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HomeMy WebLinkAboutPROFESSIONAL SPORTS FIELD MAINTENANCE, INC. (2) -2017 1 t.11�/ VI J�1111U /"►IIa1 �- Clerk of the Council COTC Office Use Only AGREEMENT TERMir..ATION FORM Please complete this form when the attached agreement and all amendments (if any) are no longer in effect. 2o7 , Note: If your agreement is grant related,please ensure that all grant retention requirements 3' 1 8have been satisfied prior to signing the termination form. CITY 0 S rti CLERK 1O;=',Cr� TA DNA Return form to the Clerk of the Council Office (M-30). )�f �(L Call 647-1520 if you have any questions. The agreement with -17\i O`? €`(i\c&' S PO(k& cc \\ACk 11r1 -e-1/ a £,, 4-nQ' No. 14- 30C1 LC% was completed on 10 I and final payment has been made. (List all amendments. Use space below if needed.) - p / Yp,� �.;t--� C '�-��fi' �1' l Department: � ��i� Phone/Ext.: Sa_ ' Signature: is)..: �( l ' ^ �.14� Date: 4,.AD-{) Revised:01-07-16 INSURANCE ON FILE A-2017.008 WORK MAY PROCEED UNTIL INSUR ICI EXPIRES L% � i 7 ._,._ AGREEMENT FOR BALL DIAMOND MAINTENANCE SERVICES G9 fR 0 COUNCIL CITY OF SANTA ANA (DISTRICT 2) DALE: t1aa%r7 THIS AGREEMENT is made and entered into this 17th day of January, 2017 by and between Professional Sports Field Maintenance, Inc. ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"), RECITALS A. On October 17, 2016, the City issued Request for Proposal No. 16-127, by which it sought proposals from qualified firms for in -field ball diamond maintenance services at City parks in Districts 2 and 3. B. Contractor submitted a responsive proposal that was selected by the City for District 2. Contractor represents that it is able and willing to provide the services described in the scope of work for District 2 that was included in RFP No. 16-127 as Attachment 1 and that is attached to this Agreement as Exhibit A. C. ha undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform those services as set forth in Exhibit A to this Agreement as they pertain to District 2. Contractor's proposal is incorporated herein by reference. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services the rates and charges identified in Exhibit B as they pertain to District 2. The total annual sum to be expended under this Agreement shall not exceed $37,939 during the tern of this Agreement. This annual amount is comprised of (1) the sum of $34,490 and (2) a 10% contingency of up to $3,449 for services as may be performed by Contractor at the sole discretion of City. b. Payment by City shall be made within forty-five of days (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work that fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. 'PERM This Agreement shall commence on February 1, 2017 and terminate on January 31, 2019, unless terminated earlier in accordance with Section 15, below. The term of this Agreement may be extended. for two (2) one-year periods upon a writing executed by the City Manager and the City Attorney. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq„ and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects, Since the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the ,services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted anon -exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, proAded that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and. shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial. General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insureds) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent fonn, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the California Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. (iv) Contractor shall supply City with a frilly executed additional insured endorsement. f. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been proettred and is in force and paid for, the City shall have the right, at the City's election, to tenninate this Agreement, Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of tennination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal inj ory, including death, and claims for property damage, which may arise from the negligent operations of the Contractor or its, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terns of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement, The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782,8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. IEt Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement, All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, dociunents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 10. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presentlyhas no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Cleric of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714- 647-6956 With courtesy copies to: To Contractor: Gerardo Mouet Executive Director Parks, Recreation, and Community Services Agency City of Santa Ana 20 Civic Center Plaza M-23 P.O. Box 1988 Santa Ana, California 92702 Professional Sports Field Maintenance, Inc. 23 Emerald Glen Laguna Niguel, CA 92677 Attn: Don Bordelon, President A party may change its address by giving notice in writing to the other party, Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United. States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above, For purposes of calculating these tune frames, weekends, federal, state, County or City holidays shall be excluded. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor regarding the subject matter therein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terns of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terns or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City, Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void, Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions; a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work that fails to meet the standard of performance specified in the Recitals of this Agreement. 16. NONDISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement. Contractox affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations, 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined _ and governed by the laws of the State of California, Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 13. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have execrated this Agreement the date and year first above written. ATTEST: Mara D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: 'k..Mk4=A— JohnK Funk Assistant City Attorney RECOMMENDED FOR APPROVAL: Gerardo ouet Executive Director (' Parks, Recreation„ and Community Services Agency CITY OF SANTA ANA AA�e Ai��41 David Cavazos City Manager CONTRACTOR: Don Bordelon Professional Sports Field Maintenance, Inc. 1 *41 loll Appendix ATTACHMENT1 SCOPE OF WORD CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR IN -FIELD BALL DIAMOND MAINTENANCE RFP NO.: 16-127 Introduction and Background The City of Santa Ana Park Services elects to enter into agreement with a landscape contractor whose specialty is maintaining baseball/softball infields and warning tracks. State of California Licensed C-27 Contractor specializing in Ball Diamond In -Field Maintenance shall provide in -field and warning track brickdust maintenance for Baseball/Softball Diamonds per the specifications and conditions listed below. Description of Worlc 1.0 Ball Diamond Locations and Quantities/Types of Diamonds at Each Site 1.1 Cabrillo Park -District 2 L1.1 One (1) 80'/90' base path Little League Junior/Senior diamond with skinned brickdust infield. 1.2 Delhi Park -District 3 1.2.1 One (1) 60' base path Little League diamond with skinned brickdust infield. 1.3 Madison Park -District 3 1.3.1 One (1) 60' base path Major Little League diamond with skinned brickdust infield. 1.3.2 One (1) T-Ball diamond with skirmed brickdust infield. 1.4 Memorial Park -District 3 L4.1. One (1) 80'/90' base path Little League Junior/Senior diamond with skinned brickdust infield. 1.4.2 One (1.) 60' base path Little League diamond with combination turf/brickdust infield. 1.4.3 Two (2) 60' base path Little League diamonds with skinned brickdust infietds. L5 Morrison Park -District 2 1.5.1 One (1) 60' base path Girls Softball/ Little League diamond with skinned brickdust infield. 1.6 Portola Park -District 2 1.6.1 One (1) 60' base path Girls Softball/ Little League diamond with skinned brickdust infield. L7 Santiago Park -District 2 1.7.1 One (1) 60' base path Girls Softball diamond with skinned brickdust infield. 2.0 Schedule of Work to be Completed 2.1 Cabrillo Park; 5 Days per wk, Feb I st to July 15th 1 Day per wk, July 16th to Jan 31 st 2.2 Delhi Park: 1 Day per wk year round 2.3 Madison Park: 5 Days per wk, Feb 1 st to July 15'h 3 Day per wk, July 16th to Jan 31st 2.4 Memorial Park: 5 Days per wk, Feb 1 st to July 15* 1 Day per wk, July 16th to Jan 31st 2.5 Morrison Park: 3 Days per wk, Feb 1st to July 15`h 1 Day per wk, July 16th to Jan 31 st 2.6 Portola Park: 3 Days per wk, Feb Ist to July 15th 1 Day per wk, July 16th to Jan 31st 2.7 Santiago Park: 5 Days per wk year round 3.0 Field Composition Mix (Brickdust) To Be Used When Maintaining In -fields. 3.1 Field In General 3.1.1 When adding field composition mix (brickdust) to any City of Santa Ana infield, the specific type of material to be used is: Stabilizer Solutions Stabilizer Gold Infield Mix (with stabilizer). 3.2 Pitcher's Mound/Home Plate/Basepath Areas 3.2.1 When adding a mix with a higher clay composition material to any pitcher's mound/home plate/base-path area, the specific type of material to be used is: Hill Topper Home Plate and Mound Mix. 3.3 Warning Track 3.3.1 When adding field composition mix to ball diamond warning tracks the specified type of material to be used is: Stabilizer Solutions Stabilizer Warning Track Mix. 4,0 Equipment The contractor shall provide and have "on hand" at all times during the brickdust maintenance operation the following equipment. 4.1 Utility Vehicle Small tight turn radios (13') vehicle designed especially for this type of work. This vehicle shall have the capability to make circle and figure eight patterns completely within the skinned brickdust infield area and not trespass onto adjacent turf areas, Vehicles manufactured by John Deere, Ryan, Toro and Daihatsu may be acceptable. 4.2 Drags 4.2.1 Scarifying Drag: Used to scratch up or loosen up the skimied area. The drag shall be made of heavy-duty steel capable of carrying additional weight (`s). Digging teeth shall be hardened and pointed and be %" in diameter. Pull chain shall be included. 4.2.2 Cutting and Leveling Drag: Used to level and backfill low spots in the skinned area. The leveling drag and cutting blades shall be made of galvanized steel. This drag shall feature cutting blades that are adjustable and capable of cutting down dirt build-up (high spots) and depositing dirt into holes (low spots) creating a smooth and level playing surface. Pull chain shall be included. 4.2.3 Grooming or Finish Drag: Used to complete dragging procedure on a daily basis and lighter/gentle movement of brickdust. This drag shall be galvanized metal "door -mat" link. Pull chain shall be included. Drag shall be 6' in length by 6' in width. Nail Drag: Used to lightly roughen infield surface. Use True Pitch Mound Nail Drag or approved equal 4.3 Other Equipment 4.3.1 Hand Tamp: 20 lb. variety with 48" min. handle. Used to compact worn areas around bases, home plate and pitching mound. 4.3.2 Plastic Sheeting and Duct Tape: Used to wrap hand tamp head and help prevent wet clay from sticking. 4.3.3 Grade or Grooming Rake: Used to rake and fine level areas. Shall be made of aluminum, 36" wide and a 6' handle. 4.3.4 Heavy Duty Shovels: Used to move material. Round/Square Point and Scoop shovels. 4.3.5 Heavy Duty Hose: Used to water down skinned area. Shall be 3/4" to I" top quality construction with 225-psi working pressure. Leaks of any kind are not permitted. Contractor shall have a minimum of 175' of hose on hand at all times. 4.3.6 High Pressure Nozzle: Attached to hose. Use to spray down brickdust and push excess brickdust off turf edges. 4.3.7 Industrial Push Broom: Used to remove excess brickdust from turf edges. Shall be 24" min. wide with heavy-duty dual weight bristles. 4.4 Wet Conditions Equipment" (Add to equipment above) 4.4.1 During periods of inclement weather or when the areas are wet the contractor shall have "on -hand" during all brickdust maintenance operations the following items: 44.2 Squeegee: Used to push/squeeze water off wet areas or into dry areas or drains. Shall be 24" to 36" wide with neoprene blade and magnesium/aluminum head. 4.4.3 "Super Sopper": Used to collect standing water in brickdust areas. Shall be drum type with exterior sponge and arn7 holding dram. 4.4.4 Diamond or Beokson Pump: Used to remove standing water in brickdust areas. Shall be plastic with flexible piston and value. 4.4.5 Infield Sopper with Wringer and Bucket: Used to collect standing water in brickdust areas. Sopper shall be geotextile-covered sponge typical for absorbing chemical spills. 5.0 Meetings 5.1 Contractor shall provide City of Santa Ana staff with a contact person and a phone number to reach the contact person from the hours of 6:30am — 5:00pm, Monday — Saturday. 5.2 Contractor shall appoint and identify to City of Santa Ana staff a "site supervisor", This site supervisor shall meet with staff as requested at time and place agreed upon by both parties for as long as the contract is in effect to discuss any problems/concems that may arise and any goals for the week. 5.3 In November of each year for as long as the contract is in effect, Contractor shall personally meet with staff, along with the designated site supervisor, to discuss and outline schedules for "Annual Renovations" (listed in Section 10,0). 6.0 Daily Infield & Warning Track Maintenance 6.1 General 6.1.1 Contractor shall remove all litter, broken glass and hazardous debris from infield and dugout areas. 6.1.2 Contractor shall keep brickdust and dugout areas in a clean and weed free condition. Dugouts shall be cleaned daily and be free of brickdust, stains, weeds and other debris. Dugouts shall be hosed down weekly so they are completely free of any brickdust or other stains/gum, sunflower seeds, etc. 6.1.3 Contractor shall hose and/or sweep and hose out all dugouts so they are 100% free of brickdust, brickdust stains or any other debris. 6.2 Mahrkenance Procedure 6.2.1 Retain smooth and level playing surface, using the following daily procedure. The contractor shall remove all bases before beginning any work. on in -field and re -install after all work on in -field is completed. 6.2.2 After removing all bases, the contractor shall scrape/wire brush all base post anchors and base inserts. This will help facilitate the base removal and installation. 6.2.3 The Contractor shall rake/shovel loose material from high spots back into low spots/worn areas on running paths, sliding zones, and any other low spots/worn areas appearing on the field before any watering or dragging shall take place. 6.3 Home Plate Area/Batter's Box Area Holes (follow Gail Materials home plate/pitchers mound maintenance video) 6.3.1 Sweep/Rake away all loose brickdust-mound mix -calcine clay, 6.3.2 Wet area until moist. 6.3.3 Scarify area (`s) [batter's box hole (`s)) with shovel; This will help the mix bind better, 6.3.4 In a 5 gallon bucket mix "mound mix" with water to desired consistency. Do not use infield mix for this purpose. 6.3.5 Backfill "mound -mix" material into hole (`s). 6.3.6 Tamp the area firmly with steel nunp. Note: The tamp will be most effective if you cover the bottom with plastic. Tape the plastic to the tamp handle. The plastic keeps the clay from sticking to the tamp's bottom. 6.3.7 Wet area until moist using a hose and power nozzle, Cover areas with calcified clay. 6A Pitcher's Mound 6.4.1 Follow same procedure for repair of home plate/batter's box area utilizing dry "mound mix" for this purpose. Do not cover with infield mix. 6.4.2 Add to the above the following: Rake all loose material from bottom to top and cover with "Mound Mix". 6.5 General Brickdust Skinned Infield Areas 6.5.1 After raking/shoveling loose material from high spots back into low spots/worn areas on running paths, sliding zones, and any other low spots/worn areas appearing on the field, the Contractor shall fill all remaining low spots with new Stabilizer Solutions Stabilizer Gold Infield Mix (with stabilizer), brickdust from stock and make level. 6.5.2 The contractor shall clean all excess brickdust beneath or next to the backstop; dugout chain link fencing and/or infield chain link fence lines so that the infield brickdust is level with the dugout pavement and pavement outside the infield. 6.5.3 Lightly water entire infield before dragging. Note: Watering shall penetrate 'brickdust to a minimum depth of 1/8" deep min. This process is crucial to keeping brickdust in place and not going air bome. 6.5.4 Drag infield utilizing small utility vehicle as specified with "grooming or finishing drag". Circular or figure eight drag patterns shall be used (see details 1- A & 1-B). Alternate drag patterns or reverse direction of drag patterns daily to avoid ruts and high/low areas. Speed of drag procedure shall not exceed 7 mph. 6.5.5 When dragging the skinned infield, the contractor shall stay away from all turf edges a minimum of 1,8". This will help in avoiding lips at brickdust/tmf edges. This 18' gap shall also apply to all backstops and chain link fence areas. 