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HomeMy WebLinkAboutSUPERIOR PROPERTY SERVICES, INC. (4)i,,acR,iNCE ON FILE V.W, ri MAY PROCEED tA01- INSURANCE EXPIRES MAYOR /•�O'.�1 o Vicente Samniento ll0 N MAYOR PRO TEM „LttfK OF COUNCIL L0 David Penaloza UAI E: COUNCILMEMBERS Phil Bacema Johnathan Ryan Hernandez Jessie Lopez Nelida Mendoza Thai Viet Phan 0, PRCS U)(SiIivic- C-41-0s) Fypr CITY OF SANTA ANA CITY ATTORNEY'S OFFICE 20 Civic Center Plaza • P.O. Box 1988 Santa Ana, California 92702 www.santa-ana.ora March 8, 2021 Superior Property Services, Inc. Attention: Mr. Ronald L. Bruneck, President 9129 Perkins Street Pico Rivera, CA 90660 Re: Second and Final Extension of Consultant Agreement No. 2018-168. Dear Mr. Bruneck: A-2018-168-02 CITY MANAGER Kristine Ridge CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Daisy Gomez Pursuant to Section 3 ("Term") of Agreement No. A-2018-168 dated June 19, 2018, entered into by Superior Property Services, Inc. and the City of Santa Ana ("City"), the City hereby exercises its second and final one-year optional extension of the Agreement. The Agreement is hereby extended from July 1, 2021 to June 30, 2022. The insurance certificates are required to be extended and/or renewed to cover this extension. All other terms and conditions of the Agreement as amended remain unchanged and in full force and effect. Please acknowledge receipt and agreement to the extension by signing below and returning a signed copy of this extension to the City. Si 14, c Rudloff Executive Director of Parks, Recreation and Community Services Agency CITY OF SANTA ANA: Kristine stine Ridge/ City Manager Vlcente5amdento OaNd Penal.. Thai Viet Phan Maya, Mayor Pm Tem. Ward 2 Ward rmientonmetaanaam daaamdeaRammiana.om tahmea,mia-maam ATTEST: Daisy Gomez, CIVIC Clerk of Council SANTA ANA CITY COUNCIL Jamie Lopez PI M Barad. Johnathan Ryan Hemm dhz Nelida Mendoza Ward3 Wanda Ward5 Wards a,midlooez,Maameana om ateaearmasonlaana-am Wanhemand,,aya,mme-ananm nmendonddamnha-ana om A-2018-168-02 APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: XgIgo- A . Reyes Laura A. Rossini Chief Assistant City Attorney [Second extension -Superior Property Services] SANTA ANA CITY COUNCIL M[enle Barmknlo U."al Penalcee Thal Yrtl Phan Jeawo Lepea Maya. Mayor Pro Tem Waal t WndJ Wards �mienb�sanlaane om Epe b EhanAsaala-aryaoIeselehoeXAsanM-anaom Superior Property Services, Inc. Ronald L. Bruneck President Phil Be.. JohnaOan Ryan Hemantlea NeWa Mery Word WaN5 W.m5 ab.ro.0oanW h tl 1 neMoaa®ean Digitally ngned ancine by FFa. Francine R. Villareal wnarcal Date:2020.09.22 11s2:W -orl 'a` Rom® CERTIFICATE OF LIABILITY INSURANCE DAT6/ 19/2020 [MMIDDIYYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL 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 endorsement(s). PRODUCER Arthur J. Gallagher & Co. Insurance Brokers of CA Inc. License #0726293 18201 Von Kerman Ave Suite 200 Irvine CA92612 CONTACT HONE FA% . 949-349-9800 ac xo:949-349-9900 Me. ADDRESS - INSURERS AFFORDING COVERAGE NAICd INSURER A: Nationwide Mutual Insurance Company 23787 INSURED SUPEPRO-0 Superior Property Services, Inc. 9129 Perkins Street INSURER B: Nationwide Mutual Fire Insurance Company 23779 INSURER C: Accredited Surety and Casualty Company, Inc INsuRER O: Pico Rivera CA 90660 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER-20971112070 RFVICInN NIIMRFR. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR rypE OF INSURANCE ADDLSUBR POLICY NUMBER POLICY SIT MMIDD/YYYY POLICY EXP MMIDD LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR Y Y ACP 3020842080 6/22/2020 6/22/2021 EACH OCCURRENCE $1,D00,000 DAMAGE TO RENTED PREMISES Ea occurrence $50,000 MED UP (Any one person) $1,000 PERSONAL S ADV INJURY $1.000,000 AGGREGATE LIMIT APPLI ES PER: POLICY [X] UECT LOC GENERALAGGREGATE $2.000,000 GENT %t PRODUCTS-COMP/OP AGG $2,000,000 $ OTHER: B AUTOMOBILE LIABILITY Y Y ACID 3028842080 6/22/2020 6/22/2021 COMBINED SINGLE LIMIT Ea accident) $1,D00,000 BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS IX ( BODILY INJURY Per accitlent) $ X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTYDAMAGE Per accident $ UMBRELLALIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION$ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN 1ATCA160018301 6122/202D 6/22/2021 X STF UTE EORH E.L. EACH ACCIDENT $1,000,000 ANYPROPRIETDRIPARTNERIEXECUTIVE OFFICERIMEMBERE%CLUDED9 ❑ NIA E.L. DISEASE -EA EMPLOYEE $1,000,D00 (Mandatary in NH) If yea, describe under E.L. DISEASE. POLICY LIMIT $1.000,000 DESCRIPTION OF OPERATIONS be. DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) The City of Santa Ana, its officers, employees, agents, volunteers and representatives are additional insureds when you have agreed, in a written contract or written agreement, only with respects to the General Liability, Umbrella and Business Auto as per business liability coverage forms CG 20 33 04 13, CG 20 37 04 13 and CA 88 10 01 13. Primary and non-contributory wording is included as per form CG 20 01 04 13. A waiver of subrogation is included regarding the General Liability as per form CG 24 04 05 09. Certificate of Insurance shall provide thirty (30) day prior written notice of cancellation. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS. Risk Management Division 20 Civic Center Plaza, 4th floor AU HORQED REPRESENTATIVE Santa Ana CA 92702 ys RiekManagmlmlDhvlpn g�� � REVIEWED & APPROVED BY: ©1988-2015 ACORD C '�4Bii:lllP.l" Fa+Ltr.�n.a �;�l1.lne�f ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD `` auk Management Analyse COMMERCIAL GENERAL LIABILITY CG 72 8812 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS ENHANCEMENT ENDORSEMENT INCLUDING MEDICAL PAYMENTS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Lost Key Coverage 1. Under Section I — Coverages, Coverage A Bodily Injury And Property Damage Liability, coverage is extended to include the following: If a customer's master or grand key, excluding electronic key card, is lost, damaged or stolen while in your care, custody or control we will pay the cost of replacing the keys, including the master lock and all keys used in the same lock, the cost of adjusting locks to accept the new keys, or the cost to replace the locks, whichever is less. 2. Limit of Insurance — For the purpose of this coverage, the most we will pay is $10,000 per "occurrence". B. Voluntary Property Damage 1. Under Section I — Coverages, Coverage A Bodily Injury And Property Damage Liability, coverage is extended to include the following: At your request, we will pay for "property damage" to property of others caused by you and while in your possession, arising out of your business operations and occurring during the policy period. 2. Limit of Insurance — For the purpose of this coverage the most we will pay is $1,500 per "occurrence". C. Non -Owned Watercraft Under Section I — Coverages, Coverage A Bodily Injury And Property Damage Liability, 2. Exclusions Exclusion g. Aircraft, Auto Or Watercraft Paragraph (2) (a) is replaced with: (a) Less than 51 feet long; and C. Non -Owned Watercraft Under Section I — Coverages, Coverage A Bodily Injury And Property Damage Liability, 2. Exclusions Exclusion g. Aircraft, Auto Or Watercraft Paragraph (2) (a) is replaced with: (a) Less than 51 feet long; and D. Expanded Property Damage Coverage 1. For the purposes of this endorsement only: Section I — Coverages, Coverage A Bodily Injury And Property Damage Liability, 2. Exclusions, Exclusion j. Damage To Property is amended as follows: a. Paragraphs (3), (5), and (6) are deleted in their entirety. b. Paragraph (4) is deleted in its entirety and replaced with: (4) Personal property in the care custody, or control of the insured: (a) For storage or sale at premises you own, rent or occupy; or (b) While being transported by any aircraft, "auto", or watercraft owned or operated by or rented to or loaned to any insured. c. The coverage provided by this endorsement does not apply to .,property damage": (1) Arising out of the disappearance or loss of use of personal property; or (2) Included in the "products -completed operations hazard". CG 72 88 12 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Paae 1 of 5 g, �;W1�i:I11F,pJ=�' RIAMmuganad INAsi n REviewm 6 APPRovm By: ��' R6k Management Analyst CG 72 88 12 16 2. Limit of Insurance - The most we will pay for loss arising out of any one 'occurrence" is $5,000. 3. Deductible - Our obligation to pay for a covered loss applies only to the amount of loss in excess of $250. We will pay the deductible amount to effect settlement of any claim or "suit' and upon notification having been taken you shall promptly reimburse us for the deductible as has been paid by us. This insurance is primary to any expanded damage coverage provided by a separate endorsement attached to this policy, and it will supplant any deductible in said endorsement. E. Damage To Premises Rented To You 1. Under Section I — Coverages, Coverage A Bodily Injury And Property Damage Liability, the last paragraph of 2. Exclusions is replaced with: If Damage To Premises Rented To You is not otherwise excluded, Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke, or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III — Limits Of Insurance. 2. Under Section III — Limits Of Insurance, Paragraph 6. is replaced with: 6. 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, explosion, smoke or sprinkler leakage, while rented to you or temporarily occupied by you with permission of the owner. The limit is increased to $1,000,000. 