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HomeMy WebLinkAboutSUPERIOR PROPERTY SERVICES, INC. (6)INSURANCE ON FILE N-2020-08 `2-01 WORK MAY PROCEED UNTIL INSURANCE EXPIRES CD • %.Z,. %, 3 FIRST AMENDMENT TO AGREEMENT WITH CLERK OF COUNCIL SUPERIOR PROPERTY SERVICES INC DATE: TO PROVIDE ANTI -GRAFFITI COATING THIS FIRST FIRST AMENDMENT to the above -referenced agreement is entered into on July 12, 2022, by and between Superior Property Services, Inc. ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City")- JUL 2 8 2022 RECITALS A. The parties entered into Agreement No. N-2020-082 ("Agreement") dated April 2, 2020, to coat utility boxes that are part of the Utility Box Art Program with anti -graffiti coating, plus on -going maintenance and graffiti abatement from the listed coated boxes ("Project"). The Agreement runs through June 30, 2022, with an option to exercise an extension of the term. B. The parties intend to continue conducting business together. This First Amendment shall authorize payments for services rendered from July 1, 2022. C. The parties now wish to amend the Agreement to: 1) expand the scope of services to include additional sites and locations; 2) increase the compensation for said services; and 3) exercise the option to extend the term of the Agreement. The Parties therefore agree: 1. Section 1, Scope of Services, is hereby amended to include the additional sites detailed as Exhibit A- 1 to this First Amendment. Consultant agrees to honor the costs reflected in Exhibit A-1 through the term defined below in this First Amendment. Services for sites, as needed by the City, shall be agreed upon, by the Parties, in writing and include details of cost(s) per box and/or site location. 2. Section 3, Term, is hereby extended until June 30, 2024. The parties understand that this extended term shall act as the parties' option to extend the term of the Agreement and no further extension is available under this Agreement after June 30, 2024. 3. Except as modified by this First Amendment, all terms and conditions of the Agreement, shall remain in full force and effect. (signature page to follow] Pagel of2 N-2020-086-01 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. ATTEST l �. DAISY GOMEZ {id Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney Ldon Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL Steven Mendoza Executive Director Community Development Agency CITY OF SANTA ANA y�� ii1�C'lj T FNNE RID^ f City Manager SUPERIOR PROPERTY SERVICES, INC.: By: Title: k// (� /�✓l s/�(� Page 2 of 2 SUPERIOR PROPOSAL COMPANY: Community Development Agency ATTENTION: Gabriela Cramer STREET: 20 Civic Center Plaza CITY/STATE: Santa Ana, CA 92701 TELEPHONE: 714-647-5385 Direct Email:. Frrprnprf csnt.-�-...,. ADDRESS: City of Santa Ana y boxes listed below PROPOSAL NO: 0016-R (2' ' revised) DATE: March 18, 2020 We hereby propose to furnish all the materials and perform all the labor n following services: ecessary for the completion of the Pressure wash utility box and remove graffiti. if necessary, before Applying anti-grafRi sacrificial coating to the following utility boxes: UTILITY BOXES ON SOUTH MAIN (21 1. Main/Chestnut-SWcorner-a new boisho3. P-(Signal}-inewbox/ Main Bisho p-(HUB)ubbon-NW corner -I new box5. Main/McFadden-SW Corner -I new bussell-NW iXjm corner-inewbox7. Main/Borchard-NWCoreioxdinger-SWcorner-1new box9. Main/Pomona-SE Corner-1 new boxt Andrew -NE corner-inewbox11. Main/StGertrude-SEcm-1 UTILITY BOXES ON BRISTOL (4 BOXES): 1. Bristol/Santa Clara-, new box 2. Bristol/19th-1 new box 3- Bristol/Washington -1 new box 4. Bristol/Civic Center Drive-1 new box S. Bristol/Bishop or Willits-1 new box 6. Bristol/MacFadden-1 new box 7. Bristol/Wilshire - I new box 8. Bristol/EdingerMign.11 Inewbox 9. Bristol/Edinger (Hub} -1 new box 10. UTILITY BOX LILY KING PARK Flower/Alton (near Lily King Park playground)- 1 new box UTILITY BOX CLEAN UP/TOUCH UPS (20 BOXES}: 1. 1st/Main 2. 3rd/Main 3. 4th/Main 4. 3rd/Broadway 6. 4th/Broadway 6. Sth/Broadway 7. 4th/13us11 a. 1st/Bristol 9. 17th/Bristol to. MacArthur/Bristol 11. Main/McFadden 12. Harbor/McFadden 13. Grand/Dyer 14. 17th/Centre on 17th 15. 