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HomeMy WebLinkAboutNDS (NEXTDAY DELIVERY SERVICE)INSURANCE ON FILE N-2025-037 WORK MAY PROCEED UNTIL INSURANCE EXPIRES CITY CLERK m """ ne""�•� °"" DATE: MAR 0 5 102�� TEL ACCOUNT #20105730 NEXTDAY DELIVERY SERVICE, INC. ("NDS") and CITY OF SANTA ANA ("CUSTOMER"), located at 20 Civic Center Plaza, Santa Ana, CA 92701 agree to the following Mail D: FMSA (0) Service Contract ("Contract"). t o" Herschleb NDS will handle mail in accordance with the following schedule: OUTGOING MAIL: CITY OF SANTA ANA SERVICE LOCATION P/U DEL *DAYS/TIME 20 Civic Center Plaza, Santa Ana, CA 92701 X Mon -Fri 4:45-5:15 PM 'All contracted delivery and pickup times may be subject to a 30-minute window. Volume limits established at N/A for U.S. Mail tubs/trays per stop. For the above service, it is agreed that CUSTOMER's monthly charge shall be fixed at $0.00 ("Service Charge") per month and reviewed on an annual basis. This agreement is for three years, with the option for two one-year renewals. The service charges should not exceed the amount of $10,000.00 on an annual basis. This contract can be terminated by either party upon thirty (30) days' prior written notice to the other party. This Contract shall take precedence over any terms in conflict which may be contained in any purchase order required by the customer. NDS observes the following holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. Signature below indicates the undersigned has read and accepted the terms of this Contract, including the attached Terms & Conditions. AZ,4,�t Nem;iiey 7rr`hr' W( Alexander Trinidad (Feb 18, 2025 11:27 PST) CITY OF SANTA ANA Alvaro uFo, CITY OF SANTA ANA SIGNATURE City Manager Alex Trinidad, Acting Executive Director FMSA NDS APPROVED AS TO FORM SONIA R. CARVALHO City Attorney (� Bv�`i �C�`tG Andrea Garcia -Miller Assistant City Attorney Page I of 2-18-25 EFFECTIVE DATE ACCOUNT 020105730 TERMS &r CONDITIONS 1. All shipments tendered to NDS for transportation shall be contained in securely fastened and properly addressed bags, mailbags or packages; shall conform to applicable post office laws and regulations, including private express statutes and shall contain nothing unlawful. 2, The Service Charge will be subject to annual increases equal to the greater of a) three percent (3%) or b) the percent change in the Consumer Price Index (All Urban Consumers) — Los Angeles — Riverside — Orange County — as published by the U.S. Department of Labor, Bureau of Labor Statistics, 3. The payment terms for services rendered are NET 30 DAYS from date of invoice 4. The term of this contract shall be annually, commencing on the Effective Date. This contract is for three years with the option for two one-year renewals. Service fees should not exceed $10,000,00 on an annual basis. The contract can be terminated by either party upon thirty (30) days' prior written notice to the other party. 5. The responsibility of NDS shall begin when said shipments have been delivered to NDS and shall terminate upon delivery to the addresses or the post office. 6. NDS shall provide expeditious and efficient service, but it shall not be liable for non- performance or delay caused by strikes, riots, acts of God or other occurrences beyond its control. 7. The liability of NDS for loss or damage resulting from loss or destruction of any shipment shall in no event exceed that declared to the U.S. Post Office at the time of mailing, or the sum of $50.00 or 504P a pound, whichever is the lesser amount, unless a higher valuation is declared prior to the time of pickup by NDS. In no case should the liability be more than the cost of reproduction of lost or mutilated items. The term "shipment" as herein shall mean each bag of mail or other separate parcel, package, box or other single container whether of mail or other goods. It shall not mean each separate piece of mail except in the case of registered, certified, insured mail and c.o.d.'s. 8. Claims for loss or damage will not be accepted for processing unless submitted within ten (10) days from date of acceptance or from date of postmark. The controlling data will be the obligation of customer to establish. There will be no liability for the following items: bonds, securities, money, currency, bullion, jewelry, precious metals, precious stones, gems, or other similar valuables, paintings, statuary and other works of art. 9. Solicitation: Neither party shall solicit for employment any employees of the other party during the term and for one calendar year after the expiration of this Contract or termination of this Contract for any reason. This shall not preclude the hiring of employees who respond to an indirect solicitation (e.g. through a newpaper, magazine, or trade journal advertisement. 10. Presort Services: The parties will recognize the costs and services detailed in the Presort Service Agreement, as detailed in attached Exhibit A. 11. Insurance Requirements: NDS shall procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of work hereunder as detailed in attached Exhibit B. Page 2 of 2 Exhibit A ""Ms� PRESORT SERVICE AGREEMENT www.ndaa oenl.com TEL F" ACCOUNT # 20105730 NEXTDAY DELIVERY SERVICE, INC. ("NDS") and the CITY OF SANTA ANA ("CUSTOMER") agree to the following: NDS agrees to pick up all First -Class Presorted Mail Monday through Friday. The following mail classes are not eligible for Presort Service and must be metered at the full postage rate: Certified Mail®, Insured mail, International Mail, Parcels, Postcards, Priority Mail®, Priority Mail Express®, and Registered Mail®. CUSTOMER agrees to meter mail with the SAME DAY's date. NDS will charge CUSTOMER $0.018 per piece for all Letter size Presort Mail. NDS will charge CUSTOMER $0.5629 per piece for all 5-digit Presorted Flats. CUSTOMER is assessed a DPV (Delivery Point Validation) fee on 2 % of CUSTOMER'S total monthly Presort Letter Volume only (excludes flats), multiplied by $0.064. NDS may modify the presort fees in this agreement in the event the United States Postal Service adopts any new postal regulations, procedures, rates, or incentives that affect the cost or performance of the services, by providing advance written notice. Presort Services provided herein are subject to the terms and conditions of the Mail Service Contract with City of Santa Ana and shall commence on the effective date detailed in said Contract, for a tens of three years with the option for two one-year renewals, unless terminated by either party, pursuant to Section 4 of the Mail Service Contract. Presort Services fees are subject to the not -to -exceed amount under the Mail Service contract and the combined costs for all services shall not exceed an annual amount of $10,000.00. Write Meter Machine Number/s Below: CUM32206336 A4 emhr Tri;rraW (See signature page on Mail Service Contract) Alexander Trinidad (Feb 18. 