3. Under Section IV — Commercial General Liability Conditions, Condition 4. Other Insurance, b. Excess Insurance (1) (a) (ii) is replaced with: (if) That is Fire, Lightning, Explosion, Smoke, or Sprinkler leakage insurance for premises rented to you or temporarily occupied by you with permission of the owner. F. Supplementary Payments Under Section I — Coverages, Supplementary Payments — Coverages A and B Paragraphs 1.b. and 1.d. are replaced with: b. Up to $2,500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. G. Newly Formed And Acquired Organizations Under Section II — Who Is An Insured Paragraph 3.a. is replaced with: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; H. Additional Insured — Automatic Status When Required In An Agreement Or Contract With You Section II — Who Is An Insured is amended to include: 4. Any person(s) or organization(s) described in Paragraphs a. — d. below with whom you have agreed in writing in a contract or written agreement that such person or organization be added as an additional insured on your policy during the policy period shown in the Declarations. The person or organization added as an insured by this endorsement is an insured only for liability due to: a. Lessors of Leased Equipment 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). This insurance does not apply to any ..occurrence" which takes place after the lease expires. However, their status as additional insured under this policy ends when their lease, contract, or agreement with you for such leased equipment expires. Page 2 of 5 Includes copyrighted material of Insurance Services Office, Inc., with its permission. CG 72 88 12 16 Risk MotagnnmfDitislon REmEwi D & APPRdN® BY: e �' Risk Management Analyst CG 72 88 12 16 b. Managers or Lessors of Premises d. Owners, Lessees, or Contractors with with respect to liability arising out of the respect to liability for "bodily injury", ownership, maintenance, or use of that "property damage", or "personal and part of the premises you own, rent, advertising injury" caused, in whole or in lease, or occupy. part, by: This insurance does not apply to: (1) Your acts or omissions; or (1) Any "occurrence" which takes place (2) The acts or omissions of those after you cease to be a tenant in acting on your behalf; that premises. in the performance of your ongoing (2) Structural alterations, new con- operations performed for that struction or demolition operations additional insured, whether the work performed by or on behalf of the is performed by you or on your person or organization. behalf. However, their status as additional The insurance does not apply to: insured under this policy ends when you (1) "Bodily injury", "property damage", cease to be a tenant of such premises. or "personal and advertising injury' c. State or Political Subdivision — arising out of the rendering of or the Permits Relating to Premises with failure to render any professional respect to the following hazards for architectural, engineering, or survey which the state or political subdivision services, including: has issued a permit or authorization in (a) The preparing, approving, or connection with premises you own, rent failing to prepare or approve or control and to which this insurance maps, shop drawings, opinions, applies: reports, survey, field orders, (1) The existence, maintenance, repair, change orders, or drawings and construction, erection, or removal of specifications: or advertising signs, awnings, (b) Supervisory, inspection, archi- canopies, cellar entrances, coal tectural, or engineering activ- holes, driveways, manholes, ities. marquees, hoist away openings, 2 "Bodily injury' or "property dama e' () Y l Y 9 sidewalk vaults, street banners, or occurring after: decorations and similar exposures; (a) All work, including materials, or parts, or equipment furnished in 2 The construction, erection, or () connection with such work, on removal of elevators; or the project (other than service, The ownership, maintenance, or use of maintenance or repairs) to be any elevators covered by this insurance. performed by or on behalf of the This insurance does not apply to: additional insured(s) at the (1) "Bodily injury" or "property damage" location of the covered operations has been completed; or "personal or advertising injury" or arising out of operations performed for the state or municipality; or (b) That portion of "your work" out of which the injury or damage 2 "Bodily injury" or "property dama e" () Y 1 y' 9 arises has been put to its included within the "products- intended use by any person or completed operations hazard". organization other than another However, such state or political contractor or subcontractor subdivision's status as additional engaged in performing insured under this policy ends when the operations for a principal as a permit ends. part of the same project. CG 72 88 12 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. pane 3 of 5 -,.. i Risk Mvageniad DM2inn REVIEwm 6 APPFovBJ BY: F R.V&-WAf � Risk Management Matyst CG 72 88 12 16 However, a person or organization's status as additional insured under this policy ends when your operations for that additional insured are completed. With respect to the insurance afforded to such additional insureds a. — d. described above the following is added to the 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: 1. Required by the contract or agreement: or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. However, the insurance afforded to such additional