1st/Downtown Plaza 16. Main/Washinton 17. Raitt/MacArthur 18. Greenville/Alton 19. Flower/Washington 1 20, Flower/Bishop Total Estimate $10,250.00 ($250 per box) includes all labor and materials and oressure washir,n Maintenance Program (2 years of maintenance through June 30, 2022) SPS will continue to provide on -going maintenance and graffiti abatement from the listed coated boxes at the following rate(s), Remove Graffiti Re -Application of Anti-Graffitl Coating when necessary Incident Documentation 24 hour response time Initial Call -Out charge is not to exceed $85fper hour Removal service rate is $150 per hour (most graffiti can be removed in less than 15 minutes) Upon completion of service payment for the full amount Due Net 30 Days From Completion of work, Superior to carry General Liability Insurance and Workers Compensation insurance. All work is guaranteed to be as specified, and the above work to performed in a professional workmanlike manner. The above services and prices have been mutually agreed upon and SUPERIOR is hereby authorized to perform the above services, Payment will be made as outlined above. ACCEPTED BY: DATE: COMPANY: 9129 Porkins Street. Pico Rivera, Ca 90660 Etaor 562.801.9200 Era 562.801-9230 www.4suferior.com 10�- SUPERIOR PROPOSAL COMPANY: Community Development Agency [JOB ADDRESS: City of San a ATTENTION: Gabriela Cramer STREET: 20 Civic Center Plaza CITY/STATE: Santa Ana, CA 92701 TELEPHONE: 714-647-5360 714-647-5385 Direct Email: ROPOSAL NO: 2022-1001 gcramer@santa-ana.org DATE: May 37, 2022 We hereby propose to furnish all the materials and perform all the labor necessary for the completion of the following services: List of Prices Painting Pressure Washing $.65/Sq. Ft. $95.00/Hour or $.95/Sq. Ft. Coating Prices Mural Shield (prep, material and labor) Worlds Best (prep, material and labor) $.85/Sq. Ft. $.85/Sq. Ft. APP Sacrificial 4-G (prep, material and labor) $.82/Sq. Ft. CSL (prep, material and labor) $1.39/Sq. Ft. Upon completion of service payment for the full amount Due Net 30 Days From Completion of work. Superior to carry General Liability Insurance and Workers Compensation Insurance. All work is guaranteed to be as specified, and the above work to performed i f n a pro f- a workmanlike manner. The above services and prices have been mutually agreed upon and SUPERIOR is hereby authorized to perform the above services. Payment will be made as outlined above. ACCEPTED BY: COMPANY: DATE: 9129 Perkins Street, Pico Rivera, CA 90660 Fokg 562.801.9200 gx 562.801 9230 www. 4superior.com vlyltarly nlgiICU � CERTIFICATE OF LIABILITY INS6WI19 by An IeDATEE(2MlWDDrrYY) 312022 r THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS N ('� p)7 �r7�L� E THIS }��p FVKT1e1Utlf''FYIC� dSr� CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALT P HCIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE P:SUING11113S71IE ).( T1�RIZED 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 Korman Ave Suite 200 Irvine CA92612 CONTACT NAME: PHONE ggg_34s-s800 aL Nc:949-3a9-ss00 E-MAILEXIII ADDRESS: INSURERS AFFORDING COVE RAGE NAIC# INSURERA: Nationwide Mutual Insurance Company 23787 INSURED SUPEPRW4 Superior Property Services, Inc. INSURER B: Depositors Insurance Company 42587 9129 Perkins Street INSURER C: INSURER D: Pico Rivera CA 90660 INSURER E NSURERP: COVERAGES CERTIFICATE NUMBER: 1237103010 REVISION NUMBER - THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDLSUBR POLICYNUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FxI OCCUR V Y ACP3049630195 6/22/2022 6/22/2023 EACH OCCURRENCE $1,000,000 A AGETO RENTED PREMISES Ea occurrence $100.000 MED EXP (Any one person) $ 5,000 PERSONAL S ADV INJURY $1,000,000 GEN-L X AGGREGATE LIMIT APPLIES PER: POLICY X JECTPRO- LOC OTHER: GENERALAGGREGATE $2,000,000 PRODUCTS -COMP/OP AGO $2,000,000 $ B AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY Y Y ACP3049630195 6/22/2022 6/22/2023 COMBINED SINGLE LIMIT Ea accident $1,000,000 BODILY I NJURY(Per person) $ n Per accident BODILY INJURY ( 1 $ PROPERTY D AMAGE E$ Per accident UMBRELLA LIAR EXCESS LIAa OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED I I RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YI N ANYPROPRIETORIPARTNER/EXECUTIVE OFFICER/MEMBEREXCWDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA V ACP3049630195 6/22/2022 6/22/2023 XI BPER TATUTE ERH E.L. EACH ACCIDENT $1,000,000 F.L. DISEASE - EA EMPLOYEE $1,000,ODO E.L. DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Agreement Number: N-2020-082 I Project: Touch up mural, pressure wash, cover artwork with anti -graffiti coating. The City of Santa Ana, its officers, officials, employees, agents, volunteers, Entity and representatives are additional insureds when you have agreed, in a written contract or written agreement, only with respects to the General Liability per business liability coverage forms CG 20 33 04 13, CG 20 37 04 13. Primary and non-contributory wording is included as per form CG 20 01 04 13. Certificate of Insurance shall provide thirty (30) day prior written notice of cancellation. CERTIFICATE 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 Santa Ana CA 92702 AUTHORIZED REPRESENTATIVE USA s�,j �.