6.5,6 Contractor shall hand rake all base paths on combination turf/brickdust infields. 6.5.7 When the dragging process is complete, the contractor shall stop the drag in a different location daily. This will stop the accumulation of brickdust in focused areas. At this time roll -up the drag, place it on the vehicle and remove all debris accumulated in the drag at this spot and rake out material emptied from drag. 6,5.8 After dragging, hand ralce the 18" edges using the "grade or grooming rake". The rake shall be hold at an angle as to not push brickdust onto/into turf areas. 65.9 After raking the 18" edges, the contractor shall clean all excess brickdust on the turf edges utilizing a high pressure water nozzle or heavy duty broom. NO brickdust shall be permitted on the turf edges at any time. If in the determination of City staff, an unsafe lip situation exists (an unsafe lip is `/a" or greater) in any turf/brickdust border area infield to brickdust, base -paths or brickdust to outfield), contractor will be required to remove or level the soil build-up with a sod cutter and re-establish the in -field boundaries with a string line or suitable method and re -sod up to the border to remedy the situation at contractors expense. Pre- existing conditions shall be corrected during contract start-up. 6.6 Final Watering 6.6.1 This is the most time consuming and a very important element of the procedure. 6.6.2 The contractor shall final water the skinned brickdust to a depth of minimum. 7.0 Rainy Weather/Wet Field Procedure 7.1 On the next scheduled working day after a rainfall, the following procedure, in the order listed, shall be adhered to: 7.1.1 Remove all standing water from low spots either by skimming off excess water and spreading it out to dry areas or using a pump/sopper system. 7.1.2 Rake out (scarify) wet areas. 7.1.3 Apply Stabilizer Solutions Stabilizer Gold Infield Mix (with stabilizer) from stock to all Wet Areas and Rake Out. Cap with calcified clay T arface. 8.0 Work to be Completed FIVE (5) TIMES PER YEAR 8.1 To maintain levelness of all fields, contractor shall, once every two months, scarify drag built up amounts of materials at high spots and cut and level drag the scarified material to low spots. The Contractor shall fill any remaining low spots with new Stabilizer Solutions Stabilizer Gold Infield Mix (with stabilizer) brickdust from stock and make level. Cap with calcified clay Turface. Nate: Staff shall identify areas to scarify/cut and level drag to the contractor at weekly meetings with contractors appointed site supervisor (as per section 6.2 of contract). 8.2 Heavy water scarified and cut and leveled areas to a y2" min. depth and allow settling In before play on field. Note: Due to heavy watering and its need to settle before play, staff shall provide a schedule of bi-monthly scarify/cut and level drag dates to contractor. 9.0 Work to be Completed "ANNUALLY" 9.1 Each year, the following renovation is to be done on all fields in conjunction with the City's Annual Sports Turf Renovation Schedule. Fields renovated may change from year to year. 9.1.1 Contractor shall laser grade each ball diamond. Contractor shall scarify drag built up amourits of materials at high spots and cut and level drag the scarified material to low spots. The Contractor shall fall any remaining low spots with new Stabilizer Solutions Stabilizer Gold Infield Mix (with stabilizer) brickdust from stock and make level. Note: Staff shall identify areas to scarify/cut and level drag at the November meeting with contractor's owner (as per section 6.3 of contract). 9.1.2 Contractor shall verify and maintain all base distances, pitching rubber distances and pitching mound specifications per the Little League, Pony/Colt League specifications for each specific field. Contractor shall repair any specifications not being met on any field. In addition, the Director's Representative may elect to pay extra for the Contractor to install 1/2" new Stabilizer Solutions Stabilizer Gold Infield Mix (with stabilizer) to in -fields at all diamonds (minimum 25 tons per Girls Softball/Major Little League Field and minimum 50 tons per Junior/Senior Little League Field). Also, the Director's Representative may elect to pay extra for the Contractor to install a minimum of 2 ton of Turface calcite clay per Girls Softball/Major Little League Field and 4 tons of Turface calcite clay to Junior/Senior Little League Fields Responsibility for and purchase of necessary materials shall be at contractor's expense. 9.1.3 The Director's Representative may elect to pay extra for the Contractor to rebuild pitcher's mound and batters boxes to MLB specifications for high school/college/senior-junior diamonds and Little League specifications for Little League major diamonds using Hill Topper Mound Mix capped with calcified clay by Turface. 10.0 Work To Be Completed "AS DIRECTED" 10.1 Replace Base ANCHORS as directed. Note: City of Santa Ana uses the Hollywood Breakaway base anchoring system. Contractor shall install base anchors into the ground per manufacturer's standards. Top of stake shall be approximately 2" below the surface grade so that the base sits level and flush against the surface on all sides. 10.2 Replace Bases as directed. Note: City of Santa Ana shall be responsible for supplying all necessary base anchors and/or bases to the contractor as needed. 10.3 Replace or Remove/Level/Re-Install home plates as directed. Home plate shall be 1" above finish grade of batters circle. 10.4 Replace or Remove/Level/Re-Install pitching rubbers as directed, Note: City of Santa Ana shall be responsible for supplying all necessary home plates and/or pitching rubbers to the contractor as needed. 10.5 When given direction to complete "as directed" work, contractor shall complete the directed work on the next working day, 11.0 Infield Turf Maintenance I t.1 Infield turf shall mean all sport turf in the infield, the foul territory of the infield and 36" beyond the infield and warning track brickdust skin line/arc. Infield, and warning track turf shall be mowed and edged one (1) time per week Mowing shall be accomplished, by walls -behind reel mower — Jacobsen Eclipse2 reel mower, TruCut or John Deere Walk Greens Mowers (180 E-Cut Hybrid, 220-E Cut Hybrid, 180SL-220SL-260SL Precision Cut units along skinned infield brickdust areas, turf infields, turf infield foul areas, and foul territories. Additional mowers may be submitted for approval by the City. 11.1.1 Contractor shall use a Jacobsen Eclipse2, TruCut or John Deere walk-bebind "greens" reel mower to provide "putting green" quality finish cut. 11.1.2 Infield turf shall be cut between %z" and ''/4" per Director's Representative direction. 11.1.3 All turf clippings shall be collected and disposed of. 11.1.4 Edging of infield are shall be performed by infield sub, Straight lines shall be edged by running a string line to assure lines are edged perfectly straight. 11.2 Infield turf shall be irrigated to maximize healthy growth of the turf while conserving water, Over watering will not be acceptable, 11.2,1 Contractor shall check and program the automatic irrigation controller as often as necessary to assure the correct amount of water is applied to the infield sport turf. 11.2.2 Contractor shall provide any areas of the turf supplemental watering using a garden hose on an as needed basis to assure a high quality turf infield. Optional As Extra Work -Infield turf shall be fertilized two (3) times per year in the first week of January and April and when the field is renovated each year per the agronomic plan. The Contractor shall use California Organic products `Phyta-Boost' 7-1-2 fertilizer at 600 pounds per acre, and `Compel' compost at 300 pounds per acre. 11.2.3 Contractor shall distribute the fertilizer evenly using a mechanical broadcaster. No hand distribution will be allowed. Optional As Extra Work - Infield turf shall be aerated using a walk behind piston type aerator as often as deemed necessary by Staff. 11.3 Infield turf shall be kept weed free at all times. 11.3.1 Any grasses other than the original hybrid Bermuda, acid cropped over perennial rye installed in the infield shall be eradicated immediately upon notice. The Contractor may choose the method of eradication, however, may not damage the turf. 1.1.3.2 Any broadleaf and/or turf type weeds shall be eradicated immediately upon notice. The Contractor may choose the method of eradication, however, may not damage the turf. 11.4 Infield turf shall be kept free of disease and rodents at all tunes. 11.4.1 The Contractor shall be responsible for identifying and treating any diseases or rodents immediately upon notice. 11.5 Infield turf annual renovation (Optional, at City's request, as a contingency item) 11.5.1 Each year the infield turf shall be renovated: 1) verticut using the straight blade reels with blades 1.25'-1.50" apart; 2) mowed to %4" high immediately following verticutting; 3) overseeded with Stovers Seed Company Bermuda Dunes at a rate of 8 pounds of seed per 1,000 square feet; and, 4) top dressed immediately following seeding by Materials using "Santa Ana Top Dress Mix"'/4" minus STA tested /approved compost -seed topper with California Organic Phyta-Boost 7-1-2 fertilizer pre -mixed (35 cubic yards seed topper to 700 pounds of organic fertilizer), 11.6 Infield monthly overseediag (Optional, at City's request, as a contingency itctn) 11.6.1 Each month the infield turf shall be verticut using the greens reel mower straight blade reels with blades 1.25'-1.50" apart and overseeded with Stovers Seed. Company Bermuda Dunes at a rate of I pound of seed per 1,000 square feet or Simplot's Jacldin Seed Company CSI Perennial Rye at a rate of 1 pound of seed per 1,000 square feet. 12.0 General Contract Provisions 12.1 Contractor shall provide and is responsible for all equipment necessary to carry out the work outlined in the contract. There will be no available storage for equipment. Contractor will be responsible for bringing in and then removing all equipment necessary to carry out the work outlined in the contract. Consultant Responsibilities: 1.0 UNIFORMS AND VEHICLES IDENTIFICATION 1.1 The Contractor shall provide to all field personnel a standard uniform including but not limited to uniform company hats, collared work shirts, pants, jackets, cold weather vests and ANSI approved safety shoes. All uniforms will be marked by patch, sills screen or embroidery with the company name and logo or other form of identification. 1.2 All equipment shall be clearly identified on both sides and rear of the vehicles as belonging to the Contractor, well maintained, in excellent working condition, be clean in appearance and without extensive visible damage, dirt graffiti etc, In addition, all vehicles shall have the company's name, contractor's license number and contact information clearly identified on both sides and the rear of the vehicle. 1.3 The Director's Representative reserves the right to direct the Contractor to remove an employee or piece of equipment for not meeting high maintenance and appearance standards, 2.0 SAFETY REQUIREMENTS 2.1 All work performed tinder this contract shall be completed with maximum safety as the priority above all other requirements. The Contractor shall be incompliance with his/her companies City approved Illness and Injury Prevention Program. 2.2 All work performed tinder this contract shall be performed in strict compliance with all federal, state and local safety laws, regulations or other authoritative mandates that protect workers and the general public, including but not limited to, excavation/trenching/shoring, blood borne pathogens, hazardous waste identification and transport and pesticide use and reporting. 2.3 In the event unsafe work is observed by City staff or otherwise reported, the Director's Representative may at his discretion order the Contractor to stop performing and pay all costs and or damages resulting from the delay. 2.4 In addition, the Contractor shall submit to the Director's Representative each year upon renewal of the agreement his/her updated Illness and Injury Prevention Plan and update OSHA safety training records and employee safety training certificates. 3.0 SAFETY NOTIFICATION 3.1 If Contractor identifies a potential safety issue, Contractor shall: 3.1.1 Notify the public that potentially unsafe conditions exist by installing yellow "Caution Tape" and "A" frame barricades or equal substitute around the condition, 3.1.2 Notify the Director's Representative of the condition first by phone and then in writing (e-mail is acceptable) including digital photographs of the potential safety concern. Once the Contractor has notified the City and the public of the condition, as specified above, Contractor shall have no further responsibility regarding the condition. 4.0 UNDERGROUND ALERT SYSTEMS 4.1 Underground Alert Systems (telephone number 1-800-422-4133) must be notified 48- hours in advance prior to any excavation work, 5.0 PROPERTY DAMAGE 5.1 Any damage to private property caused by Contractor shall be immediately reported to the property owner. Contractors shall pay for any damage caused to private property in performing this agreement. 6.0 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS 6.1 The Contractor shall protect City and/or private property adjacent to work areas including sprinkler systems, drain pipes, lawns, brick work, plantings, masonry work, fences, walls, sidewalks, street paving, etc., located on either public or private property. Contractor shall, at its expense, replace any property that is removed or damaged, other than property pre -approved for removal. Contractor shall abide by the City's "Policy for Driving on Park Property" (See Attachment 4). 7.0 PROTECTION OF EXISTING FACILITIES AND STRUCTURES 7.1 The Contractor shall exercise due care in protecting from damage all existing facilities, structures, and utilities, both above surface and underground on the City's property. Any damage to City, Santa Ana Park and Recreation Facilities (SAPRF), or private property caused by the Contractor's neglect shall be corrected and paid for by the Contractor at no cost to the City of Santa Ana or SAPRF, The City of Santa Ana and/or Director's Representative shall make the determination of fault. The Director's Representative reserves the right to issue a Stop Work Notice if the Contractor does not promptly repair any damage, within twenty-four (24) hours of the damage incurred, 7.2 If the Directors Representative requests or directs the Contractor to perform work in a given area, it will be the Contractor's responsibility to verify and locate any underground systems (i.e. utility lines) and take responsibility for taking reasonable precaution when working in these areas. 7.3 Contractor shall call Underground Alert (800) 422-4133) at least two working days prior to digging for line locations. Any damage or problems shall be reported immediately to the Director's Representative and the City of Santa Ana. If the Contractor discovers something unexpected or a unique problem occurs, he should stop work and immediately contact an authorized Director's Representative for a timely resolution of the problem. 8.0 SUBSTITUTIONS 8.1 Whenever a specific type of material is specified, no substitutions shall be allowed without written consent of the SAPRF representative. 9.0 CERTIFICATION & APPLICATION OF MATERIALS 9.1 All materials shall be delivered on the site in original containers. Materials shall be subject to inspection by the Director's Representative. The Director's Representative will not approve materials not meeting the SAPRF standards, and Contractor shall return any such non -satisfactory items at his/her cost. 9.2 No materials shall be applied prior to the .Director's Representative verifying the specified quantities of materials. Furthermore, should the Contractor apply materials before the Director's Representative verifites correct materials and quantities, the Contractor shall not receive credit for the applied materials. The Contractor shall then reorder and deliver the materials, thereby not receiving credit for the applied materials. 10.0 SOUND CONTROL REQUIREMENTS 10.1 The Contractor shall comply with all local sound control and noise level rules, regulations and ordinances that apply to any work performed pursuant to the Contract. Each internal combustion engine used for any purpose on the job or related to the job shall be equipped with a muffler of a type recommended by the manufacturer of such equipment. No internal combustion engine shall be operated on the project without said muffler. Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefore. Sounds, such as loud music, that are not related to the project, shall be kept at levels so as to not disturb the general public. 11.0 NOTIFICATION OF LOCATIONS OF WORK 11.1 The Contractor shall notify the Director's Representative when the contractor's crews will be working within the SAPRF. Said notifications will be made on a daily basis by telephone, cell phone, fax, or by weekly written schedules which specify the entire weeks work locations. 12.0 WORKFORCE 12.1 The Director's Representative may evaluate each of the Contractor's staff and if he/she finds that a Contractors employee or sub -contractor's employee is not performing to the satisfaction of the Director's Representative, the Director's Representative shall require the Contractor to remove the employee from work sites at his or her discretion within 24 hours of written notice. 