Loading...
HomeMy WebLinkAboutAESCO, INC. (7) INSURANCE ON FILE A-2025-107 WORK MAY PROCEED UNTIL 6NMURf.NC1=FXPIRES 0—+Jffg- FIRS--AMENDMENT TO AGREEMENT WITH AESCO,INC. TO PROVIDE ON-CALL CITY CLERK DATE. MATERIAL TESTING AND SPECIAL INSPECTION SERVICES JUL 14 2025THIS FIRST AMENDMENT to the above-referenced agreement is entered into on July 1, 2025,by and between AESCO, Inc., a California corporation ("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 Il lJ Seq+%T�ay+�as�Dz� RECITALS A. The Parties entered into Agreement No.A-2023-064-01 ("Agreement")dated April 18,2023,to provide on-call material testing and special inspection services for the City's Public Works Agency. B. The Parties executed both available extensions under the Agreement which runs through July S,2026. The Agreement is current and in-effect. C. The Parties now wish to amend the Agreement to increase the overall compensation to account for the additional services and extension of the term of the Agreement.No other changes are contemplated by this Amendment. The Parties therefore agree: 1. Section 2, Allowable Costs and Payments, Subsections "a" and "o" are hereby amended to increase the total compensation for all Consultants selected under RFP 20-111 to an aggregate amount for all Task Orders not to exceed$1,700,000 during the term of the Agreement, including any extensions. 2. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. ATTEST: >, CITY OF S :TA ANA Jennifer L all Alvaro Nunez Ci City Manager APPROVED AS TO FORM CONSULTANT SONIA R. CARVALHO City Attorney B Y '_' /` d-��''l A, q".d President Kyle ellesen By: Assis ant City Attorney Title: RECOMME D FOR APPROVAL 4 abil Saba,PE Executive Director, Public Works Agency CATE(MMICDIYYYY) �►Cr� CERTIFICATE OF LIABILITY INSURANCE 7/5/2024 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 be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements. PRODUCER CONTACT LAURIE BRENNAN HAUCK PHONE {'11 5-4 F r fill 1 516 River Hwy Ste #261 ftE E.n Mooresville, NC 1 7 ' ftf OC98533n- i-e INSURER AFFORC]ING COV AGE NAIC# IN P it in to Insurance C an 23620 INSURED Aesco, Inc. INSURER B: ` e mtmtj 17782 Georgetown Lane IN RERC ffo% stoA Casualbrf Company 42374 Huntington Beach, Ca 92647 &11 Emp e_ Pref I 1 (714) 375-38 r la - su e pCOVERAGES E IFICA B via MBETHIS ISTO CERTIFY THAT THE P G1ES 0 N E BELO AVE SNAtFj T 0 6, ? 10� INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY Cr'ATR T OR OTHER DOC N r SP T6­M-1VHIfH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY -riE P' -ICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES-LIMITS SHOWN MAY HAVE BEEN F_DU(' J BY PAID CLAIMS. INSR ADDL tiVWK POLICY EFF POLICY EXP LTR TYPE OF INSURANCE WVD POLICY NUMBE maxlvyyy LIMITS GENERAL LIABILITY EACH OCCURRENCE s2,000,000. X COMMERCIAL GENERAL LIABILITY PREMISESEa odcu r $ 100 000 CLAIMS-MADE Q OCCUR MEDEXP(Anyoneperson) $ 5000 A X Y 154BG03392-04 6/24/2024 6/24/2025 tfoEoad DVINJURY s2,000,000. GREGATE s2,000,000. GEN'LAGGREGATE LIMITAPPLIESPER: CMPlOPAGG s2,000,000. POLICY PRO- LOC $ AUTOMOBfLEL1ABILITY GLELIMIT . X ANYAUTO BODILY INJURY(Per person) $ ALLOWNED SCHEDULED SPP1813320-01 7/7/20247{7/2025 BODILY INJURY(Per accident) $ B AUTOS AUTOS X Y X HIRED AUTOS P NON-OWNED PROra RTY DAMAGE $ AUTOS $ UMBRELLA LIAB OCCUR EACH OCCURRENCE 5 2,000,000 �,' EXCESS LIABH EX202400003636 6/24/2024 6/24/2025 CLAIMS-MADE AGGREGATE 5 2,000,000 DIED I I RETE TI WORKERS COMPENSATION X I WCSTATU- I OTH- ANDEMPLOYERS'LIABILITYOR - ANY PROPRIETORIPARTNERIEXECUTIVE EIG5225319-01 4/11/2024 4/11/2025 EL EACH ACCIDENT $ 1,000,000 D OFFICERIMEMBER EXCLUDED? NIA Y (Mandatory in NH) P.L.DISEASE-EA EMPLOYEE 5 Ifyes,describeurder 1,000,000 DES IDISEASE-POLICY C Professional Liab. HCC 24 25724 107/0 9/2417/9/2025 $2,000,000 .per claim $2,000,000. aggregate DESCRIPTION OF OPERATIONS 1 LOCATIONS r VEHICLES (Attach ACORD 101.Additional Remarks Schedule,if more space is required) For on call Engineering Services City of Santa Ana, its officers, employees, agents and representatives are AI's with respects to the General Liability and Auto Liability per the attached endorsements. Insurance is Primary and Non-Contributory 30 days Notice of Cancellation with 10 days notice for Non-Payment of Premium CERTIFICATE LD City of Santa Aria SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Risk Management ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza, 4th floor Santa Ana, Ca 92702 ALIT REPRESENTATI =, �g� �D[visl : REVIEWED&APPROVED BY: r A A,14(4 e RBK Management Specialist 0 198 010 ACORD C ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 154BG03392-04 COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 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 i Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Any owner, lessee or contractor with whom you have Any and all of your completed operations. agreed, in a written contract, that such person or organization should be added as an additional insured on your policy, provided such written contract is fully executed prior to an "occurrence" in which coverage is sought under this i2olicy. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III- Limits Of Insurance: with respect to liability for"bodily injury"or"property If coverage provided to the additional insured is damage caused, in whole or in part, by"your work" required by a contract or agreement, the most we at the location designated and described in the will pay on behalf of the additional insured is the Schedule of this endorsement performed for that amount of insurance: additional insured and included in the "products- completed operations hazard". 1. Required by the contract or agreement; or However: 2. Available under the applicable limits of 1. The insurance afforded to such additional insurance, insured only applies to the extent permitted by whichever is less. law; and This endorsement shall not increase the applicable 2. If coverage provided to the additional insured is limits of insurance. 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. RY�OaNas Risk Mw*gwwdDMa1+ll sr RwEWEb&APPROVED BY. Risk Management SpedAist CG 20 37 12 19 OO Insurance Services Office, Inc., 2018 Page 1 of 1 POLICY NUMBER: 154BG03392-04 COMMERCIAL GENERAL LIABILITY CG 24 04 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Person(s) Or Organization(s): Any person or organization with whom you have agreed, in a written contract to waive the transfer of rights of recovery against others to us, provided such written waiver is fully executed prior to an 'occurrence" in which coverage is sought under this policy. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV- Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule above. o N777 Risk MaugemerdVhislm 3r RE%AEWEo/y&APPRCvm-BfY.- Risk Management Specialist CG 24 04 12 19 O Insurance Services Office, Inc., 2018 Page 1 of 1 POLICY NUMBER 154BG03392-04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT - OTHER INSURANCE (PRIMARY AND NON-CONTRIBUTORY COVERAGE) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART Schedule of Additional Insured(s): Any person or organization named in an Additional Insured endorsement attached to this policy with whom you have agreed, in a written contract, that such person or organization should be provided primary and non- contributory coverage, but only when such written contract is fully executed prior to an "occurrence" in which coverage is sought under this policy. A. Paragraph C. of this endorsement replaces However, this endorsement: paragraph 4. Other Insurance of Section IV- 1. Applies only when you are required by contract, Commercial General Liability Conditions, but agreement or permit to provide primary and only with respect to the insurance afforded to the non-contributory coverage for the additional additional insured(s) scheduled above. insured, provided such written contract, B. Paragraph C. of this endorsement replaces agreement or permit is fully executed prior to an paragraph 4. Other insurance of Section IV- "occurrence" in which coverage is sought under Products-Completed Operations Liability this policy, and Conditions, but only with respect to the insurance 2. Does not apply to any claim, loss or liability due afforded to the additional insureds) scheduled to the sole negligence of the additional insured. above. C. Other Insurance All other terms and conditions of this Policy remain Notwithstanding other valid and collectible unchanged. insurance available to the insured for a loss we cover under the applicable Coverage Part to which this endorsement is modifying, this insurance is primary and non-contributory. 