20251127 PST) CITY OF SANTA ANA CITY OF SANTA ANA SIGNATURE Alex Trinidad, Acting Executive Director FMSA 2-I8-25 NDS EFFECTIVE DATE Exhibit B — Insurance Requirements for City of Santa Ana Agreement with NextDay Delivery Service, Inc. ("NDS") NDS shall procure and maintain for the duration of the agreement, the following insurance coverages: MINIMUM SCOPE AND LIMIT OF INSURANCE NDS shall maintain limits of insurance coverage in the following minimum amounts and shall be at least as broad as: Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with combined single limits of $1,000,000. In the event NDS does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance with existing limits, which can be lower than $1,000,000. Workers' Compensation (WIC): as required by the State of California, with statutory limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident, per employee, per policy for bodily injury or disease. This requirement can be waived if NDS has no employees. If NDS maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by NDS. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: 1. CGL and AL policies: City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Permittee including materials, parts, equipment, and personnel furnished in connection with such work or operations. 2, All required insurance policies: Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by NDS for City. 3. All required insurance policies: For any claims related to this contract, NDS's Insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. 4. All required insurance policies: A severability of Interest provision must apply for all the additional insureds, ensuring that NDS's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. 5. Each insurance policy required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non -renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non -renewal due to non-payment. Exhibit B — Insurance Requirements for City of Santa Ana Agreement with NextDay Delivery Service, Inc. ("NDS") 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Finance & Management Services Agency, Executive Director, 20 Civic Center Plaza, M-17, Santa Ana, CA 92701. The name and location of event should be included in the Description of Operations section of each certificate. Self -Insured Retentions Self -insured retentions must be declared to and approved by the City. City may require NDS to purchase coverage with a lower retention or provide proof of ability to pay losses and related Investigations, claim administration, and defense expenses within the retention. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City. Verification of Coverage NDS shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the COL policy listing all policy endorsements to the City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive NDS's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, Including endorsements required by these specifications, at any time. Claims Made Policies If any of the required policies provide coverage on a claims -made basis: 1. The retroactive date must be shown and must be before the date of the contract or the beginning of work. 2. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of work. 3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a retroactive date prior to the contract effective date, NDS must purchase "extended reporting" coverage for a minimum of three (3) years after completion of work. Subcontractors NDS shall require and verify that all sub -contractors maintain insurance meeting all the requirements stated herein, and NDS shall ensure that City Is an additional insured on Insurance required from sub -contractors. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Next Day Delivery 2-2025 Document_250206_1 04251 Final Audit Report 2025-02-18 Created: 2025-02-18 By: Kristin Andrade (kandrade@santa-ana.org) Status: Signed Transaction ID: CBJCHBCAABAAk4sd6bCS07d7ibcNcUv2dLdOwopVuWQJ "Next Day Delivery 2-2025 Document_250206_104251" History Document created by Kristin Andrade (kandrade@santa-ana.org) 2025-02-18 - 6:38:40 PM GMT Document emailed to Alexander Trinidad (atrinidad@santa-ana.org) for signature 2025-02-18 - 6:39:04 PM GMT Email viewed by Alexander Trinidad (atrinidad@santa-ana.org) 2025-02-18 - 7:26:03 PM GMT be Document e-signed by Alexander Trinidad (atrinidad@santa-ana.org) Signature Date: 2025-02-18 - 7:27:26 PM GMT - Time Source: server Agreement completed. 2025-02-18 - 7:27:26 PM GMT Adobe Acrobat Sign ACCA b® CERTIFICATE OF LIABILITY INSURANCE NIM DATz/(iz/'202sm1 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 Risk Strategies Company P.O. Box 818078 Cleveland OH 44181 NAME: CT Laura Krieger, CIC, CRM PHONE 440-260-1000 we Ne:440-260-0218 EMAIL AooREs : Ikrie er risk-strate ies.com INSURER(Sj AFFORDING COVERAGE NAIC It INSURER A: Concert Specialty Insurance Company 17151 INSURED NEXTDEL4M NexP.O. B y 6100Delivery Service, Inc. P.O. Box 61002 INSURER B: Underwriters at Lloyds 32727 INSURERC: Scottsdale Insurance Co. 41297 INSURERD: UPLAND SPECIALTY INS CO 16988 Anaheim CA 92803 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: 1675597257 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 ADOL SUER POLICY NUMBER POLICY EFF MWDD/YYY) POLICY E%P MMIOD/YYYY LIMITS A X COMMERCUILGENERAL LIABILITY CLAIMS -MADE F OCCUR Y Y CSPBOOOOOOD14600 7/1/2024 8/1/2025 EACH OCCURRENCE $1.000.000 DAMAGE TO RENTED PREMISES Ea occurrence $1.000.000 MED EXP (Any one person) $ 5.000 PERSONAL &ADV INJURY $1.000.000 GENL AGGREGATE LIMIT APPLIES PER: POLICY D JEST FX LOC GENERALAGGREGATE $2.000.000 PRODUCTS - COMP/OP AGO $2.000,000 $ OTHER: B AUTOMOBILE LIABILITY Y FINFR10017077243003 7/1/2024 7/1/2025 COMBINED SINGLE LIMIT Ea accident $1.000,000 BODILY INJURY (Per person) $ ANY AUTO OWNED SCHAUTOS EDULED AUTOS ONLY BODILY INJURY (Per accitlent) $ X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Per aceltlent $ $ D C UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMSMADE USXTLO680224 XLS2004680 7/1/2024 7/1/2024 8/1/2025 8/1/2025 EACH OCCURRENCE $5.000,000 X AGGREGATE $5,000,000 DED RETENTION$ $ WORKERS COMPENSATION PERT OTK AND