insureds a. — d. described above: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the contract or agreement to provide such additional insured. Aggregate Limit Per Project Under Section III — Limits Of Insurance The following paragraph is added to Paragraph 2: The General Aggregate Limit under Section III Limits Of Insurance applies separately to each of your construction projects away from premises owned by or rented to you. J. Medical Payments Under Section III — Limits Of Insurance, Paragraph 7. is replaced with: 7. Subject to 5. above, the higher of: a. $10,000; or b. The amount shown in the Declarations for Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by one person. This coverage does not apply if Coverage C — Medical Payments is excluded either by the provisions of any coverage forms attached to the policy or by endorsement. K. Knowledge Of An Occurrence Under Section IV — Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit: e. Knowledge of an occurrence, offense, claim or suit by an agent or employee of any insured shall not in itself constitute knowledge of the insured unless you, a partner, if you are a partnership; or an executive officer, or insurance manager, if you are a corporation receives such notice of an occurrence, offense, claim, or suit from the agent or employee. f. The requirements in Paragraph b. will not be considered breached unless there is knowledge of occurrence as outlined in Paragraph a. above. L. Unintentional Failure To Disclose Hazard Under Section IV — Commercial General Liability Conditions, Condition 6. Representations the following paragraph is added: d. Your failure to disclose all hazards or prior "occurrences" or offenses existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior "occurrences" or offenses is not intentional. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non - renewal. M. Waiver Of Subrogation Under Section IV — Commercial General Liability Conditions, 8. Transfer Of Rights Of Recovery Against Others To Us the following paragraph is added: If required by a written contract executed prior to loss, we waive any right of subrogation we may have against the contracting person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". Page 4 of 5 Includes copyrighted material of Insurance Services Office, Inc., with its permission. CG 72 88 12 16 _ RiskMmwgemmtDi Sian xo RenEvvEo 6 APPRW®Bv: 8' F w.o:.tie P.. V:1lraa�° �'. - Ruk Management Malys[ N. Liberalization Under Section IV — Commercial General Liability Conditions, the following condition is added: 10. Liberalization If we revise this coverage form to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revision is effective in your state. CG72881216 O. Broadened Bodily Injury Definition (Mental Anguish) Under Section V — Definitions Definition 3. "Bodily Injury' is replaced with: 3. "Bodily injury" means physical injury, sickness, or disease to a person and if arising out of the foregoing, mental anguish, mental injury, shock, or humiliation, including death at any time resulting therefrom. All terms and conditions of this policy apply unless modified by this endorsement. CG 72 88 12 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Pace 5 of 5 R1& MR,agawd DMsim REVIEWED&{}Vet APPROVED BY.7 [ I U. ,Z,4 Z. "Al Risk Management Malyst COMMERCIAL AUTO AC 70 05 03 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO PROTECTION - GOLD This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SUMMARY OF COVERAGES A. Effect of This Endorsement B. Newly Acquired or Formed Entities C. Employees as Insureds — Nonowned Autos D. Additional Insured by Contract, Permit or Agreement E. Supplementary Payments — Bail Bonds F. Supplementary Payments — Loss of Earnings G. Personal Effects and Property of Others Extension H. Prejudgment Interest Coverage I. Fellow Employee — Officer, Managers and Supervisors J. Hired Auto Physical Damage K. Temporary Substitute Autos — Physical Damage Coverage L. Expanded Towing Coverage M. Auto Loan or Lease Coverage N. Original Equipment Manufacturer Parts — Leased Private Passenger Types O. Deductible Amendments P. Rental Reimbursement Coverage Q. Expanded Transportation Expense R. Extra Expense — Stolen Autos S. Physical Damage Limit of Insurance T. New Vehicle Replacement Cast U. Physical Damage Coverage Extension V. Transfer of Rights of Recovery Against Others To Us W. Section IV — Business Auto Conditions — Notice of and Knowledge of Occurrence X. Hired Car Coverage Territory Y. Emergency Lock Out Z. Cancellation Condition AC 70 05 03 16 Includes copyrighted material of Insurance Services Office, Inc. with its permission RuhMvwganvaDhgs1an Rt EWER & APPRO BY: F.u'zViC 1 Rak Manager nt Mayst COMMERCIAL AUTO AC 70 05 0316 A. EFFECT OF THIS ENDORSEMENT Coverage provided under this policy is modified by the provisions of this endorsement. If there is any conflict between the provisions of this endorsement and the provision(s) of any state - specific endorsement also attached to this poli- cy, then the provision(s) of