3, b REMEWED&APPRCVM BY XWRI�__ , Risk Management Specialist A IFG-G-0094 03 17 Includes copyrighted material of ISO Properties, Inc., with its permission. POLICY NUMBER 154BG03392-04 COMMERCIAL GENERAL LIABILITY CG20331219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN A WRITTEN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured any person or additional insureds, the following additional organization for whom you are performing exclusions apply: operations when you and such person or This insurance does not apply to: organization have agreed in writing in a contract or agreement that such person or organization be 1. "Bodily injury", "property damage" or "personal added as an additional insured on your policy. Such and advertising injury" arising out of the person or organization is an additional insured only rendering of, or the failure to render, any with respect to liability for "bodily injury", "property professional architectural, engineering or damage" or "personal and advertising injury" surveying services, including: caused, in whole or in part, by: a. The preparing, approving, or failing to 1. Your acts or omissions; or prepare or approve, maps, shop drawings, 2. The acts or omissions of those acting on your opinions, reports, surveys, field orders, change orders or drawings and behalf; specifications; or in the performance of your ongoing operations for b. Supervisory, inspection, architectural or the additional insured. engineering activities. However, the insurance afforded to such additional This exclusion applies even if the claims against insured: any insured allege negligence or other 1. Only applies to the extent permitted by law; and wrongdoing in the supervision, hiring, 2. Will not be broader than that which you are employment, training or monitoring of others by required by the contract or agreement to provide that insured, if the "occurrence" which caused for such additional insured. the "bodily injury" or "property damage", or the offense which caused the "personal and A person's or organization's status as an additional advertising injury", involved the rendering of or insured under this endorsement ends when your the failure to render any professional operations for that additional insured are architectural, engineering or surveying services. completed. o e 1lEIGMNI�CYYIdI�LJRIS(flIL RFMEvjED&APPRovED BY: �I A Arco Risk Management Specialist CG 20 33 12 19 ® Insurance Services Office, Inc., 2018 Page 1 of 2 2. "Bodily injury" or "property damage" occurring C. With respect to the insurance afforded to these after: additional insureds, the following is added to a. All work, including materials, parts or Section III — Limits Of Insurance; equipment furnished in connection with such The most we will pay on behalf of the additional work, on the project (other than service, insured is the amount of insurance: maintenance or repairs) to be performed by 1. Required by the contract or agreement you have or on behalf of the additional insured(s) at entered into with the additional insured; or the location of the covered operations has been completed; or 2. Available under the applicable limits of insurance; b. That portion of"your work" out of which the injury or damage arises has been put to its whichever is less. intended use by any person or organization This endorsement shall not increase the applicable other than another contractor or limits of insurance. subcontractor engaged in performing operations for a principal as a part of the same project. RiekM=agmentDMalan Ir, Ri EVIEwED&APPRovm 8Y Risk Management Specialist Paige 2 of 2 © Insurance Services Office, Inc., 2018 CG 20 33 12 19 POLICY NUMBER: SPP1813320-00 COMMERCIAL AUTO CA990187 0715 This Endorsement Changes The Policy. Please Read It Carefully BUSINESS AUTO COVERAGE EXPANSION ENDORSEMENT This endorsement modifies insurance provided by the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the COVERAGE FORM apply unless modified by the endorsement. A. Newly Acquired or Formed e. An "employee" of yours is an "insured" Organizations, Employee Hired Car while operating an "auto" hired or rented Liability and Blanket Additional Insured under a contract or agreement in that Status for Certain Entities. "employee's" name, with your Item 1.Who is an Insured of Paragraph A. permission, while performing duties Coverage under SECTION II—COVERED related to the conduct of your business. AUTOS LIABILITY COVERAGE is f. Any person or organization you are amended to add: required by written contract or d. Any organization you newly acquire or agreement to name as an additional form, other than a partnership,joint "insured", but only with respect to venture or limited liability company, and liability created in whole or in part by over which you maintain ownership of a such agreement. majority interest(greater than 50%), will B. Increase Of Loss Earnings Payment qualify as a Named Insured; however, Subpart(4) of a. Supplementary Payments (1) coverage under this provision is of Item 2. Coverage Extensions of afforded only until the 180«day Paragraph A. Coverage under SECTION II after you acquire or form the — COVERED AUTOS LIABILITY organization or the end of the policy COVERAGE is amended to read: period, whichever is