EMPLOYERS' LIABILITY Y/N STAUTE ER E.L. EACH ACCIDENT $ ANYPROPRIETOR/PARTNERIEXEWTIVE OFFICER/MEMBEREXCLUDED? ❑ NIA E.L. DISEASE -EA EMPLOYEE $ (Mandatory in NH) If yes, describe antler E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required( **The auto policy listed on this certificate does not provide coverage for unscheduled short-term rental vehicles" The general liability and auto liability coverage includes The City of Santa Ana its City Council, officers, officials, employees, agents and Volunteers as Additional Insured, solely as respects the Named Insured's operations and negligence. The general liability coverage contains a Waiver of Subrogation in favor of the Additional Insureds, provided that such Waiver is agreed upon in a Written contract with the Named Insured. The general liability and auto liability coverage is on a primary and non-contributory basis as respects the Named Insured's negligence. Subject to policy terms, conditions and exclusions. CERTIFICATE HOLDER 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. Attn: Dan Herschleb Finance and Management Services Agency AUTHORIZED REPRESENTATIVE 20 Civic Center Plaza Santa ana CA 92701��` ©1988-2015 ACORD ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD APPROVED THIS CERTIFICATE SUPERSEDES PREVIOUSLY ISSUED CERTIFICATE By Luisa Najera at 2:41 pm, Feb 13, 2025 COMMERCIAL GENERAL LIABILITY CTCG2035 0520 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSUREDS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SECTION 11- Who Is An Insured is amended to include as additional Insureds persons or organizations: 1. With whom you have agreed in writing in a contract or agreement that such person or organization is required to be added as an additional insured on your policy, provided that the written contract or agreement has been executed prior to the time the "occurrence" takes place; or 2. To whom a certificate of Insurance has been issued on your policy naming such person or organization as an additional insured, provided that the certificate of insurance has been Issued prior to the time the "occurrence" takes place. The certificate of insurance must be approved and on file with the insurance carrier or authorized program administrator. The insurance provided to the additional insured is limited as follows: 1. That person or organization is an additional insured only with respect to liability arising out of: a. Premises you own, rent, lease, or occupy; or b. Your ongoing operations performed for that additional insured. 2. If you have a written contract or agreement in place with an additional insured, the Limits of Insurance applicable to the additional insured are those specified in the written contract or agreement or in the Declarations for this policy, whichever is less. If you do not have a written contract or agreement in place, with an additional insured to which a certificate of insurance has been issued on your policy naming such person or organization as an additional insured, the Limits of Insurance applicable to the additional insured are those specified in the certificate of insurance or in the Declarations for this policy, whichever is less All other terms and conditions of this policy remain unchanged. CTCG2035 0520 Concert Specialty Insurance Company, 2020 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CTCG20341116 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY AMENDATORY ENDORSEMENT - LOGISTICS PLATINUM FORM This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM A. SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY is amended as follows: 1. Paragraph 2. Exclusion a. is deleted and replaced by the following: a. Expected or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. 2. Paragraph 2. Exclusion g. (2) (a) is deleted and replaced with the following: (a) Less than 60 feet long; and 3. Paragraph 2. Exclusion J. (6), first exception paragraph after (6), is deleted and replaced with the following: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you. A separate limit of insurance applies to Damage to Premises Rented To You as described in Section III — Limits of Insurance. 4. Paragraph 2. Exclusion j. (6), second exception paragraph after (6), is deleted and replaced with the following: Paragraph (2) of this exclusion does not apply if the premises are "your work" and were not occupied, rented or held for rental by you beyond one year from the date "your work" was completed. 5. The last paragraph of 2. Exclusions is deleted and replaced with the following: Exclusions c. through n. do not apply to damage by fire or explosion to premises while rented to you or temporarily occupied by you with permission of the owner. A separate Limit of Insurance applies to coverage as described In SECTION III - LIMITS OF INSURANCE. B. SECTION I - COVERAGES, COVERAGE C MEDICAL PAYMENTS is amended as follows: 1. Paragraph 2. Exclusion b. Is deleted and replaced with the following: b. Hired Person To a person hired to do work for or on behalf of any insured or tenant of any insured; however, this exclusion does not apply to "volunteer workers" while engaged In maintenance or repair of your premises. C. The following coverages are added to SECTION 1- COVERAGES: WATER DAMAGE LEGAL LIABILITY 1. Insuring Agreement We will pay those sums that the insured becomes legally obligated to pay as damages because of "property damage" arising out of "water damage" to premises that are both rented to and occupied by you. The amount we will pay for damages is limited as described in SECTION III -LIMITS OF INSURANCE. CTCG20341116 Concert Specialty Insurance Company, 2020 Page 1 of 6 COMMERCIAL GENERAL LIABILITY CTCG20341116 2. Exclusions Coverage for Water Damage Legal Liability does not apply to: a. "Property damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. b. "Property damage" caused by or resulting from any of the following: (1) Wear and tear; (2) Rust, corrosion, fungus, decay, deterioration, hidden or latent defect or any quality in property that causes it to destroy Itself; (3) Smog or smoke; (4) Settling, cracking, shrinking or expansion; (5) Insects, birds, rodents or other animals; or (6) Mechanical breakdown, including rupture or bursting caused by centrifugal force. (7) Water that leaks or flows from any plumbing, heating, air conditioning or fire protection system caused by or resulting from freezing, unless: 1. You make a reasonable effort to maintain heat in the building or structure; or il. You drain the equipment and shut