� Riak irl>magnnott Divislnn �(���.��\� REmeAM & APPROVED BY: © 1988-2015 ACORD 4ni11lJiJ;.' Xju Arum, ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD :'' Risk Management Spcnakst Policy No: ACP3029630195 COMMERCIAL GENERAL LIABILITY CG 72 88 1216 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. Page 1 of 5 wN Risk Mwwgmtent DMsian REAewm&MpRov®BY: ,I LEON i}w�:tllewtolo ' Risk Management speaalist Policy No: ACP3029630195 CG 72 88 1216 2. Limit of Insurance - The most we will pay F. Supplementary Payments for loss arising out of any one "occurrence" Under Section I — Coverages, Supplementary is $5,000. Payments — Coverages A and B Paragraphs 3. Deductible - Our obligation to pay for a 1.b. and 1.d. are replaced with: covered loss applies only to the amount of b. Up to $2,500 for cost of bail bonds required loss in excess of $250. because of accidents or traffic law violations We will pay the deductible amount to effect arising out of the use of any vehicle to which settlement of any claim or "suit" and upon the Bodily Injury Liability Coverage applies. notification having been taken you shall We do not have to furnish these bonds. promptly reimburse us for the deductible as d. All reasonable expenses incurred by the has been paid by us. insured at our request to assist us in the This insurance is primary to any expanded investigation or defense of the claim or damage coverage provided by a separate "suit", including actual loss of earnings up to endorsement attached to this policy, and it $500 a day because of time off from work. will supplant any deductible in said G. Newly Formed And Acquired Organizations endorsement. Under Section II — Who Is An Insured E. Damage To Premises Rented To You Paragraph 3.a. is replaced with: 1. Under Section I — Coverages, Coverage A a. Coverage under this provision is afforded Bodily Injury And Property Damage only until the 180th day after you acquire or Liability, the last paragraph of 2. form the organization or the end of the policy Exclusions is replaced with: period, whichever is earlier; If Damage To Premises Rented To You is H. Additional Insured — Automatic Status When not otherwise excluded, Exclusions c. Required In An Agreement Or Contract With through n. do not apply to damage by fire, You lightning, explosion, smoke, or sprinkler Section II —Who Is An Insured is amended to leakage to premises while rented to you or include: temporarily occupied by you with permission of. the owner. A separate limit of insurance 4. Any person(s) or organization(s) described applies to this coverage as described in in Paragraphs a. — d. below with whom you Section III — Limits Of Insurance. have agreed in writing in a contract or 2. Under Section III — Limits Of Insurance, written agreement that such person or Paragraph 6. is replaced with: organization be added as an additional insured on your policy during the policy 6. Subject to 5. above, the Damage To period shown in the Declarations. Premises Rented To You Limit is the The person or organization added as an most we will pay under Coverage A for "property insured by this endorsement is an insured damages because of damage" only for liability due to: to any one premises, while rented to you, or in the case of damage by fire, a. Lessors of Leased Equipment with lightning, explosion, smoke or sprinkler respect to their liability for "bodily injury", leakage, while rented to you or "property damage", or "personal and temporarily occupied by you with advertising injury", caused in whole or in permission of the owner. The limit is part by your maintenance, operation or increased to $1,000,000. use of equipment leased to you by such 3. Under Section IV — Commercial General person(s) or organization(s). This Liability Conditions, Condition 4. Other insurance does not apply to any Insurance, b. Excess Insurance (1) (a) (fi) "occurrence" which takes place after the is replaced with: lease expires. (ff) That is Fire, Lightning, Explosion, However, their status as additional Smoke, or Sprinkler leakage insured under this policy ends when insurance for premises rented to their lease, contract, or agreement with you or temporarily occupied by you you for such leased equipment expires. with permission of the owner. Page 2 of 5 Includes copyrighted material of Insurance Services Office, Inc., CG 72 88 12 16 with its permission. Rk*Mouga%adDhMdm o�...