earlier; (4) We will pay reasonable expenses (2) coverage does not apply to "bodily incurred by the"insured" at our injury", "property damage" or request, including actual loss of "covered pollution cost or expense" earnings up to $1,000 per day that results from an "accident"which because of time off from work. occurred before you acquired or C. Fellow Employee Injured By Covered formed the organization; and Auto You Own Or Hire (3) coverage does not apply if there is Item 5. Fellow Employee of Paragraph B. other similar insurance available to Exclusions under SECTION II—COVERED that organization, or if similar AUTOS LIABILITY COVERAGE is insurance would have been amended to add: available but for its termination or the exhaustion of its limits of This exclusion does not apply if the "bodily insurance. injury" results from the use of a covered "auto" you own or hire. Such coverage as This insurance does not apply if is afforded by this provision is excess over coverage for the newly acquired or formed organization is excluded either any other collectible insurance, by the provisions of this coverage form or by endorsement. Mv%"naTD x REVIEWED&APPI7ovED 9Y: ;i Risk Managef merit Specialist CA990187 0715 Includes Copyrighted Material of Insurance Services Off ic , Used with permission D. Limited Automatic Towing Coverage G. "Personal Effects" Coverage Item 2. Towing, of Paragraph A. Coverage, Item 4. Coverage Extensions of Paragraph under SECTION III— PHYSICAL DAMAGE A. Coverage, under SECTION III - COVERAGE is amended to read: PHYSICAL DAMAGE COVERAGE, is amended to add: 2. Towing "Personal Effects" Coverage We will pay for towing and labor costs We will pay actual cash value for"loss" to each time that a covered "auto" is disabled. All labor must be performed at "personal effects" of the"insured" while in the place of disablement of the covered a covered "auto" subject to a maximum "auto". limit of$2,500 per"'loss", for that covered "auto"caused by the same "accident". No a. The limit for towing and labor for deductible will apply to this coverage. each disablement is $500; H. "Downtime Loss" Coverage b. No deductible applies to this cover- Item 4. Coverage Extensions, of age. Paragraph A. Coverage, under SECTION E. Item 3. Glass Breakage— Hitting A Bird III. PHYSICAL DAMAGE COVERAGE, is Or Animal — Falling Objects or Missiles of amended to add: Paragraph A. Coverage under SECTION III "Downtime Loss" Coverage — PHYSICAL DAMAGE COVERAGE, is amended to add: We will pay any resulting "downtime loss" expenses you sustain as a result of a Glass Repair Coverage covered physical damage"loss"to a We will waive the Comprehensive covered "auto" up to a maximum of$100 deductible for Glass, if one is indicated on per day, for a maximum of 30 days for the your covered "auto", for glass repairs. We same physical damage"loss", subject to will repair at no cost to you, any glass that the following conditions: can be repaired without replacement, a. We will provide"downtime loss" beginning provided the"'loss" arises from a covered th Comprehensive"loss" to your"auto". on the 5 day after we have given you our agreement to pay for repairs to a F. Increase Of Transportation Expense covered "auto" and you have given the Coverage repair facility your authorization to make Subpart a. Transportation Expenses of repairs; Item 4. Coverage Extensions of Paragraph b. Coverage for"downtime loss" expenses A. Coverage under SECTION III— will end when any of the following occur: PHYSICAL DAMAGE COVERAGE is (1) You have a spare or reserve "auto" amended to read: available to you to continue your a. Transportation Expenses operations. We will pay up to$50 per day to a (2) You purchase a replacement"auto". maximum of$1,000 for temporary (3) Repairs to your covered "auto" have transportation expense incurred by you been completed by the repair facility because of the total theft of a covered and they determine the covered "auto" of the private passenger type. "auto" is road-worthy. We will pay only for those covered autos for which you carry either (4) You reach the 30 day maximum Comprehensive or Specified Causes of coverage. Loss Coverage or Theft Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its"loss". Asp"",�,,"`� R1efcM�em�rtEDiv�slmt 3 I °Nn REVIEWED&APPR4VmBY: Risk Management Sped Mist CA990187 0715 Includes Copyrighted Material of Insurance Services OfficeJ41. Used with permission I. Item 4. Coverage Extensions, of d. Contraband or property in the course Paragraph A. Coverage, under SECTION of illegal transportation or trade. Ill. PHYSICAL DAMAGE COVERAGE, is e. "Loss" caused by theft, unless there