off the water supply if the heat is not maintained. c. "Property damage" caused directly or indirectly by any of the following: (1) Any earth movement, such as an earthquake, landslide, mine subsidence or earth sinking, rising or shifting; (2) Volcanic eruption, explosion or effusion; (3) Flood, surface water, waves, tidal waves, overflow of any body of water, or their spray, all whether driven by wind or not; (4) Mudslide or mudflow; (5) Water that backs up from a sewer or drain; (6) Water under the ground surfaces pressing on, or flowing or seeping through Foundations, walls, floors or paved surfaces; Basements, whether paved or not; HI. Doors, windows or other openings. d. "Property damage" to: (1) Plumbing, heating air conditioning, fire protection systems or other equipment or appliances; or (2) The interior of the premises caused by or resulting from rain or snow, whether driven by wind or not. D. SECTION I • SUPPLEMENTARY PAYMENTS - COVERAGES A AND B is amended as follows: 1. Paragraph 1.b. is deleted and replaced with the following: b. Up to $1,000 for cost of ball 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. 2. Paragraph 1.d. is deleted and replaced with the following: 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 $350 a day because of time off from work. CTCG20341116 Concert Specialty Insurance Company, 2020 Page 2 of 6 COMMERCIAL GENERAL LIABILITY CTCG20341116 E. SECTION II - WHO IS AN INSURED is amended as follows: 1. Paragraph 2.a. is deleted and replaced with the following: a. Your "employees" or "volunteer workers" other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company), or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are an insured for: (1) "Bodily injury" or "personal and advertising Injury": (a) To you, to your partners or members (if you are a partnership orjoint venture), to your members (if you are a limited liability company) or "employee" or co -"volunteer worker" while that co - "employee" or co -"volunteer worker" is either in the course of his or her employment or performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co -"employee" or co -"volunteer worker" as a consequence of 1.a. above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraphs 1.a. or b. above; or (d) Arising out of his or her providing or failing to provide professional healthcare services. (2) "Property damage" to property: (a) Owned, occupied or used by; (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees" or "volunteer workers", any partner or member (if you are a partnership orjoint venture), or any member (if you are a limited liability company). 2. Paragraph 3.a. is deleted and replaced with the following: 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. 3. Paragraph 4. Is added as follows: 4. For COVERAGE A and COVERAGE B only, the owner of any building leased to you, but only if the building owner is a shareholder in yourcorporation ore partner in your partnership insured In this policy, and only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you. However, this insurance does not apply: a. To any "occurrence" or offense which takes place after you cease to be a tenant in the premises; or b. To structural alterations, new construction or demolition operations performed by or on behalf of the building owner. 4. Paragraph 5. Is added as follows: 5. Vendors - Any person(s) or organization(s) with whom you agree In a written contract or agreement to name as an Insured but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold In the regular course of the vendor's business, subject to the following additional exclusions: a. The insurance afforded the vendor does not apply to: (1) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of such contract or agreement; (2) Any express warranty unauthorized by you; (3) Any physical or chemical change in the product made intentionally by the vendor; (4) Repackaging, except with unpacked solely for the purpose of inspection, demonstration, CTCG2034 1116 Concert Specialty Insurance Company, 2020 Page 3 of 6 COMMERCIAL GENERAL LIABILITY CTCG2034 1116 testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (5) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (8) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (a) The exceptions contained in subparagraphs (4) or (6); or (b) Such inspection, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. b. This insurance does not apply to any insured person(s) or organization(s) from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. c. The insurance afforded to such vendor only applies to the extent permitted by law. d. The most we will pay on behalf of the vendor Is the amount of insurance: (a) Required by the contract or agreement; or (b) Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This paragraph shall not increase the applicable Limits of Insurance shown in the Declarations. 5. Paragraph 6. Is added as follows: Managers or Lessors of Premises - Any person(s) or organization(s) with whom you agree in a written contract or agreement to name as an insured but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to: a. Any "occurrence" which takes place after you cease to be a tenant in the premises. b. Structural alterations, new construction or demolition operations performed by or on behalf of the person(s) or organization(s). (1) The insurance afforded to such manager or lessor only applies to the extent permitted by law. (2) The most we will pay on behalf of the manager or lessor is the amount of insurance: (a) Required by the contract or agreement; or (b) Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This paragraph shall not increase the applicable Limits of Insurance shown in the Declarations. F. SECTION III - LIMITS OF INSURANCE is amended as follows: 1. Paragraph 6. Of Section III — Limits of Insurance is deleted and replaced by the following: a. Subject to Paragraph 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, while rented to you or temporarily occupied by you with the CTCG20341116 Concert Specialty Insurance Company, 2020 Page 4 of 6 COMMERCIAL GENERAL LIABILITY CTCG2034 1116 permission of the owner. b. Subject to Paragraph a. above, $100,000 is the most we will pay for "property damage" to any one premises, while rented to you, caused by any cause other than fire. This limit is part of and not in addition to the limit of insurance applicable to the Damage To Premises Rented To You Limit. Our obligation to pay damages under this Paragraph b, applies only to the amount of damages excess of a deductible of $2,500. This deductible applies on a per "occurrence" basis. 