13.0 MATERIALS 13.1 The Director's Representative shall approve or reject all materials delivered to the work site. In addition, the Contractor shall not apply any materials until the Director's Representative inspects the materials to confine they are correct per specifications. Note that the Director's Representative may stay at the work site to confirm that all materials are applied correctly and in the quantities specified. Materials applied by the Contractor prior to the Director's Representative inspecting the materials shall be considered not applied. Therefore, the Contractor shall not be given credit towards the quantity of the specified material required to be applied by the specification. The Contractor shall then be required to deliver the specified quantity of material to the work site and, following the Director's Representatives approval, apply the materials in the presence of the Director's Representative: Prior to the application or use of any materials the Contractor shall submit to the Director's Representative a minimum 48 hours before delivery to the work site a list of all materials and/or chemicals that may be used pursuant to the terms of this Agreement. The list shall include the name of the product, the products specifications, and the quantity of materials, prescribed method of use/application, Material Safety Data Sheets and chemical analysis where applicable, recommended usage and any other manufacturer's data that may be pertinent. The list must be submitted before any materials/chemicals are used pursuant to this Agreement. 13.1.1 The materials and chemicals utilized in furtherance of this Agreement shall comply with the following standards: All fertilizers shall be complete, furnishing the required percentage of nitrogen, phosphoric acid and potash to keep turf, trees, shrubs and other plants in a healthy and vigorous growing condition. Pesticides including but not limited to: Insecticides, fungicides, herbicides, algaecides, aviacides, and rodenticides shall be of the best quality obtainable and available on the market, properly labeled with guaranteed analysis, and brought to the job site in the manufacturer's original container. Materials shall as specified herein, matching those existing at the work site, or as specified by the Director's Representative. 13.1.2 All materials delivered to the site shall be accompanied by a packing slip or other form from the vendor indicating the specific commodity delivered and the quantity. City Responsibilities 1.0 CITY -DIRECTOR'S AUTHORITY The Director's Representative is the only person authorized to direct changes in any of the requirements under the Agreement and, not withstanding any provisions contained elsewhere in the Agreement, and said authority remains solely in the Director's Representative. In the event that the Contractor effects any such changes at the direction of any person other than the Director's Representative, the changes will be considered to have been made without authority and solely at the risk of the Contractor, In addition, the Director's Representative shall have the authority to accept/reject materials, workmanship and to make changes in work or schedule, when the City determines that no extra costs are involved. The Director's Representative shall also have the authority to suspend portions of the specifications and withhold the cost of the suspended portion of the agreement at his/her discretion. The intent of these specifications is known by the City of Santa Ana. Any questions relating to the interpretation of these specifications must be addressed, in writing, prior to the start of work. When the performance of the work or completion per schedule is determined to be sub -standard or not on schedule, the Director's Representative may recommend that all or a portion of payment be withheld. In addition, the Director's Representative shall have the option to hire another qualified contractor to perform any portion of the work specified and withhold payment in the amount of the cost to hire the qualified contractor. Payment to be withheld shall be deducted from the next or subsequent monthly payment due, or if the amount is insufficient to cover payment, the Contractor shall be liable for said deficiency and will be billed accordingly. The Director's Representative shall decide all questions, which may arise as to the interpretation of the quality of work, manner of performance, completion per schedule, acceptable fulfillment of the Agreement by the Contractor, interpretation of the specifications, and compensation, including completion of work by alternate sources. Special Requirements See -ATTACHMENT 4: ADDITIONAL PROVISIONS APPENDIX ATTACHMENT 4: ADDITIONAL PROVISIONS I. TERM This Agreement shall commence on upon execution of the agreement through January 31, 2019 with the option for the City to grant up to two one-year renewal options, at the same fee structure identified in Attachment 3-6 Fee Schedule, exercisable by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 2. ADDITIONAL SERVICES The City reserves the right to request additional services associated to in -field ball diamond maintenance. Prior to performance of any work the City will negotiate scope/pricing and the contractor must provide a quotation for the requested work that is to be approved in writing by the City. City written approval may be in the form of an "Authorization for Extra Work" form. 3. POLICY FOR DRIVING ON PARK PROPERTY Driving on park turf is allowed only when necessary to perform an official City maintenance or business function, and under the following circumstances: A. When delivering over 30 lbs. of equipment or supplies to a job site B. When there is no improved surface within 40 yards of the worksite C. When emergency personnel are responding to an emergency, or performing other City business When driving on park turf, employees and contractors must, to the best of their ability, avoid damage to sprinkler heads, valve boxes, other irrigation systems components, trees, ground cover and other park amenities. D. Vehicles weighing in excess of 8,000 lbs, are not allowed on park turf without prior approval of the Park Services Supervisor. If approved, the Park Services Supervisor or his designee will meet with the employee or contractor and designate the path in and out of the park that will be the least likely to cause damage. E. Employees and contractors must avoid driving on turf any time damage is likely. This includes periods after rain and heavy watering. F. Driving on designated DG pathways and other improved pathways is acceptable when performing visual inspection of park, park projects, and amenities. Driving on turf is not acceptable in these situations. 4. STA SEED TOPPER TESTING REQUIRFM.FNTS The purpose of this specification is to assure that compost products, such as mulch and seed topper, are of high quality by evidence of meeting the U.S. Composting Council's Compost Analysis Proficiency Program (CAPTP) requirements. All compost products must meet or surpass all the requirements specified in the CAPTP program, including but not limited to, having compost products tested by a CAPTP certified lab. All products must be tested and approved by a CAPTP certified lab within 30 days of delivery to the City of Santa Ana. The Director's Representative reserves the right to take samples of compost products delivered or used in the City of Santa Ana and submit the samples to a CAPTP certified lab to verify that the compost products meet or exceed the requirements set forth by the CAPTP. Should products delivered or used in the City of Santa Ana not meet the CAPTP compost requirements, the City will consider this as a failure to perform by the contractor. APPENDIX _.._ ATTACHMENT 3-6: FEE SCI3EDULE ,____ CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR IN -FIELD HALL DIAMOND MAINTENANCE RFP NO.: 16-127 Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. f have examined the Scope of Services and am familiar with the scope of work locations. t am familiar with all the existing conditions and limitation that may impact work requests. I understand and agree that I ant responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. Proposal Item Price - Provide costs for in -field ball diamond maintenance. Fee must be inclusive of all costs, including but not limited to, direct and indirect costs f'or labor, overhead, incidental supplies, travel, mileage, and fuel. The proposer warrants that the prices, terms and conditioned quoted will be valid for a period of 90 days from the date the proposal is due, in order to allow time to award an agreement. DISTRic'rl 2 ANNUAL. AMOUNT Cabrillo Perk 11,330 Morrison Park _ 5,680 Poi tola Perk Santiago Park 5.680 11,800 TOTAL 34,490 SGRVICE PER WEEK 180/9,360 if the City wishes to increase. the fmcluency of maintenance please ptovide the cost to add a day of service per week For a year. ***Pricing information for each site should be as accurate as possible, Based on funding availability, the City may remove a site from the scope of work without affecting pricing for other sites. Professional Spnits field Maintenance htc. ___ 949-661-0493 Legal Name of Company Phone and Fax Numbers 23 Emerald Glen, LacunaNieuel. CA 92677 Business Address µDon Bordelon_. President Signature of Authorized Agent Date 72-1585503 C27-929290 Federal lUnuntber(ifapplicable) Contractor License Number (ifappticable) City of Santa Ana RFP 16-127 Page 37 IM AC" © CERTIFICATE OF LIABILITY INSURANCE D9/26/2016YI 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 endorsementfs). PRODUCER Insurance Solutions License #0746539 33302 Valle Rd, Suite 200 San Juan Capistrano CA 92675 INSURED Professional Sport: Field Maintenance Inc 23 Emerald Gin (949)348-7400 >inH@ins-solutions.com COVERAGES CERTIFICATE NUMRFRrl 6-17 All RPWARTIN NI IMRFR, (949)349-2373 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, ILTR� TYPE OF INSURANCE ................. ADID SUER POLICY Err POLICY EKE POLICY NUMBER MMIDD1YYYY MMIDD/YYYY __- ����....._..1..... LIMITS ._._._ X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE ',$ 1,000,000 A CLAIMS MADE'X'. OCCUR _. '., OAMAGES.LHaENTED -- PREMISES_{Es omurrenee) __$ 500,000 _ BKO57465702 '.. 10/1/2UL6 10/1/2017 MEO EXP (Any one person) $ 15, 000 ..._..... _____... PERSONAL&ACV INJURY $ 11000,000 GENIE AGGREGATE LIMIT APPLIES PER: G CNERAL AGGREGATE $ 2, c00, 000 X ..POLICY ,. JECT LED PRODUCTS. COMPIOE AGG $ 2, 000, 000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident)_ 1,000,000 _ B X ',. ANY AUTO BODILY INJURY (Per person) S ALL AHED _;SCHEDULED AW3A377777 ......._.. AUTO AUTOS 8/26/2016 8/26/2017 BODILY INJURY (Per accident) $ NON -OWNED - HIRED AUTOS ._.., AUTOS ,tParaaldent).,, PROPERTY DAMAGE-"- uninsured motorist combined $ 300,000 X !. UMBRELLA LIAS -_X .00CUR EACHOCCURRENCF I$ 2,000,000 C EXCESS LIAS CLAIMS.MADE AGGREGATE $ 2,000, 000 DEC RETENTION$ 'ESM7465702 ''. 10/1/2016 10/1/2017 '.$ WORKERS COMPENSATION X PER 0 H- AND EMPLOYERS' LIABILITY YIN , STATUTE _ ER-"."_„-_ .._.__.._...__. „ ANY PROPRIETORIEXCLUDRIEXECUTIVE -- NIA EL EACH ACCIDENT $ 1 COO, 000 D -- 1620476-2016 -- -- MandaOFFICERri,InBREXCWDE07 I14816d ory in NH) 2/26/2016 2/26/2017 E L DISEASE - EA EMPLOYEE $ 1 , 000, 000 If yyes describe uneer - "- ' 'ASS -0ESCRIPTIONOFOPERA'rIONSbelow -" E.L. DISEASE-POLICV LIMIT '$ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, a Cached Ir moreapace is require The City of Santa Ana, it's officers, employees, agents, and represents. are included as additional insured per the attached endorsement. (714)647-6944 SCUEVAS@SANTA-ANA.ORG City of Santa Ana Attn: Purchasing Department 20 Civic Center Plaza Santa Ana, CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Alessaadra/PETERS -4s, ..._�� 91988.2014 ACORD CORPORATION. All rights ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD INSO281Pn14m, Policy#: BI<057465702 COMMERCIAL GENERAL LIABILITY CG 88 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT NON -OWNED AIRCRAFT NON -OWNED WATERCRAFT PROPERTY DAMAGE LIABILITY - ELEVATORS EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) MEDICAL PAYMENTS EXTENSION EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT PRIMARY AND NON-CONTRIBUTORY- ADDITIONAL INSURED EXTENSION ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT LIBERALIZATION CLAUSE BODILY INJURY REDEFINED EXTENDED PROPERTY DAMAGE e,44e610 �appN�l WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TMN - WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU IPA �5 G�ev 5`\,4\S P0,0�r P PAGE 2 2 2 2 3 3 3 5 6 6 7 7 7 7 7 a 8 © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 8 Policy#: BK057465702 With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON -OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided: 1. It is not owned by any insured; 2. It is hired, chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4. It is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply If there is available to the insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under " this provision. B. NON -OWNED WATERCRAFT a Under Paragraph 2. Exclusions of Section I -Coverage A - Bodily Injury And Property Damage Liability, $ Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 52 feet long; and (b) Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY -ELEVATORS 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liabil- ity, Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV - Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph It. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2. Exclusions of Section I - Coverage A . Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the follow- ing: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage' (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to: (i) Premises rented to you for a period of 7 or fewer consecutive days; or (11) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property dd",ge" to contents of premises rented to you for a period of 7 or fewer consecutive ddaay_s -eN e t 1 A separate limit of insurance applies to this coverage as es cribe I Section imits of II Insurance. � ueva © 2013 Liberty Mutual Insuren e ��`..aGGr�l�+dmt� CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., wit F it itisssiion. Page 2 of 8 Policy#: 3I<057465702 b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III - Limits Of Insurance, 2. Paragraph 6. under Section III - Limits Of Insurance Is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage Afor damages because of "property damage" to: a. Any one premise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection sys- tems; or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) - Paragraph 9.a. of Definitions is replaced with the following: 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an 'Insured contract'. E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I - Coverage C - Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following: (b) The expenses are Incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B 1. Under Supplementary Payments - Coverages A and B, Paragraph 1.b. Is replaced by the following: b. Up to $3,000 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 replaced by 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 $500 a day because of time off from work, % G. ADDITIONAL INSUREDS • BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under Section II - Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on yoyyr� ehalf, in the performance of your on going operations for the additional insured that are t__h`��'j§?� of the written contract or written agreement provided that the "bodily injury" or�ll»,,'slli�tiy damage" occurs or the "per- sonal and advertising injury" is committed, subsequent to the ip� roof su en contract or written agreement; or it 0 2013 Liberty Mutual In ranee �J �+ CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, In4itifpermission. Page 3 of 8 Policyl#; BK057465702 b. Premises or facilities rented by you or used by you; or c. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1) This insurance does not apply to "bodily injury", "property damage", or "personal and ad- vertising injury" arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard". (3) Insurance applies to premises you own, rent, or control but only with respect to the following hazards: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar expo - sores; or (b) The construction, erection, or removal of elevators; or 5 (c) The ownership, maintenance, or use of any elevators covered by this insurance. e However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insur- ance afforded to such additional insured will not be broader than that which you are required by n the contract or agreement to provide for such additional insured. With respect to Paragraph 1,a, above, a person's or organization's status as an additional insured under this endorsement ends when: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to Its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to Paragraph 1.b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 1.c, above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. a The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV - Commercial General Liability Condi- tions. C�6V. NNed b`J'. Suevas P © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 8 Policy#: BK057465702 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I - Coverage A - Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury" or "property damage" arising from the sole negligence of the additional insured. b. "Bodily Injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. c. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or falling to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing In the supervision, hiring, employment, training or monitoring of others by that insured, if the "occur- rence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. d. "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the some project. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is- sued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declaratio ns. N. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form a or endorsement under this policy. Condition 4. Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its oellq'excess, and you have agreed in a written contract or written agreement to provide the ad�f�g1[�Insured coverage an a primary and noncontributory basis, this policy shall be primary and PPill not seek conthb from the additional Insured's policy for damages we cover. �\aGueJa•�r. d 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 5 of 8 Policy#: BKO57465702 b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the addi- tional Insured Is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this Insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the c additional insured has been added as an additional insured on other policies. I. ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result In a claim or "suit" under „ this insurance to us; �— b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other Insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section III - Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS/ MALPRACTICE WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section it -Who Is An Insured is replaced with the following: (1) "Bodily Injury" or "personal and advertising Injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co -"employee" while in the course of his or her employ- ment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co -"employee" or "volunteer worker" as a consequence of Paragraph (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 health care services. However, if you are not in the business of providing professional health care services or providing profes- sional health care personnel to others, or if coverage for providing professional health care ser- vices Is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not apply. ����p b�J Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal ��r°we is'n �ury" caused by an "employee" who is acting in a supervisory capacity for you. Supervi capacftq �`S ed h means the "employee's" job responsibilities assigned by you, includes the direct r isic, her "em 'I, ass" of yours, However, none of these "employees" are insureds for "b �v 27N "personal and \�vey^ �Pd�\C\ © 2013 Liberty Mutual Insurance {� G CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc.,with its ppermission. Page 6 of 8 Policy#: BKO57465702 advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause 'bodily injury" or "personal and advertising Injury", or caused in whole or in part by their intoxica- tion by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee". K. NEWLY FORMED ORADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Section II - Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization, However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to 'bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to 'personal and advertising injury' arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that Is not shown as a Named Insured in the Declarations or qualifies as an Insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV - Commercial General Liability Conditions, the following is added to Condition 6. Repre- sentations: Your failure to disclose all hazards or prior 'occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior 'occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV - Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an 'occurrence", offense, claim or "suit" by an agent, servant or 'employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section II - Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee". N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is e effective in your state. O. BODILY INJURY REDEFINED Under Section V -Definitions, Definition 3. is replaced by the following: 3. 'Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from s�clojhysical injury, sick- ness or disease. �J`evjJe © 2013111berty Mutual Insurance CO 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 7 of 8 Policy#: BKO57465702 P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY Is 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. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US • WHEN REQUIRED IN A CONTRACT ORAGREEMENT WITH YOU Under Section IV - Commercial General Liability Conditions, the following is added to Condition 8. Trans- fer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and Included in the 'products -completed operations hazard" provided: 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and 2. The injury or damage occurs subsequent to the execution of the written contract or written agree- ment, .011 as RIPd��r © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted materiel of Insurance Services Office, Inc., with its permission. Page 8 of 8 PolicyM AW3A377777 BUSINESS AUTO COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" re- fer to the Named Insured shown in the Declarations. The words "we", "us" and "our" refer to the Company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V — Definitions. SECTION I —COVERED AUTOS Item Two of the Declarations shows the "autos" that are covered "autos" for each of your coverages. The following numerical symbols describe the "autos" that may be covered "autos". The symbols entered next to a coverage on the Declarations designate the only "autos" that are covered "autos". A. Description Of Covered Auto Designation Symbols Symbol Description Of Covered Auto Designation Symbols 1 An "Auto" 2 Owned "Autos" Only those "autos" you own (and for Liability Coverage any "trailers" you don't own Only while attached to power units you own). This includes those "autos" you acquire ownership of after the policy begins. 3 Owned Private Only the private passenger "autos" you own. This includes those private passen- Passenger ger "autos" you acquire ownership of after the policy begins. "Autos" Only 4 Owned "Autos" Only those "autos" you own that are not of the private passenger type (and for Li - Other Than Pri- ability Coverage any "trailers" you don't own while attached to power units you vate Passenger own), This includes those "autos" not of the private passenger type you acquire "Autos" Only ownership of after the policy begins. 5 Owned "Autos" Only those "autos" you own that are required to have No -Fault benefits in the state Subject To No- where they are licensed or principally garaged. This includes those "autos" you Fault acquire ownership of after the policy begins provided they are required to have No - Fault benefits in the state where they are licensed or principally garaged, 6 Owned "Autos" Only those "autos" you own that because of the law in the state where they are Subject To A licensed or principally garaged are required to have and cannot reject Uninsured Compulsory Un- Motorists Coverage. This includes those "autos" you acquire ownership of after the insured Motor- policy begins provided they are subject to the same state uninsured motorists re- ists Law quirement, 7 Specifically De- Only those "autos" described in Item Three of the Declarations for which a pre- scribed "Autos" mium charge is shown (and for Liability Coverage any "trailers" you don't own while attached to any power unit described in Item Three). a Hired "Autos" Only those "autos" you lease, hire, rent or borrow. This does not include any "auto" Only you lease, hire, rent, or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households. 9 Nonowned Only those "autos" you do not own, lease, hire, rent or borrow that are used in con - "Autos" Only nection with your business. This includes "autos" owned by your "employees", partners (if you are a partnership), members (if you are a limited liability company), or members of their households but only while used in your business or your per- sonal affairs. CA 00 01 03 06 © ISO Properties, Inc., 20b55 Page 1 of 12 Policy#: AW3A377777 19 Mobile Equip- ment Subject To Compulsory Or Financial Re- sponsibility Or Other Motor Ve- hicle Insurance Only those "autos" that are land vehicles and that would qualify under the definition of "mobile equipment" under this policy if they were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where they are licensed or principally garaged, B. Owned Autos You Acquire After The Policy Begins 1. If Symbols 1, 2, 3, 4, 6, 6 or 19 are entered next to a coverage in Item Two of the Declara- tions, then you have coverage for "autos" that you acquire of the type described for the re- mainder of the policy period. 2. But, if Symbol 7 is entered next to a coverage in Item Two of the Declarations, an "auto" you acquire will be a covered "auto" for that cover- age only if: a. We already cover all "autos" that you own for that coverage or it replaces an "auto" you previously owned that had that cover- age; and b. You tell us within 30 days after you acquire it that you want us to cover it for that cover- age. C. Certain Trailers, Mobile Equipment And Temporary Substitute Autos If Liability Coverage is provided by this Coverage Form, the following types of vehicles are also cov- ered "autos" for Liability Coverage: 1. "Trailers" with a load capacity of 2,000 pounds or less designed primarily for travel on public roads. 2. "Mobile equipment" while being carried or towed by a covered "auto", 3. Any "auto" you do not own while used with the permission of its owner as a temporary substi- tute for a covered "auto" you own that is out of service because of its: a. Breakdown; b. Repair; c. Servicing; d. "Loss": or e. Destruction. CA 00 01 03 06 SECTION II — LIABILITY COVERAGE A. Coverage We will pay all sums an "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, caused by an "accident" and resulting from the ownership, maintenance or use of a covered "auto". We will also pay all sums an "insured" legally must pay as a "covered pollution cost or expense" to which this insurance applies, caused by an "acci- dent" and resulting from the ownership, mainte- nance or use of covered "autos". However, we will only pay for the "covered pollution cost or ex- pense" if there is either "bodily injury" or "property damage" to which this insurance applies that is caused by the same "accident". We have the right and duty to defend any "in- sured" against a "suit" asking for such damages or a "covered pollution cost or expense". However, we have no duty to defend any "insured" against a "suit" seeking damages for "bodily injury" or "prop- erty damage" or a "covered pollution cost or ex- pense" to which this insurance does not apply. We may investigate and settle any claim or "suit" as we consider appropriate. Our duty to defend or settle ends when the Liability Coverage Limit of Insurance has been exhausted by payment of judgments or settlements. 1. Who Is An Insured The following are "insureds": a. You for any covered "auto", b. Anyone else while using with your permis- sion a covered "auto" you own, hire or bor- row except: (1) The owner or anyone else from whom you hire or borrow a covered "auto". This exception does not apply if the covered "auto" is a "trailer" connected to a covered "auto" you own. �i\_ee, � Page 2 of 12 0 ISO Properties, Inc., 2005 Policy#: AW3A377777 (2) Your "employee" if the covered "auto" is owned by that "employee" or a member of his or her household. (3) Someone using a covered "auto" while he or she is working in a business of selling, servicing, repairing, parking or storing "autos" unless that business is yours. (4) Anyone other than your "employees", partners (if you are a partnership), members (if you are a limited liability company), or a lessee or borrower or any of their "employees", while moving property to or from a covered "auto". (5) A partner (if you are a partnership), or a member (if you are a limited liability company) for a covered "auto" owned by him or her or a member of his or her household. c. Anyone liable for the conduct of an "in- sured" described above but only to the ex- tent of that liability. 2. Coverage Extensions a. Supplementary Payments We will pay for the "insured": (1) All expenses we incur. (2) Up to $2,000 for cost of bail bonds (in- cluding bonds for related traffic law vio- lations) required because of an "acci- dent" we cover. We do not have to fur- nish these bonds. (3) The cost of bonds to release attach- ments in any "suit" against the "insured" we defend, but only for bond amounts within our Limit of Insurance. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $250 a day be- cause of time off from work. (5) All costs taxed against the "insured" in any "suit" against the "insured" we de- fend. (6) All interest on the full amount of any judgment that accrues after entry of the judgment in any "suit" against the "in- sured" we defend, but our duty to pay in- terest ends when we have paid, offered to pay or deposited in court the part of the judgment that is within our Limit of Insurance. These payments will not reduce the Limit of Insurance. b. Out -Of -State Coverage Extensions While a covered "auto" is away from the state where it is licensed we will: (1) Increase the Limit of Insurance for Li- ability Coverage to meet the limits speci- fied by a compulsory or financial re- sponsibility law of the jurisdiction where the covered "auto" is being used. This extension does not apply to the limit or limits specified by any law governing motor carriers of passengers or prop- erty. (2) Provide the minimum amounts and types of other coverages, such as no- fault, required of out-of-state vehicles by the jurisdiction where the covered "auto" is being used. We will not pay anyone more than once for the same elements of loss because of these extensions. B. Exclusions CA 00 01 03 06 0 ISO Properties, This insurance does not apply to any of the follow- ing: 1. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the "in- sured". 2. Contractual Liability assumed under any contract or agree- ment. But this exclusion does not apply to liability for damages: a. Assumed in a contract or agreement that is an "insured contract" provided the "bodily injury" or "property damage" occurs subse- quent to the execution of the contract or agreement; or b. That the "insured" would have in the ab- sence of the contract or agreement. 3. Workers' Compensation Any obligation for which the "insured" or the "insured's" insurer may be held liable under any workers' compensation, disability benefits or unemployment compensation law or any similar law. 4. Employee Indemnification And Employer's Liability "Bodily injury" to: a. An "employee" of the "insured" arising out of and in the course of: (1) Ern l&t�,t by the "insured"; or v�e,44 Page 3 of 12 Policy#: AW3A377777 (2) Performing the duties related to the con- duct of the "insured's" business; or b. The spouse, child, parent, brother or sister of that "employee" as a consequence of Paragraph a. above. This exclusion applies; (1) Whether the "insured" may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. But this exclusion does not apply to "bodily in- jury" to domestic "employees" not entitled to workers' compensation benefits or to liability assumed by the "insured" under an "insured contract". For the purposes of the Coverage Form, a domestic "employee" is a person en- gaged in household or domestic work per- formed principally in connection with a resi- dence premises. 6, Fellow Employee "Bodily injury" to any fellow "employee" of the "insured" arising out of and in the course of the fellow "employee's" employment or while per- forming duties related to the conduct of your business. 6. Care, Custody Or Control "Property damage" to or "covered pollution cost or expense" involving property owned or trans- ported by the "insured or in the "insured's" care, custody or control. But this exclusion does not apply to liability assumed under a sidetrack agreement. 7. Handling Of Property "Bodily injury" or "property damage" resulting from the handling of property: a. Before it is moved from the place where it is accepted by the "insured" for movement into or onto the covered "auto'; or b. After it is moved from the covered "auto" to the place where it is finally delivered by the "insured". 9. Operations "Bodily injury" or "property damage" arising out of the operation of: a. Any equipment listed in Paragraphs 6.b. and 6.c. of the definition of "mobile equip- ment"; or b. Machinery or equipment that is on, attached to, or part of, a land vehicle that would qual- ify under the definition of "mobile equip- ment" if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. 