurance Services POLICY NUMBER CARRIER AGENCY CUSTOMER ID: CN102452723 LOC #: Wine ADDITIONAL REMARKS SCHEDULE Page 2 of 2 NAIC CODE NAMEDINSURED Overland, Pectic 8 Cutler, LLC 3150 Schaufele Avenue Sole 150 Long Beach, CA 90808 EFFECTIVE DATE: The insurance afforded herein for any A person or organization is an additional insured subsidiary not named in this Coverage Part under this provision only for that period of time as a named insured does not apply to injury required by the contract or agreement. or damage with respect to which such insured However, no such person or organization is an is also a named insured under another policy or would be a named insured under such insured under this provision if such person or policy but for its termination or the exhaustion organization is included as an insured by an of its limits of insurance. endorsement issued by us and made a part of 3. Newly Acquired Or Formed Organization this Coverage Part. a. Vendors Any organization you newly acquire or forth, other than a partnership, joint venture or limited Any person(s) or organization(s) (referred to liability company, and over which you maintain below as vendor), but only with respect to "bodily financial interest of more than 50 % of the voting injury" or "property damage" arising "your stock, will qualify as a Named Insured if there is out of products" which are distributed or no other similar insurance available to that sold in the regular course of the vendor's organization. However: business and only if this Coverage Part a. Coverage under this provision is afforded only provides coverage for "bodily injury" or "property damage" included within the until the 180th day after you acquire or form "products -completed operations hazard". the organization or the end of the policy period, whichever is earlier; (1) The insurance afforded the vendor is b. Coverage A does not apply to "bodily injury" subject to the following additional exclusions: or "property damage" that occurred before This insurance does not apply to: you acquired or formed the organization; and c. Coverage B does not apply to "personal and a "Bodily injury" or"property dama e" for O Y yg advertising injury" arising out of an offense which the vendor is obligated to pay committed before you acquired or formed the damages by reason of the assumption of liability in a contract or agreement. organization. 4. Nonowned Watercraft This exclusion does not apply to liability for damages that the vendor With respect to watercraft you do not own that is would have in the absence of the less than 51 feet long and is not bang used to contract or agreement; carry persons for a charge, any person is an (b)Any express warranty unauthorized by insured while operating such watercraft with your you; permission. Any other person or organization responsible for the conduct of such person is (c) Any physical or chemical change in the also an insured, but only with respect to liability product made intentionally by the arising out of the operation of the watercraft, and vendor; only if no other insurance of any kind is available (d) Repackaging, except when unpacked to that person or organization for this liability, solely for the purpose of inspection, However, no person or organization is an insured demonstration, testing, or the with respect to: substitution of parts under instructions EL "Bodily injury" to a co -"employee" of the from the manufacturer, and then repackaged in the original container; person operating the watercraft; or "Property (el Any failure to make such inspections, b. damage" to P Y 9 property owned by, adjustments, tests or servicing as the rented to, in the charge of or occupied by you vendor has agreed to make or normally or the employer of any person who is an undertakes to make in the usual insured under this provision. course of business, in connection with 5. Additional Insureds When Required By the distribution or sale of the products, Written Contract, Written Agreement Or Permit (f) Demonstration, installation, servicing The following person(s) or organization(s) are an or repair operations, except such operations performed at the vendor's additional insured when you have agreed, in a premises in connection with the sale of written contract, written agreement or because of the product; a permit issued by a state or political subdivision, that such person or organization be added as (g) Products which, after distribution or an additional insured on your policy, provided the sale by you, have been labeled or relabeled or used as a container, part injury or damage occurs s'-Asequent to the or ingredient of any other thing or execution of the contract or agreement. substance by or for the vendor; or Page 12of21 V�"v HO00010916 I01I4111 (h) "Bodily injury" or 'property damage" arising out of the sole negligence of the vendor for its own ads or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) The exceptions contained in Sub- paragraphs (d) or (f); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection With the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. b. Lessors Of Equipment (1) Any person(s) or organization(s) from whom you lease equipment; but only with respect to their liability for "bodily injury', "Property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). (2) With respect to the insurance afforded to these additional insureds this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. c. Lessors Of Land Or Premises Any person or organization from whom you lease land or premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land or premises leased to you. With respect to the insurance afforded these additional insureds the following additional exclusions apply: This insurance does not apply to: 1. Any "occurrence' which takes place after you cease to lease that land; or 2 Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. d. Architects, Engineers Or Surveyors Any architect, engineer, or surveyor, but only With respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused whole or in part. by your acts or missi or the ads or HG 00 01 09 16 omissions of those acting on your behalf: (1) In connection with your premises; or (2) In the performance of your ongoing operations performed by you or on your behalf. With respect to the insurance afforded these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", 'property damage" or 'personal and advertising injury' arising out of the