2. Paragraph 8. is added as follows: 8. The most we will pay under Water Damage Legal Liability for all "property damage" arising out of any one "occurrence" is $25,000. G. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: 1. Paragraphs e. and f. are added to 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit as follows: e. The requirement in Condition 2.a. applies only when the "occurrence" or offense is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) An "executive officer" or insurance manager, if you are a corporation; or (4) A manager, if you are a limited liability company. f. The requirement in Condition 2.b. will not be 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) An "executive officer" or insurance manager, if you are a corporation; or (4) A manager, if you are a limited liability company. 2. Paragraph 6. Representations is deleted in its entirety and replaced by the following: 6. Representations a. By accepting this policy, you agree: (1) The statements in the Declarations are accurate and complete; (2) Those statements are based upon representations you made to us; and (3) We have issued this policy in reliance upon your representations. b. It will not be considered a violation of this condition if you: (1) Unintentionally fail to disclose all hazards existing at the inception of this policy; or (2) Unintentionally make an error, omission or provide an improper description of premises or other statement of information in applying for this insurance. c. You must notify us as soon as possible after the discovery of any hazards, errors or omissions in the information provided or any other relevant information that was not provided to us prior to the acceptance of this policy.. Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us is deleted and replaced with the following: 8. Blanket Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage if there is a contract, executed prior to the loss, with that person or organization that requires you to waive rights of recovery. CTCG2034 1116 Concert Specialty Insurance Company, 2020 Page 5 of 6 COMMERCIAL GENERAL LIABILITY CTCG20341116 H. The following is added to SECTION V - DEFINITIONS: "Water damage" means accidental discharge or leakage of water or steam as the direct result of the breaking or cracking of any part of a system or appliance containing water or steam. Water damage does not include the cost of repairing or replacing the system or appliance from which the water or steam escapes. All other terms and conditions of this policy remain unchanged. CTCG2034 1116 Concert Specialty Insurance Company, 2020 Page 6 of 6 � 1 NEXTDEL-01 AKAN .a►`oizo CERTIFICATE OF LIABILITY INSURANCE c--111 /2025"' 1/16/2025 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(les) 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 endorsemen s . PRODUCER C< Paramount Exclusive Insurance Services, Inc. 16760 Venture Blvd. Suite 500 Encino, CA 91436 PHONE FAX = No.ISM (818) 986-7283 ac No: 818) 986-0949 'AM%69'sorvice@paramountexclusivoins.com NSURE S AFFORDING COVERAGE NA&C# 20338 IxsuRERA:--'--nr Snecialty Insurance Company INSURED NSNaiR B INSURER C; Nextday Delivery Service, Inc. PO Box 61002 Anaheim, CA 92803 NsuRER °; R751111ER E: INSURER F: COVFRACFS CFQTICICATC MI IUMco• THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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 TYPE OF INSURANCE AODL SUER POLICY NUMER POLICY EFF POLICY UP LIMITS COMMERCIAL GENERAL UABIUTY CLAIMS -MADE ❑ OCCUR EACH OCCURRENCE DAMAGE TO RENTED MED UP (Any one owni PSRSONAL&ADVINJURY APPLIES PER ENL AGGREGATE of POLICY JECT LOC GENERALA R TE PRODUCTS-COMP/OP AGO S $ OTHER : AUTOMOBILE LIABILITY COMBINEDSINGLE UNIT S ANY AUTO AUTOS ONLY �AAlpp1NTHE��-0WNANryLEEED AUTOS ONLY AUTQ4'OFILV BODILY INJURY (Per Ptran) BODILYINJURYPer acader f OraEodREent AMAGE f UMBRELLA UAB HDCCUR FACHOCCURRENCE 5 AGGREGATE EXCESSUNE; CLAIMS -MADE DEO I I RETENTIONS S A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYIC.E RIETO l EXCLUDED? ECUTIVE YIN DFFICERAIJMeER EXCLUDEDi ❑N IWAIc1Y n l I yyeea, deacnb, ender DESCRIPTION OFOPERArONSWI w N/A X pSIC07013832-01 311/2024 3HI2025 X PERTUTF OTH. A ER E. EACH ACCIDENT S 1,000,000 .L DISEASE - EA EMPLOYE 1,000,000 EA- DISEASE - POLICY UNIT S 1,000,000 DESCRIPTON OF OPERATONS I LOCATIONS I VEHICLES 1ACORO [r/ AtltlebnAl Renerku Schetluls, r,My b AtlacMtl I more Apaa 4 nqulretll Waiver of subrogation in favor a1 the Ciry, Its CNy Council, officers, officials, employees, agents, and volunteers SHOULD ANY OF THE ABOVE DESCRIBED POLICIES 13E CANCELLED BEFORE City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Department Responsible for Agreement/Department Working ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Pim Santa ana, CA 92701 AUTHORIIEDREPRESENTATNE W TsaS-3U115 AL:UKU CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD APPROVED By Luisa Najera at 3:05 pm, Feb �2025 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC ON 04 WS A (Ed. 01-19) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT—CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. Blanket Waiver: The additional premium for this endorsement shall be 2% of the California workers' compensation premium otherwise due on such remuneration. Specific Waiver: The additional premium for this endorsement shall be 5% of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description Blanket Waiver of Subrogation As respects to all CAjobs performed by the named insured during the policy period where by written contract a waiver of subrogation is required prior to the commencement of work. This endorsement changes the policy to which it Is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 03/01 /2024 Insured Nextday Delivery Service, Inc. WC ON 04 WS A (Ed. 01-19) Policy No.: PSIC07013832 - 01 Endorsement No.: Insurance CompanyPalomar Specialty Insurance Company Countersigned By 1 Print Date: 2/27/2024 DATE(MM/DDNYYY) A`ORD® CERTIFICATE OF LIABILITY INSURANCE 6/3/2025 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 CONTACT NAME: Laura Krieger,CIC,CRM Risk Strategies Company PHONE FAX P.O. Box 818078 A/c o •440-260-1000 ac No):440-260-0218 Cleveland OH 44181 aDORess: lkrieger@risk-strategies.