10. Completed Operations "Bodily injury" or "property damage" arising out of your work after that work has been com- pleted or abandoned. In this exclusion, your work means: a. Work or operations performed by you or on your behalf; and b. Materials, parts or equipment furnished in connection with such work or operations. Your work includes warranties or representa- tions made at any time with respect to the fit- ness, quality, durability or performance of any of the items included In Paragraph a. or b. above. Your work will be deemed completed at the earliest of the following times: (1) When all of the work called for in your contract has been completed. (2) When all of the work to be done at the site has been completed if your contract calls for work at more than one site. (3) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, cor- rection, repair or replacement, but which is oth- erwise complete, will be treated as completed. 8. Movement Of Property By Mechanical 11. Pollution Device "Bodily injury" or "property damage" arising out "Bodily injury" or "property demo e" resulting of the actual, alleged or threatened discharge, y try g g dispersal, seepage, migration, release or es - from the movement of property by a mechani- cape of "pollutants": cal device (other than a hand truck) unless the device is attached to the covered "auto". a. That are, or that are contained in any prop- erty that is: (1) Being tra sported or towed by, handled, or �pkY for movement into, onto or \, fhe covered "auto"; �`e� Page 4 of 12 \ovaGi�� 0 CA 00 01 03 06 0 ISO Properties, Inc., 2009?^C's� Policy4: AW3A377777 (2) Otherwise in the course of transit by or on behalf of the "insured", or (3) Being stored, disposed of, treated or processed in or upon the covered "auto"; b. Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are ac- cepted by the "insured" for movement into or onto the covered "auto"; or c. After the "pollutants" or any property in which the "pollutants" are contained are moved from the covered "auto" to the place where they are finally delivered, disposed of or abandoned by the "insured". Paragraph a, above does not apply to fuels, lu- bricants, fluids, exhaust gases or other similar "pollutants" that are needed for or result from the normal electrical, hydraulic or mechanical functioning of the covered "auto" or its parts, if; (1) The "pollutants" escape, seep, migrate, or are discharged, dispersed or re- leased directly from an "auto" part de- signed by its manufacturer to hold, store, receive or dispose of such "pol- lutants"; and (2) The "bodily injury", "property damage" or "covered pollution cost or expense" does not arise out of the operation of any equipment listed in Paragraphs 6.b. and 6.c. of the definition of "mobile equipment".-- - - Paragraphs b. and c. above of this exclusion do not apply to "accidents" that occur away from premises owned by or rented to an "in- sured" with respect to "pollutants" not in or upon a covered "auto" if: (1) The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto", and (2) The discharge, dispersal, seepage, mi- gration, release or escape of the "pollut- ants" is caused directly by such upset, overturn or damage. 12. War "Bodily injury" or "property damage" arising di- rectly or indirectly out of: a. War, including undeclared or civil war; b. Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any govern- ment, sovereign or other authority using military personnel or other agents or c. Insurrection, rebellion, revolution, usurped power, or action taken by governmental au- thority in hindering or defending against any of these. 13. Racing Covered "autos" while used in any professional or organized racing or demolition contest or stunting activity, or while practicing for such contest or activity. This insurance also does not apply while that covered "auto" is being prepared for such a contest or activity. C. Limit Of Insurance Regardless of the number of covered "autos", "in- sureds", premiums paid, claims made or vehicles involved in the "accident", the most we will pay for the total of all damages and "covered pollution cost or expense" combined, resulting from any one "accident" is the Limit of Insurance for Liability Coverage shown in the Declarations. All "bodily injury", "property damage" and "covered pollution cost or expense" resulting from continu- ous or repeated exposure to substantially the same conditions will be considered as resulting from one "accident". No one will be entitled to receive duplicate pay- ments for the same elements of "loss" under this Coverage Form and any Medical Payments Cov- erage Endorsement, Uninsured Motorists Cover- age Endorsement or Underinsured Motorists Cov- erage Endorsement attached to this Coverage Part. SECTION III — PHYSICAL DAMAGE COVERAGE A. Coverage 1. We will pay for "loss" to a covered "auto" or its equipment under: a. Comprehensive Coverage From any cause except: (1) The covered "auto's" collision with an- other object; or (2) The covered "auto's" overturn. b. Specified Causes Of Loss Coverage Caused by: (1) Fire, lightning or explosion; (2) Theft; (3) Windstorm, hail or earthquake; (4) Flood; (6) Mischief or vandalism; or (6) The sinking, burning, collision or derail- ment of any conveyance transporting the covered !'auto". �db Page 6 of 12 � d5 CA 00 01 03 06 0 ISO Properties, I ., 05 S11N4 N 01`0 Policy4: AW3A377777 c. Collision coverage Caused by: (1) The covered "auto's" collision with an- other object; or (2) The covered "auto's" overturn. 2. Towing We will pay up to the limit shown in the Decla- rations for towing and labor costs incurred each time a covered "auto" of the private pas- senger type is disabled. However, the labor must be performed at the place of disablement. 3. Glass Breakage — Hitting A Bird Or Animal — Falling Objects Or Missiles If you carry Comprehensive Coverage for the damaged covered "auto", we will pay for the following under Comprehensive Coverage: a. Glass breakage; b. "Loss" caused by hitting a bird or animal; and c. "Loss" caused by falling objects or missiles. However, you have the option of having glass breakage caused by a covered "auto's" colli- sion or overturn considered a "loss" under Col- lision Coverage, 4. Coverage Extensions a. Transportation Expenses We will pay up to $20 per day to a maxi- mum of $600 for temporary transportation expense incurred by you because of the to- tal theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss 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 expi- ration, when the covered "auto" is returned to use or we pay for its "loss". b. Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" be- comes legally responsible to pay for loss of use of a vehicle rented or hired without a driver, under a written rental contract or agreement. We will pay for loss of use ex- penses if caused by: (1) Other than collision only if the Declara- tions indicate that Comprehensive Cov- erage is provided for any covered "auto"; (2) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto"; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto", However, the most we will pay for any ex- penses for loss of use is $20 per day, to a maximum of $600. B. Exclusions 1, We will not pay for "loss" caused by or result- ing from any of the following. Such "loss" is ex- cluded regardless of any other cause or event that contributes concurrently or in any se- quence to the "loss". a. Nuclear Hazard (1) The explosion of any weapon employing atomic fission or fusion; or (2) Nuclear reaction or radiation, or radioac- tive contamination, however caused. b. War Or Military Action (1) War, including undeclared or civil war; (2) Warlike action by a military force, includ- ing action in hindering or defending against an actual or expected attack, by any government, sovereign or other au- thority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power or action taken by gov- ernmental authority in hindering or de- fending against any of these. 2. We will not pay for "loss" to any covered "auto" while used in any professional or organized racing or demolition contest or stunting activity, or while practicing for such contest or activity. We will also not pay for "loss" to any covered "auto" while that covered "auto" is being pre- pared for such a contest or activity. 3. We will not pay for "loss" caused by or result- ing from any of the following unless caused by other "loss" that is covered by this insurance: a, Wear and tear, freezing, mechanical or electrical breakdown. b. Blowouts, punctures or other road damage to tires. 4. We will not pay for "loss" to any of the follow- ing: a. Tapes, records, discs or other similar audio, visual or data electronic devices designed for use with audi�q, visual or data electronic equipme\nttteA `Q'I ' E Page 6 of 12 eves u CA 00 01 03 06 © ISO Properties, Inc., 2 p Policy4: AW3A377777 b. Any device designed or used to detect speed measuring equipment such as radar or laser detectors and any jamming appara- tus intended to elude or disrupt speed measurement equipment. G. Any electronic equipment, without regard to whether this equipment is permanently in- stalled, that receives or transmits audio, visual or data signals and that is not de- signed solely for the reproduction of sound. d. Any accessories used with the electronic equipment described in Paragraph c. above. Exclusions 4,c. and 4.d. do not apply to: a. Equipment designed solely for the repro- duction of sound and accessories used with such equipment, provided such equipment is permanently installed in the covered "auto" at the time of the "loss" or such equipment is removable from a housing unit which is permanently installed in the cov- ered "auto" at the time of the "loss", and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto"; or b. Any other electronic equipment that is: (1) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system; or (2) An integral part of the same unit housing any sound reproducing equipment de- scribed in Paragraph a. above and per- manently installed in the opening of the dash or console of the covered "auto" normally used by the manufacturer for installation of a radio. S. We will not pay for "loss" to a covered "auto" due to "diminution in value". C. Limit Of Insurance 1. The most we will pay for "loss" in any one "ac- cident" is the lesser of: a. The actual cash value of the damaged or stolen property as of the time of the "loss"; or b. The cost of repairing or replacing the dam- aged or stolen property with other property of like kind and quality. 2. An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss", 3. If a repair or replacement results in better than like kind or quality, we will not pay for the amount of the betterment. D. Deductible For each covered "auto", our obligation to pay for, repair, return or replace damaged or stolen prop- erty will be reduced by the applicable deductible shown in the Declarations. Any Comprehensive Coverage deductible shown in the Declarations does not apply to "loss" caused by fire or lightning. SECTION IV —BUSINESS AUTO CONDITIONS The following conditions apply in addition to the Common Policy Conditions: A. Loss Conditions 1. Appraisal For Physical Damage Loss If you and we disagree on the amount of "loss", either may demand an appraisal of the "loss". In this event, each party will select a competent appraiser. The two appraisers will select a competent and impartial umpire. The apprais- ers will state separately the actual cash value and amount of "loss". If they fail to agree, they will submit their differences to the umpire, A decision agreed to by any two will be binding. Each party will; CA 00 01 03 06 © ISO Properties, a. Pay its chosen appraiser; and b. Bear the other expenses of the appraisal and umpire equally. If we submit to an appraisal, we will still retain our right to deny the claim. 2. Duties In The Event Of Accident, Claim, Suit Or Loss We have no duty to provide coverage under this policy unless there has been full compli- ance with the following duties: a. In the event of "accident", claim, "suit" or "loss", you must give us or our authorized representative prompt notice of the "acci- dent" or "loss". Include: (1) How, when and where the "accident" or "loss" occurred; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. b. Additionally, you and any other involved "Insured" must: (1) Assume no obligation, make no pay- ment or incur no expense without our consent,\"Cept at the "insured's" own c%e GueJ� 0 Page 7 of 12 Inc., 2005 Policy#: AW3A377777 (2) Immediately send us copies of any re- quest, demand, order, notice, summons or legal paper received concerning the claim or "suit". (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit". (4) Authorize us to obtain medical records or other pertinent information. (6) Submit to examination, at our expense, by physicians of our choice, as often as we reasonably require. c. If there is "loss" to a covered "auto" or its equipment you must also do the following: (1) Promptly notify the police if the covered "auto" or any of its equipment is stolen. (2) Take all reasonable steps to protect the covered "auto" from further damage. Also keep a record of your expenses for consideration in the settlement of the claim. (3) Permit us to inspect the covered "auto" and records proving the "loss" before its repair or disposition. (4) Agree to examinations under oath at our request and give us a signed statement of your answers. 3. Legal Action Against Us No one may bring a legal action against us un- der this Coverage Form until: a. There has been full compliance with all the terms of this Coverage Form; and b. Under Liability Coverage, we agree in writ- ing that the "insured" has an obligation to pay or until the amount of that obligation has finally been determined by judgment af- ter trial. No one has the right under this pol- icy to bring us into an action to determine the "insureds" liability. 4. Loss Payment -- Physical Damage Coverages At our option we may: a. Pay for, repair or replace damaged or sto- len property; b. Return the stolen property, at our expense. We will pay for any damage that results to the "auto" from the theft; or c. Take all or any part of the damaged or sto- len property at an agreed or appraised value. If we pay for the "loss", our payment will in- clude the applicable sales tax for the damaged or stolen property. 5. Transfer Of Rights Of Recovery Against Others To Us If any person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another, those rights are transferred to us. That person or or- ganization must do everything necessary to secure our rights and must do nothing after "accident" or "loss" to impair them. B. General Conditions 1. Bankruptcy Bankruptcy or insolvency of the "insured" or the "insured's" estate will not relieve us of any obligations under this Coverage Form. 2. Concealment, Misrepresentation Or Fraud This Coverage Form is void in any case of fraud by you at any time as it relates to this Coverage Form. It is also void if you or any other "insured", at any time, intentionally con- ceal or misrepresent a material fact concern- ing: a. This Coverage Form; b. The covered "auto"; c. Your interest in the covered "auto"; or d. A claim under this Coverage Form. 3. Liberalization If we revise this Coverage Form to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revi- sion is effective in your state. 4. No Benefit To Bailee — Physical Damage Coverages We will not recognize any assignment or grant any coverage for the benefit of any person or organization holding, storing or transporting property for a fee regardless of any other pro- vision of this Coverage Form. P6 VI ` U� J� ` Page 8 of 12 .