is amended to add: evidence of forced entry into the We will pay any resulting rental covered "auto" and a police report is reimbursement expenses incurred by you for filed. a rental of an "auto" because of"loss"to a K. Accidental Airbag Discharge Coverage covered "auto" up to a maximum of$100 per day, for a maximum of 30 days for the same Item 3.a. of Paragraph B. Exclusions under physical damage"loss", subject to the SECTION III—PHYSICAL DAMAGE following conditions: COVERAGE is amended to read: a. We will provide rental reimbursement a. Wear and tear, freezing, mechanical incurred during the policy period or electrical breakdown. The beginning 24 hours after the "loss" and exclusion relating to mechanical ending, regardless of the policy break-down does not apply to the expiration, with the number of days accidental discharge of an air bag. reasonably required to repair or replace L. Loan or Lease Gap Coverage the covered "auto". If the "loss" is Paragraph C. Limit Of Insurance under caused by theft, this number of days is SECTION III— PHYSICAL DAMAGE the number of days it takes to locate the COVERAGE is amended to add: covered "auto" and return it to you or the number of days it takes for the claim to If a covered "auto" is owned or leased and be settled, whichever comes first. if we provide Physical Damage Coverage on it, we will pay, in the event of a covered b. Our payment is limited to necessary and total "loss", any unpaid amount due on the actual expenses incurred. lease or loan for a covered "auto", less: c. This coverage does not apply while a. The amount paid under the Physical there are spare or reserve "autos" Damage Coverage Section of the available to you for your operations. policy; and d. If a"loss" results from the total theft of a b Any: covered "auto" of the private passenger type, we will pay under this coverage (1) Overdue lease or loan only that amount of your rental payments including penalties, reimbursement expenses which is not interest or other charges already provided for under the Physical resulting from overdue Damage Coverage Extension. payments at the time of the J. "Personal Effects" Exclusion "loss'"; Paragraph B. Exclusions under SECTION (2) Financial penalties imposed III— PHYSICAL DAMAGE COVERAGE, is under a lease for excessive use, amended to add abnormal wear and tear iv high : mileage; "Personal Effects" Exclusion (3) Costs for extended warranties, We will not pay for"loss" to "personal Credit Life Insurance, Health, effects" of any of the following: Accident or Disability Insurance a. Accounts, bills, currency, deeds, purchased with the loan or evidence of debt, money, notes, lease; securities or commercial paper or (4) Security deposits not refunded other documents of value. by the lessor; and b. Bullion, gold, silver, platinum, or other (5) Carry-over balances from precious alloys or metals; furs or fur previous loans or leases garments;jewelry; watches; precious or semi-precious stones. c. Paintings, statuary and other works of art. `3r„_ag.yQco R[9k�DLV�91D11 REVIEWED&APPROVED BY. Risk Management Specialist CA990187 0715 Includes Copyrighted Material of Insurance Services Office- , NJ Used with permission M. Aggregate Deductible (3) An executive officer" or director, if Paragraph D. Deductible under SECTION you are a corporation; III— PHYSICAL DAMAGE COVERAGE is (4) A manager or member, if you are a amended to add: limited liability company; Regardless of the number of covered (5) Your insurance manager; or "autos" involved in the same "loss", only (6) Your legal representative. one deductible will apply to that"loss". If the deductible amounts vary by"autos", P. Waiver Of Subrogation For Auto Liability then only the highest applicable deductible Lasses Assumed Under insured Contract will apply to that"loss". Item 5. Transfer Of Rights Of Recovery N. Diminishing Deductible Against Others To Us of Paragraph A. Loss Conditions under SECTION IV— Paragraph D. Deductible under SECTION BUSINESS AUTO CONDITIONS is III— PHYSICAL DAMAGE COVERAGE is amended to read: amended to add: 5. Transfer of Rights of Recovery Any deductible will be reduced by the Against Others To Us percentage indicated below on the first `"lass" reported during the corresponding If any person or organization to or for policy period: whom we make payments under this Coverage Form has rights to recover damages from another, those rights are Loss Free Policy Periods Deductible transferred to us. That person or With the Expansion Reduction on the organization must do everything Endorsement first"loss" necessary to secure our rights and must 1 peso do nothing after an "accident" or"loss" 2 25% to impair them. However, if the insured has waived those rights to recover 3 50% through a written contract, we will waive 4 75% any right to recovery we may have 5 100% under this Coverage Form. If we pay a Physical Damage "loss" during Q. Insurance is Primary and the policy period under any BUSINESS Noncontributory AUTO COVERAGE FORM you have with Subpart a. of Item 5. Other Insurance of us, your deductible stated in the Paragraph B. General Conditions under Declarations page of each such SECTION IV— BUSINESS AUTO COVERAGE FORM will not be reduced on CONDITIONS is amended to read: any subsequent claims during the remainder a. This insurance is primary and of your policy period and your deductible noncontributory, as respects any other reduction will revert back to 0% for each insurance, if required in a written such COVERAGE FORM if coverage is contract with you. renewed. O. Knowledge of Loss and Notice To Us R. Other Insurance-- Hired Auto Physical Damage Subsection a. of Item 2. Duties In the Event Subpart b. of Item 5..Other Insurance of of Accident, Claim, Suit or Loss of Paragraph B. General Conditions under Paragraph A. Loss Conditions under SECTION IV— BUSINESS AUTO SECTION IV-- BUSINESS AUTO CONDITIONS is amended to read: CONDITIONS is amended to add: However, prompt notice of the"accident"', b. For Hired Auto Physical Damage claim, "suit"' or"loss"to us or our Coverage, the following are deemed to be covered "autos" authorized representative only applies you own: after the"accident", claim, "suit" or"loss" is (1) Any covered "auto" you lease, known to: hire, rent or borrow; and (1) You, if you are an individual; (2) A partner, if you are a partnership; ��o�.�ve RAMougernentEHvisiort �r REv exm&APPRiNED BY ,�. al ttGztiissG ' Risk Management Specialist CA990187 0715 Includes Copyrighted Material of Insurance Services Office , Used with permission (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto"that is leased, hired, rented or borrowed with a driver is not a covered "auto". S. Unintentional Failure To Disclose Hazards Paragraph B. General Conditions under SECTION IV—BUSINESS AUTO CONDI- TIONS is amended to add: 9. Your failure to disclose all hazards existing as of the inception date of this policy shall not prejudice the coverage afforded by this policy, provided that such failure to disclose all hazards is not intentional. However, you must report such previously undisclosed hazards to us as soon as practicable after its discovery. T. Additional Definition SECTION V—DEFINITIONS is amended to add: "Personal effects" means personal property owned by the "insured". "Downtime loss" means actual loss of "business income" for the period of time that a covered "auto": 1. Is out of service for repair or replacement as a result of a covered physical damage"loss" and 2. Is in the custody of a repair facility if not a total "loss". "Business Income" means: 1. Net Income (Net Profit or Loss before income taxes) that would have been earned or incurred; and 2. Continuing normal operating expenses incurred, including payroll. In this endorsement, Headings and Titles are inserted solely for the convenience and ease of reference. They do not affect the coverage provided by this endorsement, nor do they constitute any part of the terms and conditions of this endorsement. All other policy wording not specifically � o changed, modified, or replaced by this °f.on."°` t REV1EWEl7 de APPROVED 8Y: endorsement wording remains in effect. °i Risk Management Spe©alist CA990187 0715 Includes Copyrighted Material of Insurance Services Office , Used with permission WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84) 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. The additional premium for this endorsement shall be 2 % of the California workers` compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description With respect to all employees subject to the workers' compensation laws of the state of California, any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. This policy is subject to a minimum charge of$250 for the issuance of waivers of subrogation 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.) This endorsement, effective 04/11/2024 at 12:01 AM standard time, forms a part of Policy No. EIG 5225319 01 Of the EMPLOYERS PREFERRED INS, CO. Carrier Code 00920 Issued to AESCO INC Endorsement No. Premium $12,459 o �fp RAMwwgemv-&DMslan i fir--me im&APPRQVM BY Countersigned at on By. Author }, u Ac , Risk management Spedalfst WC 04 03 06 (Ed. 4-84) O 1998 by the Workers'Compensation Insurance Rating Bureau of California.All rights reserved.