the state -specific endorsement shall apply instead of the provi- sions of this endorsement that are in conflict, but only to the extent of the conflict, and only to the extent necessary to bring such provisions into conformance with the state requirement(s) contained in the provision(s) of the state -specific endorsement. B. NEWLY ACQUIRED OR FORMED ENTITIES The Named Insured shown in the Declarations is amended to include any organization you newly acquire or form, other than a partnership, joint venture, or limited liability company, and over which you maintain ownership or majority (more than 50%) interest; if there is no other similar in- surance available to that organization. Coverage under this provision is afforded until the 180t" day after you acquire or form the organization or the end of the policy period, whichever is later. C. EMPLOYEES AS INSUREDS — NONOWNED AUTOS The following is added to paragraph A.I. Who Is An Insured of SECTION II — COVERED AUTOS LIABILITY COVERAGE: d. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your per- sonal affairs. D. ADDITIONAL INSURED BY CONTRACT, PERMIT OR AGREEMENT The following is added to A.I. Who Is An In- sured of SECTION II — COVERED AUTOS LIABILITY COVERAGE: Any person or organization that you are re- quired to name as an additional insured in a written contract or agreement that is executed or signed by you prior to a "bodily injury" or "property damage" occurrence is an "insured" for Covered Auto Liability coverage. How- ever, with respect to covered "autos", such person or organization is an insured only to the extent that person or organization qualifies as an "insured" under A.1. Who is an Insured of SECTION II — COVERED AUTOS LIABILITY COVERAGE: If specifically required by the written contract or agreement referenced in the paragraph above, any coverage provided by this endorsement to an additional insured shall be primary and any other valid and collectible insurance avail- able to the additional insured shall be non- contributory with this insurance. If the written contract does not require this coverage to be primary and the additional insured's coverage to be non-contributory, then this insurance will be excess over any other valid and collectible insur- ance available to the additional insured. E. SUPPLEMENTARY PAYMENTS — BAIL BONDS Supplementary Payments of SECTION II — COVERED AUTOS LIABILITY COVERAGE is revised as follows: (2) Up to $2,500 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. F. SUPPLEMENTARY PAYMENTS — LOSS OF EARNINGS Supplementary Payments of the SECTION II — COVERED AUTOS LIABILITY COVERAGE is revised as follows: (4) All reasonable expenses incurred by the "in- sured" at our request, including actual loss of earnings up to $500 a day because of time off from work. G. PERSONAL EFFECTS AND PROPERTY OF OTHERS EXTENSION 1. The. Care, Custody or Control Exclusion of SECTION II — COVERED AUTOS LIABILITY COVERAGE, does not apply to "property damage" to property, other than your property, up to an amount not exceed- ing $250 in any one "accident". Coverage is excess over any other valid and collectible insurance. 2. The following paragraph is added to A.4. Coverage Extensions of SECTION III — PHYSICAL DAMAGE COVERAGE: c. We will pay up to $500 for your property that is lost or damaged as a result of a covered "loss", without applying a de- ductible. Coverage is excess over any other valid and collectible insurance. Page 2 of 7 Includes copyrighted material of Insurance Services Office, Inc. with its permission ��` �`�D"'� ±a/ REVIEWED&APPROVED aY: F.;. 4 z Vt8 A-4d ®' Risk Management Anatyst H. PREJUDGMENT INTEREST COVERAGE The following paragraph is added to SECTION II — COVERED AUTOS LIABILITY COVERAGE, 2. Coverage Extensions, a. Supplementary Payments: (7) Prejudgment interest awarded against the "insured" on that part of the judgment we pay. If we make an offer to pay the appli- cable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. 1. FELLOW EMPLOYEE — OFFICERS, MANAGERS, AND SUPERVISORS The Fellow Employee Exclusion in SECTION II — COVERED AUTOS LIABILITY COVERAGE is replaced as follows; A. "Bodily injury" to any fellow "employee" of the "insured" arising out of and in the course of the fellow "employee's" employment or while performing duties related to the con- duct of your business. This exclusion does not apply to an "insured" who occupies a position as an officer, manager, or supervi- sor. J. HIRED AUTO PHYSICAL DAMAGE If covered "auto" designation symbols 1 or 8 ap- ply to Liability Coverage and if at least one "au- to" you own is covered by this policy for Com- prehensive, Specified Causes of Loss, or Colli- sion coverages, then the Physical Damage coverages provided are extended to "autos" you lease, hire, rent or borrow without a driver; and provisions in the Business Auto Coverage Form applicable to Hired Auto Physical Damage apply up to a limit of $100,000. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. Any Compre- hensive deductible does not apply to fire or lightning. K. TEMPORARY SUBSTITUTE AUTOS — PHYSICAL DAMAGE COVERAGE The following is added to paragraph C. Certain Trailers, Mobile Equipment And Temporary Substitute Autos of SECTION I - COVERED AUTOS: If Physical Damage Coverage is provided by this Coverage Form, the following types of vehicles are also covered "autos" for Physi- cal Damage Coverage: Any "auto" you do not own while used with the permission of its owner as a temporary COMMERCIAL AUTO AC 70 05 03 16 substitute for a covered "auto" you own that is out of service because of its: a. Breakdown; b. Repair; c. Servicing; d. "Loss": or e. Destruction The coverage that applies is the same as the coverage provided for the vehicle being replaced. L. EXPANDED TOWING COVERAGE 1. We will pay up to: a. $100 for a covered "auto" you own of the private passenger type, or b. $500 for a covered "auto" you own that is not of the private passenger type, for towing and labor costs incurred each time the covered "auto" is disabled. Howev- er, the labor must be perfonned at the place of disablement. 2. This coverage applies only for an "auto" covered on this policy for Comprehensive or Specified Causes of Loss Coverage and Collision Coverages. 3. Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered "auto". M. AUTO LOAN OR LEASE COVERAGE 1. In the event of a total "loss" to a covered "auto", we will pay any unpaid amount due on the loan or lease, including up to a max- imum of $500 for early termination fees or penalties, for your covered "auto" less: a. The amount paid under SECTION III — PHYSICAL DAMAGE COVERAGE of this policy; and b. Any: 1) Overdue lease/loan payments at the time of the "loss"; 2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; 3) Security deposits not refunded by a lessor; 4) Costs of extended warranties, Credit Life insurance, Health, Accident, or Disability insurance purchased with the lease; and AC 70 05 03 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission ,v y.=_... RWeMmugnn0d DWWon u REMEWM&A"w Sy: lurl:Llt':L' Risk Management Malyst COMMERCIAL AUTO AC 70 05 03 16 5) Carry-over balances from previous leases. 2. This coverage only applies to a "loss" which is also covered under this policy for Com- prehensive, Specified Causes of Loss, or Collision coverage. 3. Coverage does not apply to any unpaid amount due on a loan for which the covered "auto" is not the sole collateral. N. ORIGINAL EQUIPMENT MANUFACTURER PARTS — LEASED PRIVATE PASSENGER TYPES Under Paragraph C. Limit of Insurance of SECTION III — PHYSICAL DAMAGE COVERAGE, Section 4 is added as follows: 4. We will use new original equipment vehicle manufacturer parts for any private passen- ger type covered "auto" where required by the lease agreement which has a term of at least six months. If a new original equip- ment vehicle manufacturer part is not in pro- duction or distribution we may use a like, kind and quality replacement part. O. DEDUCTIBLE AMENDMENTS The following are added to the Deductible provi- sion of SECTION III — PHYSICAL DAMAGE COVERAGE: If another policy or coverage form that is not an automobile policy or coverage form issued by this company applies to the same "accident", the following applies: 1. If the deductible under this coverage is the smaller (or smallest) deductible, it will be waived: 2. If the deductible under this coverage is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. If a Comprehensive or Specified Causes of Loss Coverage "loss" from one "accident" involves two or more covered "autos", only the highest deductible applicable to those coverages will be applied to the "accident," if the cause of the loss is covered for those vehicles. This provision only applies if you carry Comprehensive or Specified Causes of Loss Coverage for those vehicles, and does not extend coverage to any covered "autos" for which you do not carry such coverage. No deductible applies to glass if the glass is re- paired, in a manner acceptable to us, rather than replaced. P. RENTAL REIMBURSEMENT COVERAGE 1. This coverage applies only to a covered "au- to" for which Physical Damage Coverage is provided on this policy. 2. We will pay for rental reimbursement ex- penses incurred by you for the rental of an "auto" because of "loss" to a covered "auto". Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered "auto." No deductibles apply to this coverage. 3. We will pay only for those expenses incurred during the policy period beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, with the lesser of the following number of days: a. The number of days reasonably required to repair or replace the covered "auto". If "loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered "auto" and return it to you. b. The number of days shown in the Schedule. 4. Our payment is limited to the lesser of the following amounts: a. Necessary and actual expenses incurred. b. $75 for any one day or for a maximum of 30 days. 5. This coverage does not apply while there are spare or reserve "autos" available to you for your operations. 