\`v0GI�m1C CA 00 0103 06 © ISO Properties, Inc., 2005 Policy#: AW3A377777 6. Other Insurance 7. Policy Period, Coverage Territory a. For any covered "auto" you own, this Cov- Under this Coverage Form, we cover "acci- erage Form provides primary insurance, dents" and "losses" occurring: For any covered "auto" you don't own, the a. During the policy period shown in the Dec - insurance provided by this Coverage Form larations; and is excess over any other collectible insur- ance. However, while a covered "auto" It. Within the coverage territory. which is a "trailer" is connected to another The coverage territory is: vehicle, the Liability Coverage this Cover- "trailer" a. The United States of America; age Form provides for the is: (1) Excess while it is connected to a motor b. The territories and possessions of the United States of America; vehicle you do not own. (2) Primary while it is connected to a cov- c. Puerto Rico; ered "auto" you own. d. Canada; and b. For Hired Auto Physical Damage Coverage, x. Anywhere in the world if: any covered "auto" you lease, hire, rent or (1) A covered "auto" of the private passen- borrow is deemed to be a covered "auto" ger type is leased, hired, rented or bor- you own. However, any "auto" that is rowed without a driver for a period of 30 leased, hired, rented or borrowed with a days or less; and driver is not a covered "auto". (2) The "insured's" responsibility to pay c. Regardless of the provisions of Paragraph damages is determined in a "suit" on the a. above, this Coverage Form's Liability merits, in the United States of America, Coverage is primary for any liability as- the territories and possessions of the sumed under an "insured contract". United States of America, Puerto Rico, d. When this Coverage Form and any other or Canada or in a settlement we agree Coverage Form or policy covers on the to. same basis, either excess or primary, we We also cover "loss" to, or "accidents" involy- will pay only our share. Our share is the ing, a covered "auto" while being transported proportion that the Limit of Insurance of our between any of these places. Coverage Form bears to the total of the lim- its of all the Coverage Forms and policies covering on the same basis. Issued By Us 6. Premium Audit If this Coverage Form and any other Coverage Form or policy issued to you by us or any com- a. The estimated premium for this Coverage pany affiliated with us apply to the same "acci- Form is based on the exposures you told us dent", the aggregate maximum Limit of Insur- you would have when this policy began. We ance under all the Coverage Forms or policies will compute the final premium due when shall not exceed the highest applicable Limit of we determine your actual exposures. The Insurance under any one Coverage Form or estimated total premium will be credited policy. This condition does not apply to any against the final premium due and the first Coverage Form or policy issued by us or an af- Named Insured will be billed for the bal- filiated company specifically to apply as excess ance, if any. The due date for the final pre- insurance over this Coverage Form. mium or retrospective premium is the date SECTION V—DEFINITIONS shown as the due date on the bill. If the es- timated total premium exceeds the final A, "Accident" includes continuous or repeated expo - premium due, the first Named Insured will sure to the same conditions resulting in "bodily in - get a refund. jury" or "property damage". It. If this policy is issued for more than one B. "Auto" means: year, the premium for this Coverage Form 1. A land motor vehicle, "trailer" or semitrailer de - will be computed annually based on our signed for travel on public roads; or rates or premiums In effect at the beginning of each year of the policy. �eday. � ,pge 9 of 12 CA 00 01 03 06 © ISO Properties, Inc., 2005 Policy#: AW3A377777 2. Any other land vehicle that is subject to a com- pulsory or financial responsibility law or other motor vehicle insurance law where it is lk censed or principally garaged. However, "auto" does not include "mobile equip- ment". C. "Bodily injury" means bodily injury, sickness or disease sustained by a person including death re- sulting from any of these. D. "Covered pollution cost or expense" means any cost or expense arising out of: 1. Any request, demand, order or statutory or regulatory requirement that any "insured" or others test for, monitor, clean up, remove, con- tain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollut- ants"; or 2. Any claim or "suit" by or on behalf of a gov- ernmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to or assessing the effects of "pollutants". "Covered pollution cost or expense" does not in- clude any cost or expense arising out of the ac- tual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollut- ants": a. That are, or that are contained in any prop- erty that is: (1) Being transported or towed by, handled, or handled for movement into, onto or from the covered "auto"; (2) Otherwise in the course of transit by or on behalf of the "insured"; (3) Being stored, disposed of, treated or processed in or upon the covered "auto' b. Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are ac- cepted by the "insured" for movement into or onto the covered "auto"; or c. After the "pollutants" or any property in which the "pollutants" are contained are moved from the covered "auto" to the place where they are finally delivered, disposed of or abandoned by the "insured". Paragraph a. above does not apply to fuels, lu- bricants, fluids, exhaust gases or other similar "pollutants" that are needed for or result from the normal electrical, hydraulic or mechanical functioning of the covered "auto" or its parts, if: (1) The "pollutants" escape, seep, migrate, or are discharged, dispersed or re- leased directly from an "auto" part de- signed by its manufacturer to hold, store, receive or dispose of such "pol- lutants"; and (2) The "bodily injury", "property damage" or "covered pollution cost or expense" does not arise out of the operation of any equipment listed in Paragraph 6.b. or 6.c. of the definition of "mobile equip- ment". Paragraphs b. and c. above do not apply to "accidents" that occur away from premises owned by or rented to an "insured" with respect to "pollutants" not in or upon a covered "auto" if: (1) The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto"; and (2) The discharge, dispersal, seepage, mi- gration, release or escape of the "pollut- ants" is caused directly by such upset, overturn or damage. E. "Diminution in value" means the actual or per- ceived loss in market value or resale value which results from a direct and accidental "loss". F. "Employee" includes a "leased worker". "Em- ployee" does not include a "temporary worker". G. "Insured" means any person or organization quali- fying as an insured in the Who Is An Insured pro- vision of the applicable coverage. Except with re- spect to the Limit of Insurance, the coverage af- forded applies separately to each insured who is seeking coverage or against whom a claim or "suit" is brought. H. "Insured contract" means: 1. A lease of premises; 2. A sidetrack agreement; 3. Any easement or license agreement, except in connection with construction or demolition op- erations on or within 50 feet of a railroad; CA 00 01 03 06 0 ISO Properties, Inc., 2005 Page 10 of 12 �ey�e CA 00 0103 06 0 ISO Properties, Inc., 2005 Policy#: AW3A377777 4. An obligation, as required by ordinance, to in- demnify a municipality, except in connection with work for a municipality; S. 3 That part of any other contract or agreement pertaining to your business (including an in- demnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another to pay for "bodily injury" or "property damage" to a third party or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement; That part of any contract or agreement entered into, as part of your business, pertaining to the rental or lease, by you or any of your "employ- ees", of any "auto". However, such contract or agreement shall not be considered an "insured contract" to the extent that it obligates you or any of your "employees" to pay for "property damage" to any "auto" rented or leased by you or any of your "employees". An "insured contract" does not include that part of any contractor agreement: a. That indemnifies a railroad for "bodily in- jury" or "property damage" arising out of construction or demolition operations, within 50 feet of any railroad property and affect- ing any railroad bridge or trestle, tracks, roadbeds, tunnel, underpass or crossing; or b. That pertains to the loan, lease or rental of an "auto" to you or any of your "employ- ees", if the "auto" is loaned, leased or rented with a driver: or c. That holds a person or organization en- gaged in the business of transporting prop- erty by "auto" for hire harmless for your use of a covered "auto" over a route or territory that person or organization is authorized to serve by public authority. I. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker' J. "Loss" means direct and accidental loss or dam- age. K. "Mobile equipment" means any of the following types of land vehicles, including any attached ma- chinery or equipment: 1. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; 2. Vehicles maintained for use solely on or next to premises you own or rent; CA 00 01 03 06 3, Vehicles that travel on crawler treads; 4. Vehicles, whether self-propelled or not, main- tained primarily to provide mobility to perma- nently mounted: a. Power cranes, shovels, loaders, diggers or drills; or b. Road construction or resurfacing equipment such as graders, scrapers or rollers, 6. Vehicles not described in Paragraph 1., 2., 3., or 4, above that are not self-propelled and are maintained primarily to provide mobility to per- manently attached equipment of the following types: a. Air compressors, pumps and generators, including spraying, welding, building clean- ing, geophysical exploration, lighting and well servicing equipment; or b. Cherry pickers and similar devices used to raise or lower workers. 6. Vehicles not described in Paragraph 1., 2., 3. or 4. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": a. Equipment designed primarily for: (1) Snow removal; (2) Road maintenance, but not construction or resurfacing; or (3) Street cleaning; b. Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and c. Air compressors, pumps and generators, including spraying, welding, building clean- ing, geophysical exploration, lighting or well servicing equipment. However, "mobile equipment" does not include land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered "autos". L. "Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. M. "Property damage" means damage to or loss of use of tangible property. ea el . e e Page 11 of 12 Ciue�a5'(� 0ISO Properties, Inc., 2005 Q�GS Policy#: AW3A377777 N. "Suit" means a civil proceeding in which: 1. Damages because of "bodily injury" or "prop- erty damage" or 2. A "covered pollution cost or expense", to which this insurance applies, are alleged. "Suit" includes: a. An arbitration proceeding in which such damages or "covered pollution costs or ex- penses" are claimed and to which the "in- sured" must submit or does submit with our consent; or b, Any other alternative dispute resolution pro- ceeding in which such damages or "cov- ered pollution costs or expenses" are claimed and to which the insured submits with our consent. O. "Temporary worker" means a person who is fur- nished to you to substitute for a permanent "em- ployee" on leave or to meet seasonal or short-term workload conditions. P. "Trailer" Includes semitrailer. GueJayr \ ¢ C'm Page 12 of 12 CA 00 0103 06 0 ISO Properties, Inc., 2005 AIIA DOCUMENT A312TM. 2010 Bond No. RCB0002882 Premium, $759.00 PAYMENT BOND Any singular reference to Contractor, Surely, Owner or other pirtyshail be considered' plural where applicable. CONTRACTOR (Alan-ke, legal status and address): Professional Sports Field Maintenance, Inc. 23 Emerald Glen Lagna Niguel, CA 92677 (Name, legal status and address), City of Santa Ana 20 Civic Center Plaza (M-30) P-0, Box 1988 Santa Ana, CA 92702.1988 CONSTRUCTION CONTRACT Date: January 17, 2017 SURETY (Name, Legal status and principal place of business): Contractors Bonding and Insurance Company 111 Pacifica, Suite 350 Irvine, CA 92618 Amount: $37,939,00 Description (Name and locatron): Agreement for Ball Diamond Maintenance Services City of Santa Aria (I 'S&* BOND 12� Date (Not earlier than Construction Conit'act Date): January 19, 2017 Amount'. $18,969.50 Modifications to this Bond-, Li None CON-;. ACTOR AS PRINCIPAL Company: (Corporate Seat) Professional Sports Field Maintenance, Inc. Signature: Name and Title'. Don Bordelon Ll See Section 18 SURETY Com,pany� (Corporate Sea Contractors Bonding and Insurance Company Signature, Attorney -in -Fact Name-, Linda D. Coats, Attorney in Fact (Any additional signatures appear on the last page of this Payment Bond) (FOR INFORMATION ONLY— Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect Engineer or other party): Coats Surety Insurance Services, Inc. 23046 Avenida de la Carlota, Suite 600 Laguna Hills, CA 92653 The languagre in this document conforms to the language used in AIA Document A312mv- 2010. Form 15-02-0574 FED (rev. 7.10) I The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. 2 If the Contractor promptly makes payment of aR sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands; liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. 3 if there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, 4 When the ()wner has Satisfied the conditions, in Section 3, the Surety shall promptly and at the Surety's expense defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit, 6 The Surety's obligations to a Claimant under this Bond shall arise after the following: 5.1 Claimants, who do not have a direct contract with the Contractor, T� .1 have furnished a written notice of non-payment to the Contractor, stating wit w p nXV i, r cy the amount claimed and the name of the party to whom the materials were, or equipment plied or for whom the labor was done or performed, within ninety (90) days after having last ormeta orme"lp , pe -or last furnished materials oiequipment included in the Claim', and .2 have sent a Claim to the Surety (at the address described in Section 13), 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13). 6 If a notice of non-payment required by Section 5, 1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furrdsh a written notice of non-payment under Section 5.1.1. 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: 7-1 1% Send an answer to the Clamant, with a copy to the Owner, within sixty (60) days after rece0 e Claim, 5 tati the amounts that are undisputed and the basis for challenging any amounts that are dispute�,�, 7.2 Pay or arrange for payment of any undisputed amounts. P 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.1 sha ll all note wed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to'undisputed amounts for which the Surety and Claimant have reached agreement, If, however, the Surety fails to discharge its obligations under Section 71 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing the Claimant. The language in this document conforms to the language used in AIA Document A312— 2010. Form 15-02-0574 FED (rev. 7-1 A) 8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 9: Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work, 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations, 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 51.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by Jaw, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received, 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrnm and provisions conforming to such statutory or other legal nzquiremont -shall he dep.med incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond, is Upon request by any person or entity appearing to be a potential beneficiary of this Bon(6V* Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made, 40 The language in this document conforms to the language used in AIA Document A312 7W. 2011). Form 15-02-0574 FED (rev. 7-10) 16 DEFINITIONS 16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done, or materials or equipment furnished- .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor, materials or equipment furnished; - .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim .7 the total amount of previous payments received by the Claimant, and, .8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. 1113-2 Claimant: An individiial nr entity having a rfirpnt rnntrant with the Contractni- nr with a sijhcnntrqctnr of the Contractor to furnish labor, materials, or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicabie, mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas power, light, heat, oil gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 16.3 Construction Contract; The belWeL-11 [Ile Ownei acid the CurrLlauLur identified of, [lie Quvef page, including all Contract Documents and all changes made to the agreement and the Contract Documents. 16.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. V The Janquage in this document conforms to the Janouaoe used in AIA Document A312 7- 2010. Form 15-02-0574 FEE (rev. 7-10) (Space is provided below for additional signatures of added parties, other than those appearing on the cover page) CONTRACTORS AS PRINCIPAL SURETY Company: (Corporate Sea]) Company: (Corporate Seal) Signature: Namc and TitIc: Address: Signature: Namc and TitIc: Address: The language in this document conforms to the Janguage used in AIA Document Aft 2-- 2010. Form 16-02-0574 FED (rev. 7-10) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On JAIIJIAN before me, Summer L, Reyes, Notary Public Date Here Insert Name and Title of the Officer personally appeared Linda D. Coats Name(s) of Signer(s) who proved to me an the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by Ns/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument, I SUMMER L. REYES Notary Public - California z Orange CoLrfjty Commission # 2158864 MY Comm. Expires Jui 29, 2020 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature_ Signature ofNo a 'OPTIONAL Though this section is optional, completing this information can deter alteration of fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: _ Number of Pages: — Signer(s) Document Date: Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: 11 Corporate Officer — Title(s): F1 Partner — D Limited El General L1 Individual L Attorney in Fact F1 Trustee F, Guardian or Conservator F.1 Other: Signer Is Representing: 'ell "'V ".0 0 document or Signer's Name: Ll Corporate Officer — Title(s): 11 Partner — El Limited ED General El Individual! L-1 Attorney in Fact F] Trustee I I Guardian or Conservator E] Other: Signer Is Representing: @2014 National Notary Association - www.NationaiNotary.org 1-800-US NOTARY (1-800-876-6827) ltem#5907 RIIIEII"' nn RL! Company 9025 N. Lindbergh Dr. Peoria, IL 61615 Phone: (800)645-2402 Fax: (309)689-2036 Know All Men by These Presents: POWER OF ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That this Power of Attorney may be effective and given to either or both of RLI Insurance Company and Contractors Bonding and Insurance Company, required for the applicable bond. That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each Illinois corporations (as applicable), each authorized and licensed to do business in all states and the District of Columbia do hereby snake, constitute and appoint: Linda D. Coats Matthew J. Coats Summer Reyes, iointly or severally in the City of Laguna Hills State of California as Attorney in Fact, with full pots r and authority hereby conferred upon