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Concert Specialty Insurance Company 17151 INSURED NEXTDEL-01 INSURER B:Underwriters at Lloyds 32727 NextDay Delivery Service, Inc. P.O. Box 61002 INSURER C:Scottsdale Insurance Co. 41297 Anaheim CA 92803 INSURERD: UPLAND SPECIALTY INS CO 16988 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:2123285551 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MM/DD MM/DDIYYYY A X COMMERCIAL GENERAL LIABILITY Y Y CSP8000000014600 7/1/2024 8/1/2025 EACH OCCURRENCE $1,000,000 DA AGE To RENTE CLAIMS-MADE I-XI MI OCCUR PRESES Ea occur ante $1,000,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 JECT POLICY PRO LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ B AUTOMOBILE LIABILITY Y FINFR10017077243003 7/1/2024 8/1/2025 COMBINED SINGLE LIMIT $1,000,000 E., Cid." IANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED N NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident D UMBRELLA LIAB OCCUR USXTL0680224 7/1/2024 8/1/2025 EACH OCCURRENCE $5,000,000 XLS2004680 7/1/2024 8/1/2025 X 7X EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE I ER ANYPROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICER/MEMBEREXCLUDED? N/A (Mandatory in NH) ELL -EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) **The auto policy listed on this certificate does not provide coverage for unscheduled short-term rental vehicles** The general liability and auto liability coverage includes The City of Santa Ana its City Council,officers,officials,employees,agents and Volunteers as Additional Insured,solely as respects the Named Insured's operations and negligence.The general liability coverage contains a Waiver of Subrogation in favor of the Additional Insured's,provided that such Waiver is agreed upon in a written contract with the Named Insured.The general liability and auto liability coverage is on a primary and non-contributory basis as respects the Named Insured's negligence. Subject to policy terms,conditions and exclusions. CERTIFICATE HOLDER 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. Attn: Dan Herschleb Finance and Management Services Agency 20 Civic Center Plaza AUTHORIZED REPRESENTATIVE Santa ana CA 92701 � ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Digitallysigned TU Tran byTuTran APPROVED Nguyen Nguyen Date:2025.06.05 By Tu Tran Nguyen at 9:28 am,Jun 05,2025 09:29:12-07'00' N EXTD E L-01 AKAN G ACORO CERTIFICATE OF LIABILITY INSURANCE DATE 3/5/2 2YYYY) /5/2025 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 CONTACT NAME: Paramount Exclusive Insurance Services,Inc. PHONE 818 986-7283 FAX 818 986-4949 15760 Ventura Blvd.Suite 500 (A/C,No,Ext):( ) (A/C,No):( ) Encino,CA 91436 E-MAIL service@paramountexclusiveins.com INSURERS AFFORDING COVERAGE NAIC# INSURER A:Omaha National Casualty Company 32107 INSURED INSURER B: Nextday Delivery Service,Inc. INSURER C PO Box 61002 INSURER D Anaheim,CA 92803 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: 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 TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MM/DD/YYYY MM/DD/YYYY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE ❑ OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ MED EXP(Any oneperson) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PRO- JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ ANY AUTO BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ PER OTH- A WORKERS COMPENSATION X STATUTE ER AND EMPLOYERS'LIABILITY YIN ONCCO7013832-02 3/1/2025 3/1/2026 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE NIA A X E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 1D1,Additional Remarks Schedule,may be attached if more space is required) Waiver of subrogation in favor of the City,its City Council,officers,officials,employees,agents,and volunteers APPROVED By Tu Tran Nguyen at 9:28 am,Jun 05,2025 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Y ACCORDANCE WITH THE POLICY PROVISIONS. Finance&Management Services Agency-Central Services 20 Civic Center Plaza Santa ana,CA 92701 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CTCG2035 0520 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSUREDS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SECTION II -Who Is An Insured is amended to include as additional insureds persons or organizations: 1. With whom you have agreed in writing in a contract or agreement that such person or organization is required to be added as an additional insured on your policy, provided that the written contract or agreement has been executed prior to the time the "occurrence"takes place; or 2. To whom a certificate of insurance has been issued on your policy naming such person or organization as an additional insured, provided that the certificate of insurance has been issued prior to the time the "occurrence" takes place. The certificate of insurance must be approved and on file with the insurance carrier or authorized program administrator. The insurance provided to the additional insured is limited as follows: 1. That person or organization is an additional insured only with respect to liability arising out of: a. Premises you own, rent, lease, or occupy; or b. Your ongoing operations performed for that additional insured. 2. If you have a written contract or agreement in place with an additional insured, the Limits of Insurance applicable to the additional insured are those specified in the written contract or agreement or in the Declarations for this policy, whichever is less. If you do not have a written contract or agreement in place, with an additional insured to which a certificate of insurance has been issued on your policy naming such person or organization as an additional insured, the Limits of Insurance applicable to the additional insured are those specified in the certificate of insurance or in the Declarations for this policy, whichever is less All other terms and conditions of this policy remain unchanged. CTCG2035 0520 Concert Specialty Insurance Company, 2020 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CTCG20341116 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY AMENDATORY ENDORSEMENT - LOGISTICS PLATINUM FORM This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM A. SECTION I -COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY is amended as follows: 1. Paragraph 2. Exclusion a. is deleted and replaced by the following: a. Expected or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or"property damage" resulting from the use of reasonable force to protect persons or property. 