6. If "loss" results from the total theft of a cov- ered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement ex- penses which is not already provided for un- der SECTION III — PHYSICAL DAMAGE COVERAGE Coverage Extension. Q. EXPANDED TRANSPORTATION EXPENSE Paragraph AA.a. of SECTION III — PHYSICAL DAMAGE COVERAGE is replaced by the follow- ing: We will pay up to $50 per day to a maximum of $1500 for temporary transportation expense in- curred by you because of the total theft of a Page 4 of 7 Includes copyrighted material of Insurance Services Office, Inc with its permission. R1ekMmugemcntU�mn p ((R�EVIhIGED &(APPRQ/�J}}DI BY: 8j,. i ' a'? rM65YnM2 ✓Z. V1Ci/v,Pic Risk Management Malys[ COMMERCIAL AUTO AC 70 05 03 16 covered "auto" of the private passenger type. ment manufacturer or other sources in - We will only pay for those covered "autos" for cluding non -original equipment manu- which you carry Comprehensive or Specified facturers and Causes of Loss Coverage. We will pay for tem- b. If a repair or replacement results in bet- porary transportation expenses incurred during ter than like kind or quality, we will not the period beginning 24 hours after the theft and pay for the amount of the net improve- ending, regardless of the policy's expiration, ment. when the covered "auto" is returned to use or we pay for its "loss". 5. If we offer to pay the actual cash value of R. EXTRA EXPENSE —STOLEN AUTOS the damaged or stolen property, we will value auto advertising wraps, paint customi- The following paragraph is added to Coverage zation, and similar business related advertis- Extensions of SECTION III — PHYSICAL ing modifications, in addition to the actual DAMAGE COVERAGE: cash value of the property. Auto advertising c. We will pay for up to $5,000 for the expense wraps, paint customization, and similar of returning a stolen covered "auto" to you. business related advertising modifications We will pay only for those covered "autos" will be valued at the cost to replace them for which you carry Comprehensive or Spec- with an adjustment made for depreciation ified Causes of Loss Coverage and physical condition. S. PHYSICAL DAMAGE LIMIT OF INSURANCE T. NEW VEHICLE REPLACEMENT COST Under SECTION III — PHYSICAL DAMAGE The following is added to the Limit of Insurance COVERAGE, Paragraph C., Limit of Insurance provision of SECTION III — PHYSICAL is replaced by the following: DAMAGE COVERAGE: C. Limit Of Insurance 5. The provisions of paragraphs 1. and 3. do 1. The most we will pay for "loss" in any one not apply to a covered "auto" of the private "accident" is the lesser of: passenger type or a vehicle with a gross vehicle weight rating of 20,000 pounds or a. The actual cash value of the damaged less which is a "new vehicle." or stolen property as of the time of the In the event of a total "loss" to your new ve- hicle to which this coverage applies, we will b. The cost of repairing or replacing the pay at your option: damaged or stolen property. a. The verifiable "new vehicle" purchase 2. $1500 is the most we will pay for "loss" in price you paid for your damaged vehi- any one "accident" to all electronic equip- cle, not including any insurance or war- ment that reproduces, receives or transmits ranties purchased; audio, visual or data signals which, at the time of "loss", is: b. If it is available, the purchase price, as negotiated by us, of a "new vehicle" of a. Permanently installed in or upon the the same make, model, and equipment covered "auto" in a housing, opening or or the most similar model available, not other location that is not normally used including any furnishings, parts, or by the "auto" manufacturer for the in- equipment not installed by the manufac- stallation of such equipment. turer or manufacturers' dealership; or . b. Removable from a permanently installed c. The market value of your damaged ve- housing unit as described in Paragraph hicle, not including any furnishings, 2.a. above or is an integral part of that parts, or equipment not installed by the equipment; or manufacturer or manufacturer's dealer- c. An integral part of such equipment. ship. 3. An adjustment for depreciation and physical We will not pay for initiation or set up costs condition will be made in determining actual associated with loans or leases cash value in the event of a total "loss". As used in this endorsement, a "new 4. The cost of repairing or replacing may: vehicle" means an "auto" of which you are a. Be based on an estimate which includes the original owner that has not been previ- parts furnished by the original equip - AC 70 05 03 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission oti � "+ RiskMompnedDi......Welon RwEwm S APPR BY: �. Ruk Ivlanagerrnn[ MTtyst COMMERCIAL AUTO AC 70 05 03 16 ously titled and which you purchased less a. Your obligation in the Duties in the Event than 365 days before the date of the 'loss". of Accident, Claim, Suit or Loss Condi- tion relative to notification requirements applies only when the "accident" or