�.'k ReneAED&Arraavm&y: Xju "4lo ®' RA Management SpeaAst Policy No: ACP3029630195 b. Managers or Lessors of Premises with respect to liability arising out of the ownership, maintenance, or use of that part of the premises you own, rent, lease, or occupy. This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to be a tenant in that premises. (2) Structural alterations, new con- struction or demolition operations performed by or on behalf of the person or organization. However, their status as additional insured under this policy ends when you cease to be a tenant of such premises. c. State or Political Subdivision — Permits Relating to Premises with respect to the following hazards for which the state or political subdivision has issued a permit or authorization in connection with premises you own, rent or control and to which this insurance applies: (1) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar exposures; or (2) The construction, erection, or removal of elevators; or The ownership, maintenance, or use of any elevators covered by this insurance. This insurance does not apply to: (1) "Bodily injury" or "property damage" or "personal or 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". However, such state or political subdivision's status as additional insured under this policy ends when the permit ends. CG 72 88 12 16 d. Owners, Lessees, or Contractors with respect to liability for "bodily injury", "property damage", or "personal and advertising injury" caused, in whole or in part, by: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf; in the performance of your ongoing operations performed for that additional insured, whether the work is performed by you or on your behalf. The insurance does not apply to: (1) "Bodily injury", "property damage", or "personal and advertising injury" arising out of the rendering of or the failure to render any professional architectural, engineering, or survey services, including: (a) The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, survey, field orders, change orders, or drawings and specifications: or (b) Supervisory, inspection, archi- tectural, or engineering activ- ities. (2) "Bodily injury" or "property damage" occurring after: (a) All work, including materials, parts, or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (b) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 72 88 12 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Pace 3 of 5 Risk Management Division REVIEWED & APPROv®BY: A�' L Risk Marugement Spenalin Policy No: ACP3029630195 CG72881216 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. I. 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 e. 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, B. 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., CG 72 88 12 16 with its permission. , Kurz mnwgnw¢ UWt81Wl ey: f2en�o 6 APPaov®9Y: R+.l &w,do Risk Management Spedalist Policy NO: ACP3029630195 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. CG 72 88 12 16 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., Page 5 of 5 with its permission. IN R rnouge uMmmt �® RE,Aexm&AaPRcvEDar Afe A4w44 Risk Management Speaahst i Policy No: ACP3029630195 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---- ------a- ---- ". Effect of This Endorsement B. Newly Acquired or Formed Entities C. Employees as Insureds — Nonowned Autos D. Additional Insured by Contract, Permit or Agreement E. Supplementary Payments — Bail Bonds F. Supplementary Payments — Loss of Earnings G. Personal Effects and Property of Others Extension H. Prejudgment Interest Coverage I. Fellow Employee — Officer, Managers and Supervisors J. Hired Auto Physical Damage K. Temporary Substitute Autos — Physical Damage Coverage L. Expanded Towing Coverage M. Auto Loan or Lease Coverage N. Original Equipment Manufacturer Parts — Leased Private Passenger Types O. Deductible Amendments P. Rental Reimbursement Coverage Q. Expanded Transportation Expense R. Extra Expense — Stolen Autos S. Physical Damage Limit of Insurance T. New Vehicle Replacement Cost U. Physical Damage Coverage Extension V. Transfer of Rights of Recovery Against Others To Us W. Section IV — Business Auto Conditions — Notice