2. Paragraph 2. Exclusion g. (2)(a) is deleted and replaced with the following: (a) Less than 60 feet long; and 3. Paragraph 2. Exclusion j. (6),first exception paragraph after(6), is deleted and replaced with the following: Paragraphs (1), (3)and (4)of this exclusion do not apply to "property damage"(other than damage by fire)to premises, including the contents of such premises, rented to you.A separate limit of insurance applies to Damage to Premises Rented To You as described in Section III —Limits of Insurance. 4. Paragraph 2. Exclusion j. (6), second exception paragraph after(6), is deleted and replaced with the following: Paragraph (2)of this exclusion does not apply if the premises are"your work" and were not occupied, rented or held for rental by you beyond one year from the date"your work"was completed. 5. The last paragraph of 2. Exclusions is deleted and replaced with the following: Exclusions c. through n. do not apply to damage by fire or explosion to premises while rented to you or temporarily occupied by you with permission of the owner. A separate Limit of Insurance applies to coverage as described in SECTION III-LIMITS OF INSURANCE. B. SECTION I -COVERAGES, COVERAGE C MEDICAL PAYMENTS is amended as follows: 1. Paragraph 2. Exclusion b. is deleted and replaced with the following: b. Hired Person To a person hired to do work for or on behalf of any insured or tenant of any insured; however, this exclusion does not apply to "volunteer workers" while engaged in maintenance or repair of your premises. C. The following coverages are added to SECTION I -COVERAGES: WATER DAMAGE LEGAL LIABILITY 1. Insuring Agreement We will pay those sums that the insured becomes legally obligated to pay as damages because of"property damage"arising out of"water damage"to premises that are both rented to and occupied by you.The amount we will pay for damages is limited as described in SECTION III-LIMITS OF INSURANCE. CTCG2034 1116 Concert Specialty Insurance Company, 2020 Page 1 of 6 COMMERCIAL GENERAL LIABILITY CTCG20341116 2. Exclusions Coverage for Water Damage Legal Liability does not apply to: a. "Property damage"for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. b. "Property damage"caused by or resulting from any of the following: (1) Wear and tear; (2) Rust, corrosion, fungus, decay, deterioration, hidden or latent defect or any quality in property that causes it to destroy itself; (3) Smog or smoke; (4) Settling, cracking, shrinking or expansion; (5) Insects, birds, rodents or other animals; or (6) Mechanical breakdown, including rupture or bursting caused by centrifugal force. (7) Water that leaks or flows from any plumbing, heating, air conditioning or fire protection system caused by or resulting from freezing, unless: i. You make a reasonable effort to maintain heat in the building or structure; or ii. You drain the equipment and shut off the water supply if the heat is not maintained. c. 'Property damage"caused directly or indirectly by any of the following: (1) Any earth movement, such as an earthquake, landslide, mine subsidence or earth sinking, rising or shifting; (2) Volcanic eruption, explosion or effusion; (3) Flood, surface water, waves, tidal waves, overflow of any body of water, or their spray, all whether driven by wind or not; (4) Mudslide or mudflow; (5) Water that backs up from a sewer or drain; (6) Water under the ground surfaces pressing on, or flowing or seeping through i. Foundations, walls, floors or paved surfaces; ii. Basements,whether paved or not; iii. Doors,windows or other openings. d. "Property damage"to: (1) Plumbing, heating air conditioning,fire protection systems or other equipment or appliances; or (2) The interior of the premises caused by or resulting from rain or snow, whether driven by wind or not. D. SECTION I -SUPPLEMENTARY PAYMENTS -COVERAGES A AND B is amended as follows: 1. Paragraph 1.b. is deleted and replaced with the following: b. Up to$1,000 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. 2. Paragraph 1.d. is deleted and replaced with the following: 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$350 a day because of time off from work. CTCG2034 1116 Concert Specialty Insurance Company, 2020 Page 2 of 6 COMMERCIAL GENERAL LIABILITY CTCG2034 1116 E. SECTION II -WHO IS AN INSURED is amended as follows: 1. Paragraph 2.a. is deleted and replaced with the following: a. Your "employees" or "volunteer workers" other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company), or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or"volunteer workers"are an insured for: (1)"Bodily injury" or"personal and advertising injury": (a) To you,to your partners or members(if you are a partnership orjoint venture),to your members (if you are a limited liability company) or "employee" or co-"volunteer worker" while that co- "employee" or co-"volunteer worker" is either in the course of his or her employment or performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co-"employee" or co-"volunteer worker" as a consequence of 1.a. above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraphs 1.a. or b. above; or (d) Arising out of his or her providing or failing to provide professional healthcare services. (2)"Property damage"to property: (a) Owned, occupied or used by; (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your"employees" or"volunteer workers", any partner or member(if you are a partnership or joint venture),or any member(if you are a limited liability company). 2. Paragraph 3.a. is deleted and replaced with the following: 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. 3. Paragraph 4. Is added as follows: 4. For COVERAGE A and COVERAGE B only, the owner of any building leased to you, but only if the building owner is a shareholder in your corporation or a partner in your partnership insured in this policy, and only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you. However, this insurance does not apply: a. To any"occurrence"or offense which takes place after you cease to be a tenant in the premises; or b. To structural alterations, new construction or demolition operations performed by or on behalf of the building owner. 