rendering of or the failure to render any professional services by or for you, including: 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering 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 services by or for you. e. Permits Issued By State Or Political Subdivisions Any state or political subdivision, but only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. With respect to the insurance afforded these additional insureds, this insurance does not apply to: (1) "Bodily injury", "property damage" or 'personal and advertising injury' arising out of operations performed for the state or municipality; or (2) "Bodily injury" or "property damage' included within the "products -completed operations hazard". f. Any Other Party Any other person or organization who is not an additional insured under Paragraphs a through e. above, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (1) In the performance of your ongoing operations; Page 13 of 21 (2) In connection with your premises owned by or rented to you; or (3) In connection with 'your work" and included within the "products -completed operations hazard", but only if (a) The written contract or agreement requires you to provide such coverage to such additional insured; and (b)This Coverage Part provides coverage for "bodily injury" or "property damage" included within the 'products - completed operations hazard". However: (1) The insurance afforded to such additional insured only applies to the extent permitted by law; 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. With respect to the insurance afforded to these additional insureds, this insurance does not apply to: "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: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering 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 services by or for you. The limits of insurance that apply to additional insureds is described in Section III - Limits Of Insurance. How this insurance applies when other insurance is available to the additional insured is described in the Other Insurance Condition in Section IV - Commercial General Liability C4djons. Page 14 of 21 No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION III - LIMITS OF INSURANCE 1. The Most We Will Pay The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. General Aggregate Limit The General Aggregate Limit is the most we will pay for the sum of: a Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or 'property damage' included in the "products - completed operations hazard" and c. Damages under Coverage B. 3. Products -Completed Operations Aggregate Limit The Products -Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of 'bodily injury" and 'property damage" included in the ')products - completed operations hazard". 4. Personal And Advertising Injury Limit Subject to 2. above, the Personal and Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization. 5. Fach Occurrence Limit Subject to 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Coverage C because of all "bodily injury" and "property damage" arising out of any one "occurrence'. 6. Damage To Premises Rented To You Limit Subject to 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning or explosion, while rented to you or temporarily occupied by you with permission of the owner. HG 00 01 09 16 In the case of damage by fire, lightning or explosion, the Damage to Premises Rented To You Limit applies to all damage proximately caused by the same event, whether such damage results from fire, lightning or explosion or any combination of these. 7. Medical Expense Limit Subject to 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person. 8. How Limits Apply To Additional Insureds If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the most we will pay on behalf of such additional insured is the lesser of: a The limits of insurance specked in the written contract or written agreement; or b. The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to Limits of Insurance shown in the Declarations and described in this Section. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual pedod and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a Notice Of Occurrence Or Offense You or any additional insured must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of an injury or damage arising out of the "occ r ce" or offense. H G 00 01 09 16 � 0 11 q 111 b. Notice Of Claim If a claim is made or "suit" is brought against any insured, you or any additional insured must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You or any additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. Assistance And Cooperation Of The Insured You and any other involved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. Obligations At The Insureds Own Cost No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. e. Additional Insureds Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract or written agreement that this insurance is primary and non-contributory with the additional insured's own insurance. f. Knowledge Of An Occurrence, Offense, Claim Or Suit Paragraphs a and b. apply to you or to any additional insured only when such "occurrence", offense, claim or "suit" is known to: (1) You or any additional insured that is an Individual; (2) Any partner, if you or the additional insured is a partnership; Page 15 of 21 (3) Any manager, if you or the additional insured is a limited liability company; (4) Any "executive officer" or insurance manager, if you or the additional insured is a corporation; (5) Any trustee, if you or the additional insured is a trust; or (6) Any elected or appointed official, if you or the additional insured is a political subdivision or public entity. This duty applies separately to you and any additional insured. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: a To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a Primary Insurance This insurance is primary except when b. below applies. If other insurance is also primary, we will share with all that other insurance by the method described in a below. b. Excessinsurance This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: (1) Your Work That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work", (2) Premises Rented To You That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by yo with permission of the owner: Page 16 of 21 (3) Tenant Liability That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner, (4) Aircraft, Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I - Coverage A - Bodily Injury And Property Damage Liability; (5) Property Damage To Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage' to borrowed equipment or the use of elevators to the extent not subject to Exclusion j. of Section I - Coverage A - Bodily Injury And Property Damage Liability; (6) When You Are Added As An Additional Insured To Other Insurance Any other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or (7) When You Add Others As An Additional Insured To This insurance Any other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this coverage part. (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. (b)Primary And Non -Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement, or permit that this insurance is primary and non- contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. HG 00 01 09 16 Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self -insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that Is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichevercomes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must kee record of the information we need f pre HG 00 01 0916 101i41 computation, and send us copies at such times as we may request. 6. Representations a. When You Accept This Policy By accepting this policy, you agree: (1) The statements in the Declarations are accurate and complete; (2) Those statements are based upon representations you made to us; and (3) We have issued this policy in reliance upon your representations. b. Unirterttional Failure To Disclose Hazards If unintentionally you should fail to disclose all hazards relating to the conduct of your business that exist at the inception date of this Coverage Part, we shall not deny coverage under this Coverage Part because of such failure. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or"suit"is brought. 8. Transfer Of Rights Of Recovery Against Others To Us a. Transfer Of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to Impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the Page 17 of 21 Policy Number: 10 UUN HF0064 Effective Date: 08/10/2019 - 08/10/2020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) This policy is subject to the fallowing additional Conditions: A. If this policy is cancelled by the Company, other than for nonpayment of premium, notice of such cancellation will be provided at least thirty (30) days in advance of the cancellation effective date to the certificate holders) with mailing addresses on file with the agent of record or the Company. B. If this policy is cancelled by the Company for nonpayment of premium, or by the insured, notice of such cancellation will be provided within (10) days of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. Form IH 03 13 06 11 It notice is mailed, proof of mailing to the last known mailing address of the certificate holder(s) on file with the agent of record or the Company will be sufficient proof of notice. Any notification rights provided by this endorsement apply only to active certificate holder(s) who were Issued a certificate of insurance applicable to this policy's term. Failure to provide such notice to the certificate holder(s) will not amend or extend the date the cancellation becomes effective, nor will it negate cancellation of the policy. Failure to send notice shall impose no liability of any kind upon the Company or its agents or representatives. 1,TheE,ar��� D!1 Page 1 of 1 Policy Number. 10 RHU JA8919 Effective Date: 08/10/2019 - 08/10/2020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) This policy Is subject to the following additional Conditions: A. If this policy is cancelled by the Company, other than for nonpayment of premium, notice of such cancellation will be provided at least thirty (30) days in advance of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. & If this policy is cancelled by the Company for nonpayment of premium, or by the insured, notice of such cancellation will be provided within (10) days of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. Form IH 03 13 06 11 3 If notice is mailed, pmof of mailing to the last known maiing address of the certificate holder(s) on file with the agent of record or the Company will be sufficient proof of notice. Any notification rights provided by this endorsement apply only to active certificate holder(a) who were ssued a certificate of insurance applicable to this )ollcy's term. !-allure to provide such notice to the certificate holder(s) will not amend or extend the date the cancellation becomes effective, nor will it negate cancellation of the policy. Failure to send notice shall impose no liability of any kind upon the Company or its agents or representatives. Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLh Y. PLEASE READ IT CAREFULLY, NOTICE OF CANCELLATION TO ERTIFICATE HOLDER(S) Policy Number: 10 WE AS9914 Endorsement Number: Effective Date: 08/10/19 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: OVERLAND, PACIFIC & CUTLER, LLC 3760 SCHAUFELE AVE STE 150 LONG BEACH CA 90808 This policy is subject to the following additional Conditions: A. If this policy is cancelled by the Company, other than for non-payment of premium, notice of such cancellation will be provided at least thirty (30) days in advance of the cancellation effective date to the certificate holders) with mailing addresses on file With the agent of record or the Company. B. If this policy is cancelled by the Company for non-payment of premium, or by the insured, notice of such cancellation will be provided within ten (10) days of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. Form WC 99 03 94 Printed in U.S.A. Process Date: 08/09/19 If notice is mailed, proof of mailing to the last known mailing address of the Certificate holder(s) on file with the agent of record or the Company will be sufficient proof of notice. Any notification rights provided by this endorsement apply only to active certificate holder(s) who were issued a certificate of insurance applicable to this policy's term. Failure to provide such notice to the certificate holders) will not amend or extend the date the cancellation becomes effective, nor will it negate cancellation of the policy. Failure to send notice shall impose no liability of any kind upon the Company or its agents or representatives_ O� 1 The Httfcrd Policy Expiration Date: 08/10/20