U. PHYSICAL DAMAGE COVERAGE "loss" is known to: EXTENSIONS (1) You, if you are an individual; Under SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, Coverage Exten- (2) A partner, if you are a partnership; sions, b. Loss of Use Expenses is replaced by (3) A member, if you are a limited liability the following: company; or b. Loss of Use Expenses (4) An executive officer or insurance For Hired Auto Physical Damage, we will manager, if you are a corporation. pay expenses for which an "insured" be- b. Your obligation in the. Duties in the Event comes legally responsible to pay for loss of of Accident, Claim, Suit or Loss Condition use of a vehicle rented or hired without a relative to providing us with documents driver, under a written rental contract or concerning a claim or "suit" will not be agreement. We will pay for loss of use ex- considered breached unless the breach penses if caused by: occurs after such claim or "suit" is known (1) Other than collision if the Declarations to: indicate that Comprehensive Coverage (1) You, if you are an individual; is provided for any covered "auto"; (2) A partner, if you are a partnership; (2) Specified Causes of Loss only if the (3) A member, if you are a limited Declarations indicate that Specified liability company; or Causes of Loss Coverage is provided (4) An executive officer or insurance for any covered "auto"; or manager, if you are a corporation. (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto." X. HIRED CAR — COVERAGE TERRITORY However, the most we will pay for any Item (6) of the Policy Period, Coverage Territory expenses for loss of use is $50 per day, to a General Conditions is replaced by the following: maximum of $1,500. The insurance provided (5) Anywhere in the world if a covered "auto" is by this provision is excess over any other leased, hired, rented or borrowed without a collectible insurance. driver for a period of 30 days or less; and V. TRANSFER OF RIGHTS OF RECOVERY Y. EMERGENCY LOCKOUT AGAINST OTHERS TO US We will reimburse you up to $100 for reasonable The following is added to the Transfer Of Rights expense incurred for the services of a locksmith Of Recovery Against Others To Us Condition: to gain entry into your covered "auto" subject to We waive any right of recovery we may these provisions: have against any person or organization to 1. Your door key, electronic key or key entry the extent required of you by a written con- pad has been lost, stolen or locked in your tract executed prior to any "accident" be- covered "auto" and you are unable to enter cause of payments we make for damages such "auto", or under this coverage form. 2. Your keyless entry device battery dies and W. NOTICE OF AND KNOWLEDGE OF you are unable to enter such "auto" as a re - OCCURRENCE sult, SECTION IV — BUSINESS AUTO 3. Your key, electronic key or key entry pad CONDITIONS, Paragraph A is amended as has been lost or stolen and you have follows: changed the lock to prevent an unauthorized entry; and 6. NOTICE OF AND KNOWLEDGE OF OCCURRENCE Page 6 of 7 Includes copyrighted material of Insurance Services Office, Inc with its permission. RiskMmngnnmLD[Wdmt RE%AEWM & APPRov®Br s �n cw�n e Z. mu,"'t geme R6k Manant Analyst 4. Original copies of receipts for services of a locksmith must be provided before reim- bursement is payable. Z. CANCELLATION CONDITION Paragraph A.2. of the COMMON POLICY CONDITION — CANCELLATION applies except as follows: COMMERCIAL AUTO AC 70 05 0316 If we cancel for any reason other than non- payment of premium, we will mail or deliver to the First Named Insured written notice of cancellation at least 60 days before the ef- fective date of cancellation. This provision does not apply in those states that require more than 60 days prior notice of cancella- tion. AC 70 05 03 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission WekMotagtmnt[ DMstm y n, RHnE &APPRW Br: Rnk Management M4yst POLICY NUMBER: ACP 3018842080 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) I Location and Description Of Completed Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. I A. Section 11 — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by 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. B. With respect to the insurance afforded to these additional insureds, the fallowing is added to 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: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All terms and conditions apply unless modified by this endorsement. CG 20 37 04 13 © Insurance Services Office, Inc., 2012 RNkMvwganentDMs1on I% RREmEwm&APPRaVED9Y: '. Risk ManagementA aNst COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the This insurance is primary to and will not seek additional insured. contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance: and All terms and conditions of this policy apply unless modified by this endorsement. CG 20 01 0413 © Insurance Services Office, Inc., 2012 RideMmagemerd DMslun oza,�� c REVIEWED 6 APPROVED BY: F�2.V1P�uE ® Risk fvlanrgemen[Matyst