4. Paragraph 5. Is added as follows: 5. Vendors-Any person(s)or organization(s)with whom you agree in a written contract or agreement to name as an insured but only with respect to "bodily injury" or"property damage" arising out of"your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: a. The insurance afforded the vendor does not apply to: (1) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of such contract or agreement; (2) Any express warranty unauthorized by you; (3) Any physical or chemical change in the product made intentionally by the vendor; (4) Repackaging, except with unpacked solely for the purpose of inspection, demonstration, CTCG2034 1116 Concert Specialty Insurance Company, 2020 Page 3 of 6 COMMERCIAL GENERAL LIABILITY CTCG2034 1116 testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (5) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (8) "Bodily injury"or"property damage"arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (a) The exceptions contained in subparagraphs (4)or(6); or (b) Such inspection, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. b. This insurance does not apply to any insured person(s) or organization(s) from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. c. The insurance afforded to such vendor only applies to the extent permitted by law. d. The most we will pay on behalf of the vendor is the amount of insurance: (a) Required by the contract or agreement; or (b) Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This paragraph shall not increase the applicable Limits of Insurance shown in the Declarations. 5. Paragraph 6. Is added as follows: Managers or Lessors of Premises - Any person(s) or organization(s) with whom you agree in a written contract or agreement to name as an insured but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and subject to the following additional exclusions:This insurance does not apply to: a. Any"occurrence"which takes place after you cease to be a tenant in the premises. b. Structural alterations, new construction or demolition operations performed by or on behalf of the person(s)or organization(s). (1) The insurance afforded to such manager or lessor only applies to the extent permitted by law. (2) The most we will pay on behalf of the manager or lessor is the amount of insurance: (a) Required by the contract or agreement; or (b) Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This paragraph shall not increase the applicable Limits of Insurance shown in the Declarations. F. SECTION III -LIMITS OF INSURANCE is amended as follows: 1. Paragraph 6. Of Section III—Limits of Insurance is deleted and replaced by the following: a. Subject to Paragraph 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, while rented to you or temporarily occupied by you with the CTCG2034 1116 Concert Specialty Insurance Company, 2020 Page 4 of 6 COMMERCIAL GENERAL LIABILITY CTCG2034 1116 permission of the owner. b. Subject to Paragraph a. above, $100,000 is the most we will pay for "property damage" to any one premises, while rented to you, caused by any cause other than fire. This limit is part of and not in addition to the limit of insurance applicable to the Damage To Premises Rented To You Limit. Our obligation to pay damages under this Paragraph b. applies only to the amount of damages excess of a deductible of$2,500. This deductible applies on a per`occurrence" basis. 2. Paragraph 8. is added as follows: 8. The most we will pay under Water Damage Legal Liability for all "property damage" arising out of any one"occurrence" is $25,000. G. SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: 1. Paragraphs e. and f. are added to 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit as follows: e. The requirement in Condition 2.a. applies only when the'occurrence"or offense is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) An "executive officer"or insurance manager, if you are a corporation; or (4) A manager, if you are a limited liability company. f.The requirement in Condition 2.b.will not be 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) An "executive officer" or insurance manager, if you are a corporation; or (4) A manager, if you are a limited liability company. 2. Paragraph 6. Representations is deleted in its entirety and replaced by the following: 6. Representations a. By accepting this policy, you agree: (1) The statements in the Declarations are accurate and complete; (2) Those statements are based upon representations you made to us; and (3) We have issued this policy in reliance upon your representations. b. It will not be considered a violation of this condition if you: (1) Unintentionally fail to disclose all hazards existing at the inception of this policy; or (2) Unintentionally make an error, omission or provide an improper description of premises or other statement of information in applying for this insurance. c. You must notify us as soon as possible after the discovery of any hazards, errors or omissions in the information provided or any other relevant information that was not provided to us prior to the acceptance of this policy.. Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us is deleted and replaced with the following: 8. Blanket Transfer Of Rights Of Recovery Against Cutters To Us We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage if there is a contract, executed prior to the loss, with that person or organization that requires you to waive rights of recovery. CTCG2034 1116 Concert Specialty Insurance Company, 2020 Page 5 of 6 COMMERCIAL GENERAL LIABILITY CTCG2034 1116 H. The following is added to SECTION V-DEFINITIONS: "Water damage"means accidental discharge or leakage of water or steam as the direct result of the breaking or cracking of any part of a system or appliance containing water or steam. Water damage does not include the cost of repairing or replacing the system or appliance from which the water or steam escapes. All other terms and conditions of this policy remain unchanged. CTCG2034 1116 Concert Specialty Insurance Company, 2020 Page 6 of 6 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC ON 04 WS A (Ed.01-19) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT—CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. Blanket Waiver: The additional premium for this endorsement shall be 2%of the California workers'compensation premium otherwise due on such remuneration. Specific Waiver:The additional premium for this endorsement shall be 5%of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description Blanket Waiver of Subrogation As respects to all CA jobs performed by the named insured during the policy period where by written contract a waiver of subrogation is required prior to the commencement of work. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 03/01/2025 Policy No. ONCCO7013832-02 Endorsement No. Insured Insurance Company Omaha National Casualty Company Nextday Delivery Service, Inc. Countersigned By /�G/G/!vi � «