of and Knowledge of Occurrence X. Hired Car Coverage Territory Y. Emergency Lock Out Z. Cancellation Condition AC 70 05 03 16 Includes copyrighted material of Insurance Services Office, Inc. with its permission Rime ManegemaetDhhsian Re EWED&AppmvEDBY. `®' Risk Management Speaahsl Policy No: ACP3029630195 COMMERCIAL AUTO AC 70 05 03 16 A. EFFECT OF THIS ENDORSEMENT Coverage provided under this policy is modified by the provisions of this endorsement. If there is any conflict between the provisions of this endorsement and the provision(s) of any state. specific endorsement also attached to this poli- cy, then the provision(s) of the state -specific endorsement shall apply instead of the provi- sions of this endorsement that are in conflict, but only to the extent of the conflict, and only to the extent necessary to bring such provisions into conformance with the state requirement(s) contained in the provision(s) of the state -specific endorsement. B. NEW-- - a Named Insured shown in the Declarations is amended to include any organization you newly acquire or form, other than a partnership, joint venture, or limited liability company, and over which you maintain ownership or majority (more than 50%) interest; if there is no other similar in- surance available to that organization. Coverage under this provision is afforded until the 180'h day after you acquire or form the organization or the end of the policy period, whichever is later. C. EMPLOYEES AS INSUREDS — NONOWNED AUTOS The following is added to paragraph A.1. Who Is An Insured of SECTION II — COVERED AUTOS LIABILITY COVERAGE: d. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your per- sonal affairs. D PERMIT OR AGREEMENT The following is added to A.1. Who Is An In- sured of SECTION 11 — 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-------- «----- _—o-------- The. Care, Custody or Control Exclusion of SECTION 11 — 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. 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 ,�����,,� RAManage tDivision REVIEWED&APPRovEDav: '!..1,A71 ld ): A+ ju Ai:waei Risk Management Specialist Policy No: ACP3029630195 r"e 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. 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. --------- I "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 performed 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 ^e RIAt.m a RenEv/m6Mvrtw® 4 A+Acw.�. ®' Rlsk Management spedeGst Policy No: ACP3029630195 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. "rider 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. 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_ 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. Wait Matagmtod➢Melon ReAEWeD 6 APPRov® By. ® Risk Management Specialist Policy No: ACP3029630195 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. g -- •—m------ T. NEW VEHICLE REPLACEMENT COST `•nder 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. "new 2. $1500 is the most we will pay for "loss" in a. The verifiable vehicle" purchase 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 "loss", b. If it is available, the purchase price, as time of is: negotiated by us, of a "new vehicle" of a. Permanently installed in or upon the the same make, model, and equipment covered "auto" in a housing, opening or or the most similar model available, not other location that is not normally used including any furnishings, parts, or by the "auto" manufacturer for the in- equipment not installed by the manufac- stallation of such equipment. turer or manufacturers' dealership; or. b. Removable from a permanently installed c. The market value of your damaged ve- housing unit as described in Paragraph hicle, not including any furnishings, 2.a. above or is an integral part of that parts, or equipment not installed by the equipment; or manufacturer or manufacturer's dealer- c. An integral part of such equipment. ship. 3. An adjustment for depreciation and physical We will not pay for initiation or set up costs condition will be made in determining actual associated with loans or leases cash value in the event of a total "loss". As used in this endorsement, a "new 4. The cost of repairing or replacing may: vehicle" means an "auto" of which you are a. Be based on an estimate which includes the original 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.as.^ w"ktnwu^ e REwEvrEo6Arraov®av: - 91�, A+.�:s Aawcdo Risk Management SpedaGst Policy No: ACP3029630195 COMMERCIAL AUTO AC 70 05 03 16 ously titled and which you purchased less than 365 days before the date of the "loss". U. o,.. --- "rider SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, Coverage Exten- sions, b. Loss of Use Expenses is replaced by the following: b. Loss of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" be- comes legally responsible to pay for loss of use of a vehicle rented or hired without a driver, under a written rental contract or agreement. We will pay for loss of use ex- penses if caused by: (1) Other than collision if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto"; (2) Specified Causes of Loss only if the Declarations indicate that Specified Causes of Loss Coverage is provided for any covered "auto'; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto." However, the most we will pay for any expenses for loss of use is $50 per day, to a maximum of $1,500. The insurance provided by this provision is excess over any other collectible insurance. V-------M oP ..o _s of "'e following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: We waive any right of recovery we may have against any person or organization to the extent required of you by a written con- tract executed prior to any "accident" be- cause of payments we make for damages under this coverage form. W. NOTICE OF AND KNOWLEDGE OF OCCURRENCE SECTION IV — BUSINESS AUTO CONDITIONS, Paragraph A is amended as follows: 6 Your obligation in the Duties in the Event of Accident, Claim, Suit or Loss Condi- tion relative to notification requirements applies only when the "accident" or "loss" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, if you are a corporation. b. Your obligation in the. Duties in the Event of Accident, Claim, Suit or Loss Condition relative to providing us with documents concerning a claim or "suit" will not be considered breached unless the breach occurs after such claim or "suit" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, if you are a corporation. X. HIRED CAR — COVERAGE TERRITORY Item (5) of the Policy Period, Coverage Territory General Conditions is replaced by the following: (5) Anywhere in the world if a covered "auto" is leased, hired, rented or borrowed without a driver for a period of 30 days or less; and Y. EMERGENCY LOCKOUT We will reimburse you up to $100 for reasonable expense incurred for the services of a locksmith to gain entry into your covered "auto" subject to these provisions: 1. Your door key, electronic key or key entry pad has been lost, stolen or locked in your covered "auto" and you are unable to enter such "auto" , or 2. Your keyless entry device battery dies and you are unable to enter such "auto" as a re- sult, 3. Your key, electronic key or key entry pad has been lost or stolen and you have changed the lock to prevent an unauthorized entry; and Page 6 of 7 Includes copyrighted material of Insurance Services Office, Inc with its permission. w.kMkn.gen�tn[w.a ;, k ReneAm SAPPRovED&r q A+.gu Auvao m. Risk Management Spedalist Policy No: ACP3029630195 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 1t�kM�grn�,eni��on REVIEWED 6 APPROVED BY. Risk Management Spedahst POLICY NUMBER: ACP3029630195 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 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) "The City of Santa Ana, ifs officers, employees, agents, and representative are named as additional insured" Location and Description Of Completed Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section 11 — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for 'bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by 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 following is added to Section III — Limits Of Insurance: If coverage provided to required by a contract or will pay on behalf of the amount of insurance: the additional insured is agreement, the most we additional insured is the 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 �. .., ltukM�cgemeniDhieion Rene&m 6 MrRovm &r A+�:� Acw�efe MEW Risk Management Spedalist Policy No: ACP3029630195 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 Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek 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 (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. All terms and conditions of this policy apply unless modified by this endorsement. CG 20 01 04 13 © Insurance Services Office, Inc., 2012 Rink MmugamIDivision REVIEWED&APPRov®By. Risk Management Specialist