hitn/her to sign, execute, acknowledge and deliver for and on its behalf as Surety, in t , any and all bonds, undertakings, and recognizances in an amount not to exceed Ten Million .t0 ollars ( ' 1,,0 0t 0,Qflil.00 ) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon t�it to 'f such band had been executed and acknowledged by the regularly elected officers of this Company, RLI Insurance Company and Contractors Banding and Insurance Company, as applicab d aiCer certified that the following is a true and exact copy of the resolution adopted by the Board of Directors of each. corpq 4fid now in farce, to -wit; "All bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall be executed in the corporate name of the Corporation by the President, Secretary, any Assistant Secretary, 'treasurer, or any Vice president, or by such other officers as the board of Directors may authorize. The President, any Vice President, ,Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in. Pact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Corporation. The corporate seal is not: necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other, obligations of the Corporation. The signature of any such officer and the corporate seal may be printed by facsimile or other electronic image." IN WITNESS WHEREOF, RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Vice President with its corporate seal affixed this 21 st day of f, s_t, 2015, V^C4�" � 'k0104 .S " �xP 0p4 State of Illinois SS +,ar County of Peoria . rw,�ui r On this 21 st day of August 1 2015 before roe, a Notary Public, personally appeared Barton W. Davis who being, by me duly sworn„ acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and/or Contractors Bonding and Insurance Company, and acknowledged said instrument to be the voluntary act and deed of said corporation. M. ":OFRCiAL SEAL" 9ACQtbctlNE M. BOCKLER COMMISSION EXPPRE�S 01/14118 RLI Insurance Company Contractors Bonding and Insurance Company Barton W, Davis Vice President CERTIFICATE I, the undersigned officer of RLI Insurance Company, and/or Contractors Banding and Insurance Company, each Illinois corporations, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthennore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Company and/or Contractors Bonding and Insurance Company this `f 1" day of RLI Insurance Company Notary Public Contractors on ing and Ins rance Company " Barton W. Davis Vice President 0475404020212 A0059115 ACORL> CERTIFICATE OF LIABILITY INSURANCE DATE tMMIDDM vI O9f2eJ2017 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 Ileu of such endorsement(s). PRODUCER CONTACT Kimberely Kelley NAME Insurance Solutions HONN Ext: (949)348-7400 (949)348-2373 INC.License #0746539 E-MAIL K[mK@ins-solutions.com ADDRESS: 33302 Valle Rd, Suite 200 . A F INSUREFUER(SIAPFORBINGCOVERAGE - NAIC# _ INSURERA:: The Ohio Casualty Insurance Company 24074 San Juan Capistrano CA 92675 INSURED --,D017- INSURERa_Allmerica Financial Benefit 41840 Professional Sports Field Maintenance lnc i INSURERC; American Fire and Casualty Company 24066 23 Emerald Gin INSURER D: State Comp Ins Fund 36070 INSURER E: Laguna Niguel CA 92077 INSURER F: _ COVERAGES CERTIFICATE NLIMRF_R- 17-18 All REVISION NLIMRFR. THIS IS TO CERTIFY THATTHE 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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. LTR TYPE OF INSURANCE SD MD POUCYNUMSER MMIDDIYYEYYY MMIo�� LIMITS MERCIAL GENERAL LIABILITY CI -AIMS -MADE OCCUR T EACH OCCURRENCE s 1.000,000 PREMISES Ea gccurrencej,,,,_ S 500,000 MED EXP(Any p. Peraph) 5 15,000 I PERSONAL&ADV INJURY S 1.000,000 A BKO57465702 10/0112017 10101/2018) AGGREGATE LIM IT APPLIES PER: POLICY ❑ jECT E LOC GENERALAGGREGATE a 2.000,000 GEN'L X PRODUCTS COMPIOPAGG S 2,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident S 1,000,000 BODILY INJURY (Per perscnl 5 X ANYAUTO B OWNED SCHEDULED AUTOSONLY AVTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY AW3A377777 08/26/2017 08/26/2018 BODILY INJURY (Pera¢idenq 3 PROPERTY DAMAGE Peracdtlerc 5 Uninsured motorist 5 300,000 X UMBRELLA UAa X OCCUR 9ZF66 U"E """" EACH OCCURREVNCE S 2,000,000 C EXCESS LIAR 11 CLAIMS MADE ESA57465702 10/0U2017 10/01/2018 'AGGREGATE 5 2000,QQo BED RETENTION S - S O WORKERS COMPENSATION AND EMPLDYERS'LIASILNY ANY PROPRIETORIP.ARTNEWEXECUTIVE Y/N OFFICERIMEMBER EXCLUDED? ❑ (MzodafmYln NH) If yes, deecdbe under DESCRIPTION OF OPERATIONS below N/A 1620476-2017 02/26/2017 02/26/2018 PER OTH X STATUTE ER Eh. EACH ACCIDENT $ 1,000,000 EL, DISEASE -a EMPLOYEE a 1,000,000 E,L DISEASE - POLICY LIMIT $ i,000,000 DESCRIPTION OF OPERATIONS! LOCATIONS l VEHICLES (ADORp tef, Atldibonal Rmnarks &cM1ednlP, may ba attached if more space Is req�u r� The City of Santa Ana, it's officers, employees, agents, and representative are Included as additional insured per t�h�sc:had an rsemmee I City of Santa Ana 20 Civic Center Plaza Santa Ana CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE T14E EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rlchts reserved. ACORD 25 (2016I03) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CG88100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT PAGE NON -OWNED AIRCRAFT 2 NON -OWNED WATERCRAFT 2 PROPERTY DAMAGE LIABILITY -ELEVATORS 2 EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS -COVERAGES A AND B 3 ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 3 PRIMARY AND NON-CONTRIBUTORY- ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS • EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" 6 WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES 6 NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT 7 LIBERALIZATION CLAUSE 7 BODILY INJURY REDEFINED 7 EXTENDED PROPERTY DAMAGE 8 WAIVER OFTRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU TO US - :�#.�y 8 e��eo �e65 N O 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. 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The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III - Limits Of Insurance. 2. Paragraph 6. under Section III - Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage Afor damages because of "property damage" to: a. Any one premise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection sys- tems; or le. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) - Paragraph 9.a, of Definitions is replaced with the following: 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that Indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract". E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I - Coverage C - Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS • COVERAGES A AND B 1. Under Supplementary Payments - Coverages A and B, Paragraph 1.b. is replaced by the following: b. Up to $3,000 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 replaced by 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 $500 a day because of time off from work. a G. ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under Section II - Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization Is an additional insured but only with respect to liability for "bodily injury", "property damage" or "personal and advertising Injury" caused,lnttyhole or in part by: .r 6 a. Your acts or omissions, or the acts or omissions of those acting on your behalf NAY@-perforrp4ft ` of your on going operations for the additional insured that are the subject of `doritte , tr �f written agreement provided that the "bodily injury" or "property damage" occurs, o�r- sonal and advertising injury" is committed, subsequent to the signing of such writf ita t written agreement; or C4,0 �J \1 © 20131 Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 8 8 1p q 06ed 'uo!sslwaed sl! gllm"oul 'wWO soolmoS aouaansul to lepalew pa;gBpAdoo sapnpul £4 40 Ql 88 so eoueinsul len1nW Aliegn63OZ p a �r �Cr •suoll 11 Ieaau00 ie!OJOWwo0 • Al uopoag aapun i!ng ao w!elo 'asua;;0 'aouaaanoo0 10 luana 1 ul s n0 •Z uol!puoo to q gclulb ed ul paalnbei se poinsul leuoplppe eq; Aq „1!ns„ e to aopou uall!inn anlaoaa em Illun ;uewesiopua s!ql aapun painsul leuoll!ppe ue pualap of A;np ou eneq eM „a6ewep Aliedoid„ ao „/Unrul Allpoq„ eql of ao!ad pou6ls sl 4uawaai6e uolllim ao ;oeiluoo ue;lum eg111 Aluo sapdde luauaasiopuo slgl Aq popinoid aoueinsul eql iossal aq1 04 luowdlnbe qons peuin;aa aneq noA io palldxo seq luawaaa6e oseel io leluei luawdmbe agl ialle eoeld saijel go!gm „aouaain000„ Aue of Aidde ;ou saop aoueinsu! sly; 'anoge 'a•4 gdaibeied of sloodsai ql!M spua sopp!oel io sas!waid Bons col noA q;!m luawaaa6e ue;l!jm ao loeiluoo ua;l!im a!agl uagm spua luawasiopue s!gl aapun paansul leuolllppe ue se sn;els s,uollezlue6io io s,uosied e 'anoge q,l gdei6eied 01 loodsai ql!M loafoid awes eql to lied a se ledlouud e iol suolleiado 6ulwio}aad ul po6ebue ioloeiluoOgns ao ioloea;uoo iagloue uegl iaglo uopezlue6io io uosiod Aue Aq asn papuelul sll of lnd uoaq seq sasue a6ewep io Ainful eq1 golgm to lno „iliom inoA„ to uoluod leg; (Z) ao 'pololdwoo uaeq seq suopeiado paianoo agl;O uopeool oq; Is (s)paansul leuolllppe aq; to }legaq uo io Aq powioped aq of (saledoi io aoueuelu!ew 'aolnaas uegl aaq;o) loefoid aql uo 'i!iom qons ql!m uofloauuoa u! pags!wnl ;uawdlnba io died 'sleualew 6u!pnloui 'xaom Ilb (6) :uagm spua ;uoweslopue s!ql aapun paansul jeuoll!ppe ue se sn;els s,uopezlue6ao 10 s,uosiod e 'anoge Erl gdeifieaed 01 ;aadsai ql!M painsui leuoplppe qons col epinoid o; lueLumbe io ;Oealuoo aq1 Aq pailnbw eae noA go!gm leg; uegl iapeoiq aq ;ou Illm paansul leuolllppe qons of papi092 KAM -insul 941 '4uowaaaoe ao ;oeiluoo e Aq paa!nbei si paansul leuolllppe aq; of papinoad 05eianoo;; •Z pup. :mel Aq palllwiad luolxa oql of salldde Aluo paansul leuol;lppe gons o; papiolle eoueansul aql p •aouainsu, s!ql Aq paianoo sio;enojo As to asn ao 'ooueualulew 'dlgsaaumo aql (o) ao :91O4ene10 to lenowaa io 'uopoaaa 'uoponilsuoo eql (q) io :spins -odxe ielluals pue sua4wooep io 'siauuaq locals 's;lneA i!lemapls 'sbutuado Aeme ;slow 'saenbaew 'saloquew 'sAemanup 'saloq leoo 'saoueiluo ielleo 'soldoueo 's6ulume 'su6ls 6u!spianpe ;0 lenowaa io 'uogoaaa 'uollona;suoo 'iledai 'ooueua;u!eui 'ooualslxa aql (e) :spiezeq bu!mollol ay; of ;oadsai gllm Aluo ;nq joiluoo ao ';uai 'umo noA sas!waad of sapdde aoueansul (£) „piezeg suolleiado palaldwoo„ ey1 u!q;lm papnloul „96ewep Aliadoid„ ao „Ainfu,i Alpoq„ of Aldde lou saop eoueansul slug (Z) luo!slAlpgns leoppod ao ale;s eq; iol powioliad suolleiedo eq; to ;no 6u!sue „Aanlul 6ulsl;aan -pe pus leuosiod„ ao '„96ewep Aliodoid„ '„Aanful Allpoq„ of Aldde 1ou saop aoueinsu! slgl (1} :suolslnoid leuoplppe 6ulmopol eql 01 loofgns llwiad e panssl seq uolslnlpgns leoi;pod io alels aq; go!gm iol llegeq anoA uo ao noA Aq pawaolaad suo!;eaado •p iO :U01leZIUe61O io uosaad qons Aq noA of poseelio paluoi lueuid!nba to noA Aq asn ao uolleiado 'ooueualulew oql o s ti g k z ao 'noA Aq pasn io noA Aq poluoi sa!llpoel ao sas!weid •q 2. With respect to the Insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I - Coverage A - Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury" or "property damage" arising from the sole negligence of the additional insured. b. "Bodily Injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. c. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render. ing of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, Inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occur- rence" which caused the "bodily injury' or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. d. "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished In connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as apart of the same project. e. Any person or organization specifically designated as an additional Insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is- sued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional Insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declaratio ns. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional Insureds policy has an Other Insurance provision makin have agreed in a written contract or written agreement to provide the addi primary and noncontributory basis, this policy shall be primary and we wi the additional insured's policy for damages we cover. CG 88 10 04 13 Q 20131-iberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 8 g ;o g a6ed uaisslwjad s8 glN^`oul 'solgp seolnJeg aouemsul;o leualew pa}gBpAdoo sapnloul £6 40 06 6$ 00 aouemsul lenlnW AUegl-1 Cl0Z p �� _ „ Jo „AJnfu! Appoq„ Jol spaansui ale „SaaAodwa„ esagl ;o auou 'aanamoH •sanoA to „soa sdRa� Jaylo ;o uoislnJodne }oaJip agl sapnloul 'noA Aq pau6isso sapplglsuodsoJ qof „s,00fojdwa„ eql aJay pa__sqq se (}ioedeo A osin adng 'noA Jo; /llOedeo A Oslo edns s ul 6ugoe sl ognA „aaAoldwa„ ue sneoA�`RP"U6uisll dope pue leuosJad„ io „AJnfui Appog„ of Aldds lou op anoge (q) pue (e) sgdsJ6sJsd Aldde %0 sa (p) gdeJ6eaed) UOISIAOJd sigl ';uqu 9saopu9 alejedas Aq papnloxa asinvoglO lou s! saOin RJas glleaq leuolssa;old 6u!pinOJd Jo; 06e19n03 ;i Jo 'saaglo o} louumed also glleoq leuois -sa;old 6u!p!noad ao saoiAlas also glleaq leuoisse old 6uip!noad ;o sseu!snq eql ul IOU ale noA ;i 'aanamoH 'saolnJas also glleaq leuolsse;old apinoad of builp Jo 6uipinoJd Jaq Jo siq;o lno buisuy (p) Jo :anoge (q)Jo (e)(l) sgdeJ6eaed ul paglJosap AJnfui aql;o osneoeq sabewep Aed lsnw oym asle auoewos AedeJ Jo gl!m sabewep aaegs of uope6!lgo Aue sl aJegl golgm Joj (a) 'anoge (e) (l) ydekWed;o aouanbasuOO e se „Ja>IJom Jaalunlon„ Jo „aaAojdwa„-oo legl to Jalsis Jo Jegloaq '}ueJed 'pl!yo 'asnods aql o1 (q) ;ssau!snq anoA to lonpuoo aql of palelaJ sailnp 6ulwJolJad apgm „sja�jom Jaalunlon„ Jaglo JnoA of Jo 'ssou!snq JnoA to lonpuoo aql of palelaJ sailnp bulwmpad Jo luaw -Aoldwe Jaq Jo siq to osanoo aql ul allgm ,oaAoldwa„-oo a of '(Auedwoo Alpipeil palpil a ale noA ;!) sJagwaw JnoA of '(aJnluan lu!of Jo dlgsJaulaed e ale noA li) sJagwaw Jo sJaulJed JnoA of 'noA o1 (e) :,,AJnfq 6uis!lJanpe pue leumad„ Jo „ionful Appog„ (i.) :6ulmollo; aq glim peoeldeJ si paJnsul uy sl oqM• 11 uopoaS;o (i•)'e*Z gCIBAOUed 833),O-WW3 1NAW30bNtlW • NOISN31XB 33d0'1dIN3 M0113d - a3unSNI NV SI OHM 30110"d'1HW (SHOMU3 IV0103IN 171N30IONI - o321ml NV SI OHM 'f Ao!lod still aapun algellene aouemsul;o s4pil ay} of uoupe ui lou pue to an!snpui ale s}lwil ose41 •ssal ale Janayolym 'Aollod s!q} JO aoueJnsul ;o sllwll • ill uolloas ul paupap pue Aoilod slgl }o suopeaepa0 ayl ul palels so eomnsui to s1pil ay} Jo lueLueoibe ualylJm JO loejluoo uel}lam e ul pep ods asogl oje paJnsul leuoillppe aql of algeolldde aoueJnsul;o sipil eg1 -z -paJnsui leuoillppe aq} Aq „}ins„ e to oopou ua}luM an!aOW aM !pun luawasJopua sigl Japun paJnsul leuoillppe us A;iuuJapul Jo pualap of 4111p Ou eneg OM .p �lJed 96e1ano0 sigil Japun Janoo am ssol e Jo; seq paJnsul leuoillppe oql golgm aouemsul Jaglo Aue algellene a�ew o} aal6y ro PUB 'pamsul ieuoplppe eql of algellene aouemsul aneq Oslo woym sJaansui Ile o} „}lns„ Jo wlep Aue ;o Ailuwopul pue asualap eq; Jopual q Isn o} aOueansui siq} Japun „fins„ Jo wlelo a ui linseJ Aew }eql osuallo ue Jo „oouejjn000„ ue ;o aopou ua}luM en10 •a :algaopowd se uoos se pim luawasJopua sigl Japun pamsui leuoillppe uy :ling Jo wield 'esual10 'aaua.lJn000;0 luaA3 aq1 ul sailnp .Z uoplpuo0 of pappe s 6u1mollo; agl 'i• ,Aopod slgl Japun )uawasaopue Jo wJo} Aue Japun paansui leuoillppe us se sai;mnb oqm uopez!ue6Jo Jo uosaad Aue o} sapdde uaslnoad s!q1 A0NVMnSNl -0 S1116111, 211*10A j0 N01103IONd 030N31X3 - S0321nSNl IVNOI11O0b sopilod Jaglo uo paJnsul leuop!ppe ue se pappe uaoq seq pamsui leuoillppe ail} golgm Jo; s!seq JeglO Aue uo Jo }ua6upuoo 'ssaoxa 'AJewpd Jaglagm aouemsul Jaglo Aue JOAO ssaoxa si eoueJnsui siq} 'paJnsul leuoillppe us pue noA uaamlaq luouiaw5e ualllam agl;o sselpje6ay 'paJnsul poweN a se poleubsop sl paJnsul leuoll -ippe eq} golgm Jol aouemsul Jaglo Aue Jeno ssaoxa el aOuemsui slgl 'AJoingljluoo-uou pus AJewlad Jo AJewud aq of aouemsul sql aimbei lou swop paJnsul lewpippe ue pue noA uaamlaq uolslnlpgns leopllod Jo alels e Aq ponssi llwjod Jo 'luoweei6e Jo loeJluoo aseal Jo leluaJ luawdlnbo ue 'luawooke Jo loeJ4000 leluaJ sapploel 'oseal sespaad e uey} Jaylo 'luewaoJ6e uallijm Jo loeJluoo uallum a uogAA x 0 :aouemsul ssaoxa .q ydeJbeaed 01 pappe sl 6u1mo110; aql `q advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful Intent to cause "bodily injury" or "personal and advertising injury', or caused in whole or In part by their intoxica- tion by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable Insurance available to your "employee". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Section II -Who Is An Insured Is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority Interest, will qualify as a Named Insured if there Is no other similar insurance available to that organization, However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; le. Coverage A does not apply to "bodily injury' or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to 'personal and advertising injury' arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV - Commercial General Liability Conditions, the following is added to Condition 6. Repre- sentations: Your failure to disclose all hazards or prior "occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior 'occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV - Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an 'occurrence", offense, claim or "suit' by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1, of Section lI - Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee". N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective In your state. O. BODILY INJURY REDEFINED Under ;Section V -Definitions, Definition 3. is replaced by the following: 3. "Bodily Injury" means physical injury, sickness or disease sustained by a persory This includes mental anguish, mental injury, shock, fright or death that results from such l injury, sic ness or disease. © 2013 Liberty Mutual Insurance �S~ CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 7 of 8 9 JO g aged 'uolsstwied sll gllm"aul'eo!;lp seoiNeg eouwnsul to leuelew pajgOpAdoo sepnloul aoueansul Ien7nW Auaq!l£6oZ q 0 £ 4 'DO U 98 00 I luaw -- -aaa6e uepum ao loealuoo uolllam aql bo uollnoaxe aql of luanhasgns sin000 a6ewep uo RUnlul oql 'Z pue 'uollezlue6io ao uosaad legl ;sule6e slg6lu qons aAleM no/ legl lueweeibe ao loealuoo e ul 6uppm ul poaa6e aAeq uoilezlue6ao ao uosaad legl pue nod 'l :papinoad „paezeq suolleaado palaldwoo-slonpoad„ eql ul papnloul pue uope2lue6ao ao uosaad legl gllm loealuoo e a aapun auop „vaom anoA„ ao suogegedo 6ulo6uo anoA to ;no 6ulsue a6ewep jo Ranful aol e>lew _ am sluawAed to esnaoaq uopezlue6ao ao uosaad e ;su1e6e aAeq Aew am AJGA009a 10 lgbla Aue anlem am :sn o1 saagl0 ;sule6V fuanoOaN 10 slgr)[H 10 131 FFFF -sueal 'g uol;ipu00 01 peppe sl 6ulma1101 041 'su0'llpu00 Rllpgeip 1e18ua0 IMAL MOD - Al u01Ioas aapun nO.A HAM 1N3W33N0V NO 10VN1NOO V NI 03NIf103N NAHM - sn Ol 5N3H10 1SNIVEJV MAO038 d0 SIHOIN d0 83dSNVN1 dO N3AIVM '0 •Alaedwd ao suosaed loeload of euaol elgeuoseea to esn eql woal 6ulllnsaa „a5ewep Alaedoad„ ao „Alnful Allpoq„ of Aldde lou soap uolsnloxo slgl paansul aql to lulodpuels aql wal papualul ao peloadxe „a6ewep Rlaadoad„ ao „Ainful Appoe Ranful papualul a0 poloodx3 e :6uimollol oql Aq paaeldaa Sl A11119Vl"I 317VWV0 A.MdONd ONV kunrNI Al1CJ09 'V 30VN3AO0 d0 'e uolsnj0x3 30VWVO A1N3dONd O3ON31X3 'd Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" re- fer to the Named Insured shown in the Declarations. The words "we", "us" and "our" refer to the Company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V — Definitions. SECTION I —COVERED AUTOS Item Two of the Declarations shows the "autos" that are covered "autos" for each of your coverages. The following numerical symbols describe the "autos" that may be covered "autos". The symbols entered next to a coverage on the Declarations designate the only "autos" that are covered "autos". A. Description Of Covered Auto Designation Symbols Symbol Description Of Covered Auto Designation Symbols 1 An "Auto" 2 Owned "Autos" Only those "autos" you own (and for Liability Coverage any "trailers" you don't own Only while attached to power units you awn). This includes those "autos" you acquire ownership of after the policy begins, 3 Owned Private Only the private passenger "autos" you own. This includes those private passen- Passenger ger "autos" you acquire ownership of after the policy begins. "Autos" Only 4 Owned "Autos" Only those "autos" you own that are not of the private passenger type (and for Li - Other Than Pri- ability Coverage any "trailers" you don't own while attached to power units you vate Passenger own). This includes those "autos" not of the private passenger type you acquire "Autos" Only ownership of after the policy begins. 6 Owned "Autos" Only those "autos" you own that are required to have No -Fault benefits in the state Subject To No- where they are licensed or principally garaged. This includes those "autos" you Fault acquire ownership of after the policy begins provided they are required to have No - Fault benefits in the state where they are licensed or principally garaged. 6 Owned "Autos" Only those "autos" you own that because of the law in the state where they are Subject To A licensed or principally garaged are required to have and cannot reject Uninsured Compulsory Un- Motorists Coverage. This includes those "autos" you acquire ownership of after the insured Motor- policy begins provided they are subject to the same state uninsured motorists re- ists Law quirement. 7 Specifically De- Only those "autos" described in Item Three of the Declarations for which a pre- scribed "Autos" mium charge is shown (and for Liability Coverage any "trailers" you don't own while attached to any power unit described in Item Three). 8 Hired "Autos" Only those "autos" you lease, hire, rent or borrow. This does not include any "auto" Only you lease, hire, rent, or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households. 9 Nonowned Only those "autos" you do not own, lease, hire, rent or borrow that are used in con - "Autos" Only nection with your business. This includes "autos" owned by your "employees", partners (if you are a partnership), members (if you are a limited liabllity company), or members of their households but only while used in your business or your per- sonal affairs. of 12 yl zp CA 00 01 03 06 0 ISO Properties, Inc., 2005 sot „olne„ paaanoO e e s! „o3ne„ paaanoo on u011daOxe s!ql „o3ne„ paaanoDMe moajoq ao aalq no( wogm wool Oslo auoAue ao aaumo eql 9009 Oul'soW@doadOSIO (0 :ldaoxe moi -aoq ao aj!q 'umo noA „o3ne„ paaanoo a uols -spied anon gllm buisn al!gm asle auoAuV q „olne„ p919AOO Aue aol noA u :,,spaansul„ aae 6uimollo; eql paansul uV sl oqm -4 •sluauwaglas to sluaw6pnf ;o lueWed Aq palsnegxa ueaq seq aoueansul to 1!wrl a6eaamoo fl!l!ge!q aq} uagm spun alpas ao pua;ap of Alnp Ono 'alepdoadde aappum em se „1!ns„ ao wlelo Aue aipas pue alebIlsanul Aaw aM Aldde lou saop aoueansui sp go!gm of „esued -xa ao lsoo uo!lnlod paaanoo„ e ao „a6ewep Ilia -dad„ ao „funfu! Allpoq„ aol sabawep buhlaas „fins„ e lsumbe „paansul„ Aue puelep of Alnp ou aneq am 'aanamoH '„asuadxa ao isoo uo!lnjlod paaanoo„ e ao sa6ewep qons aol bul>Ise „llns„ a lsulebe „pains -ul„ Aue pualap of Alnp pue jgbp aql aneq GM ,duappoe„ awes eql Aq pasneo st legl sa!ldde aouamsut s!ql go!gm of „a6ewep Aliedoad„ ao „Aanfu,i Appoq„ aagl!e si aaagl lI „asued -xe ao isoa uognllod paaanoo„ aql aol And Aluo Illm am 'aanamoH „some„ paaanoo jo asn ao aoueu -alu!ew 'd!gsaaumo aql woo} 6ugjnsaa pue „luap -IDOL„ us Aq pasneo 'sa!Idde aoueansul s!gl go!gm of „asuadxa ao lsoo uo!lnllod paaanoo„ e se And lsnw Allebal „painsut,, us suans Ile And osle 1pm aM „olnL„ paaanoO a to asn ao aououalu!ew 'd!gsaaumo aql woaj bu!llnsaa pue „luappoe„ ue Aq pasneo 'soildde eoueansui s!ql golgm of „96ewep Alaadoad„ ao „AanNI Allpoq„ }o asneaaq sebawep so And lsnw Alle69l „paansul„ ue swns ils And Illm aM 96Laan00 •V 30VN3A00 A111113VI I — II N0I103S 90 to 1,0 00 Vo •uo!lan�lsaQ 'a ao'„sso l„ p '6ulo!naeS -a :j!eda8 q umopeaia •e :sli to asneoeq ooyues to ;no si legl umo noA , o;ne„ paaanoo e aol alnl -!lsgns Aieaodwal a se aaumo sl! to uoissuied eql ql!m pasn ellgm umo lou op noA „o3ne„ AuV •£ „olne„ paJanoO e Aq pamol ao papm bulaq el!gm „luawdinbe ai!go& .Z speoa olignd uo ianeJl aol Alpmpd peu6!sap ssel ao spunod 000'Z to Alpedeo pool a ql!m „sjeIleal,, •l. :a6ea9n03 Al!I!gmj aol „some,; peas -non MIL aae sap!gan 30 sadAl 6u!mollol aql 'wood ebeaanoo s!ql Aq pOp!noid V 95eaan00 Al!I!geil bl so;nV a;n;l;sgnS Aaeaodwal puV;uowdlnb3 ellgoW `saalleal ulepoo '0 a6L -aanoO 10gl aol l! aanoO of sn luem noA legl lI aa!nboe noA aaUL Shp 0£ u!gllm sn pal noA q pue'abe -aanoD legl peq legl paumo Alsnolnaad noA „olne us sawldaj l! ao a6Lasnoo legl aol umo noA legl „solne„ IS aanoa Apeaa!e aM •n :l! Aluo On -aaAOO legl aol „olne„ paaanoO e aq Illm aalnboe noA „olne„ us 'suo!leaepap aql to oml wall u! Obeaanoa L of lxau paaalua sl Z logwAS p 'ing .Z polaod Aollod ogl;o aapu!ew -aa aql aol peglaosap adAl eql to aa!nboe noA legl „soln9„ aOl a6eaan00 aneq noA uagl 'suoll -eaepaa aql Jo oml wall u1 a6eaanoa e of lxau paaalua aae 6l, ao 9 19 It, '£ `Z `II, slogwAS 11 1, sulfas A011od agyaayV aalnboV noA so;nV pounno •g •pa6eae6 Alledpuud ao pasuaall aae Aaql aaagm mel aoueansui ap!gan aolow aaglo ao mel Al!llq!suodsaa Iepueu!} ao Auoslndwoo e of lOafgns lou aaam Aagl p Ao!Iod s!ql aapun „luawd!nba al!gow„;o uoallullap aql aapun Al!lenb pinam 1Lgl PUS sap!gaA puel Lie legl „solne„ asogl Aluo aouaansul alalq -aA aoloW aaglo ao A}II!glsuods -ab lepusuld ao Aaoslndwoo of loafgng luaw -d!nbg al!goW 61, (2) Your "employee" if the covered "auto" is owned by that "employee" or a member of his or her household. (3) Someone using a covered "auto" while he or she is working in a business of selling, servicing, repairing, parking or storing "autos" unless that business is yours. (4) Anyone other than your "employees", partners (if you are a partnership), members (if you are a limited liability company), or a lessee or borrower or any of their "employees", while moving property to or from a covered "auto". (5) A partner (if you are a partnership), or a member (if you are a limited liability company) for a covered "auto" owned by him or her or a member of his or her household. c. Anyone liable for the conduct of an "in- sured" described above but only to the ex- tent of that liability. 2. Coverage Extensions a. Supplementary Payments We will pay for the "insured": (1) All expenses we incur. (2) Up to $2,000 for cost of bail bonds (in- cluding bonds for related traffic law vio- lations) required because of an "acci- dent" we cover. We do not have to fur- nish these bonds. (3) The cost of bonds to release attach- ments in any "suit" against the "insured" we defend, but only for bond amounts within our Limit of Insurance. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $250 a day be- cause of time off from work. (6) All costs taxed against the "insured" in any "suit" against the "insured" we de- fend. (6) All interest on the full amount of any judgment that accrues after entry of the judgment In any "suit" against the "in- sured" we defend, but our duty to pay in- terest ends when we have paid, offered to pay or deposited in court the part of the judgment that is within our Limit of Insurance. These payments will not reduce the Limit of Insurance. b. Out -Of -State Coverage Extensions While a covered "auto" is away from the state where it is licensed we will: (1) Increase the Limit of Insurance for Li- ability Coverage to meet the limits speci- fied by a compulsory or financial re- sponsibility law of the jurisdiction where the covered "auto" is being used. This extension does not apply to the limit or limits specified by any law governing motor carriers of passengers or prop- erty. (2) Provide the minimum amounts and types of other coverages, such as no- fault, required of out-of-state vehicles by the jurisdiction where the covered "auto" is being used, We will not pay anyone more than once for the same elements of loss because of these extensions. B. Exclusions This insurance does not apply to any of the follow- ing: 1. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the "in- sured". 2. Contractual Liability assumed under any contract or agree- ment. But this exclusion does not apply to liability for damages: a. Assumed in a contract or agreement that is an "insured contract" provided the "bodily injury" or "property damage" occurs subse- quent to the execution of the contract or agreement; or b. That the "insured" would have in the ab- sence of the contract or agreement. 3. Workers' Compensation Any obligation for which the "insured" or the "insured's" insurer may be held liable under any workers' compensation, disability benefits or unemployment compensation law or any similar law. 4. Employee Indemnification And Employer's Liability "Bodily injury" to; a. An "employee" of the "Insured' ing out of and in the course of: (1) EmploymembyN( red";or CA 00 0103 06 0 ISO Properties, Inc., 2005 5ooZ "oul'saijadoid OSI0 Uasb .,,o;ne„ aanoo aq;'woaa o �2 . awaneuo} palpueq Jo PA e' Mo;pa�odsue; 6uiag (4) sl;eq; Aua aae;eq;ao'aae;egl 'e pp7 ` d :,,s;ue;nIiod„ jo adeo s �o eseaia'uopea6iw '96edeas 'lesiadsip 6"egoslp paua;eaaq; Jo pabelle 'Jan;oe aq;;o ;no 6uisue „a6ewep Apedoid„ ao „funfu! AI!pog„ uopnilod 11, 'pa;aidwoo se pe;eaa; aq p!m'ejeldwoo esiNue -q;o s! go!gm;nq '}uawaoeldoi jo iiedej 'uo!;oaa -aoo'aoueua;uiew 'ao!naas peau Aew;eq; >IaoAA ;oafoid awes aq; uo bui�aom ao;oeu;uoogns ao ao;oe„uoo aeq;oue ueq; aaq;o uo!;eziue6ao ao uosaad Aue Aq asn papua;u! s;i o;;nd uaaq seq a;!s qof e;e auop Imm aq;;o lied ;eq; uagM (E) •a;ls auo ueq; aaow;e Tom ao; slleo ;oewuoo anoA j! pe;eldwoo uaaq seq aps eq;;e auop aq o; �JOM aq; Jo Ile uagM (Z) 'pa;aldwoo uaaq seq;oeuuoo anoA ui jo; palleo Niom aq;;o lie uagM (l,) :saw!; bulmopo; aq;;o;salpea aq; Is pa;aldwoo pawaep eq II!m >pom ino), anoge •q ao 'e OsJb aed ut papnioui swat! aq; }o Aue }o souewaopod x A;ll!geanp 'A;Iienb 'ssou -;!I aq; o;;oadsaa q;Im owi; Aue ;e spew suoi; -e;uasaadai jo segueimm sepnioui �pom anoA suogeaado jo �aom qons q;lm uopoauuoo ui pagsiujn3 ;uawdlnba ao sped 'sleualon .q pus :}legaq anoA uo ao noA Aq pawjoped suogejado jo >joAA •e :sueaw Tom anoA'uoisnpxa siq; ul pauopuege ao pa;ald -woo uaaq seq Naom ;eq; aaue Tom anoA jo ;no 6uispe „abewep Apadoid„ uo „Ajnfui Aypog„ suoilwado pa;aldwo9 '0I, pe6aie6 Ailedlouud ao pasueoil sl;! ajagm mel aoueansul eloigaA ao;ow Jaq;o ao Mel A;lllq!suodsa.l IelousulI ao Aaoslndwoo e o;;oefgns;ou aaam;l d! „;uew -dinbe ailgow„ jo uol;IuUap ag; japun All -lenb pinoM;eq; aplgeA puel e '}o lied jo 'o; pagoe;;e 'uo si;eq;;uawdinba ao AaauigogW 'q Jo :,,;uaw -dinba allgow„ }o uo!;iu!dap eq; jo 'o,g pue 1q:9 sgdaj6Wed ui pa;sil ;uawdinba Auy e :}o uol;eaado aq;;o ;no buisue „abewep AJedoJd„ jo „Ajnfui Allpog„ sun!;eAedo '6 so co 1,0 00 do „o;ne„ paaanoo ag; o; pagoeIie sl aolAap aq; ssolun (>Ion1; pueq a ueq; aaq;o) eoinap Ieo -iuegoaw e Aq Apedoid }o;uawanaw aq; woa} Sul;Insaa „a6ewep Apedoid„ ao „/Unfui Allpog„ aolAaQ leniuegoaW AS A:pedoad 10;uawanoyy 'g „pamsui„ eq; Aq paaaAliap Alleug si;! ejegm aoeld ag; o; „o;ne„ paaanoo aq; wa; panow sl;l ua;yy 'q ao :,,o;ne„ paaanoo aq; o;uo ao o;ui ;uawaAow ao; „painsui„ aq; Aq pa;daooe sl;! ejagm ooeld ag; woaJ panow sl;l aao39g 'e :Apadoid jo bu!Ipueq aq; w04 bui;!nsaa „a6ewep Apadoid„ ao „knfu! Allpog„ "doad JO 6ullpu9H •Z ;uawaaa6e voej;ap!s e aapun pawnsse A;!l!geil o; Aldde ;ou saop uoisn!oxe siq; ;ng Ioa;uoo x Apo;sno 'ejeo „s,paansul„ aq; ui ao „pajnsul„ eq; Aq papod -suej; ao paumo Auadoid 6ulA10nul „asuedxe ao ;soo uol;nllod paaanoo„ao o; „a6ewep Apodoad„ loa;uoo JO Ap04sno °eaeo 'g •sseuisnq moA ;o ;onpuoo aq; o; pa;elaa sagnp bulwao; -jad apgm ao ;uawAoidwa „s,9aAoldwa„ mopa; aq; }o asanoa ag; uI pue;o;no bu!siae „pamsul„ eq; }o „wAoIcwe„ molla} Aue o; „fijnfui Allpog„ aaAoldwg nmollad 'g sasiwaid aouep -!saa a q;!M uo;oauuoo ui Alledioupd pawjoj -jad �aom of;sawop Jo plogesnoq ul p06e6 -uo uosaad e sl „ okldwa„ of;sawop e 'waod a6eJan00 aq; ;o sesodind aq; jod ;oea;uoo paansu!„ ua aapun „p@jnsul„ aq; Aq pewnsse A;q!gsil o; ao s;l;aueq uoi;esusdwoo ,siaHjom o; paµqua ;ou „sgaAojdwa„ ogsawop o; „Aanf -ui Al!poq„ o; A!dde;ou seop uoisnloxa s!q;;ng Ainful aq;;o asneoaq sebewap Aed ;snw oqm esle auoawos Aedaj ao q;IM sa6ewep ajegs o; uol;ebilgo Aue of (Z) pue :A;!oedeo aeg;o Aue ui io Woldwo ue se algell eq Am „paansu!„ ag; jaq;agM (i,) :seildde uoisnloxa sigy eAoge •e gdea6eaed jo aouanbosuoo e se „9aAoldw9„ ;eq; ,;o ao;sis ao aeq;oaq ';uejed 'pllgo 'asnods oql 'q ao :ssauisnq „s,paansui„ aq; jo;onp -uoo aq; a; pa;elal sai;np aq; 6uliwo}Jad (Z) (2) Otherwise in the course of transit by or on behalf of the "insured"; or (3) Being stored, disposed of, treated or processed in or upon the covered "auto"; b, Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are ac- cepted by the "insured" for movement into or onto the covered "auto"; or c. After the "pollutants" or any property In which the "pollutants" are contained are moved from the covered "auto" to the place where they are finally delivered, disposed of or abandoned by the "insured". Paragraph a. above does not apply to fuels, lu- bricants, fluids, exhaust gases or other similar "pollutants" that are needed for or result from the normal electrical, hydraulic or mechanical functioning of the covered "auto" or its parts, if: (1) The "pollutants" escape, seep, migrate, or are discharged, dispersed or re- leased directly from an "auto" part de- signed by its manufacturer to hold, store, receive or dispose of such "pol- lutants'; and (2) The "bodily injury", "property damage" or "covered pollution cost or expense" does not arise out of the operation of any equipment listed in Paragraphs 6.b. and 6.c. of the definition of "mobile equipment". Paragraphs b, and c, above of this exclusion do not apply to "accidents" that occur away from premises owned by or rented to an "in- sured" with respect to "pollutants" not in or upon a covered "auto" if; (1) The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto": and (2) The discharge, dispersal, seepage, mi- gration, release or escape of the "pollut- ants" is caused directly by such upset, overturn or damage. 12. War "Bodily injury" or "property damage" arising di- rectly or indirectly out of: c. Insurrection, rebellion, revolution, usurped power, or action taken by governmental au- thority in hindering or defending against any of these. 13. Racing Covered "autos" while used in any professional or organized racing or demolition contest or stunting activity, or while practicing for such contest or activity. This insurance also does not apply while that covered "auto" is being prepared for such a contest or activity. C. Limit Of Insurance Regardless of the number of covered "autos", "in- sureds", premiums paid, claims made or vehicles involved in the "accident", the most we will pay for the total of all damages and "covered pollution cost or expense" combined, resulting from any one "accident" is the Limit of Insurance for Liability Coverage shown in the Declarations. All "bodily injury", "property damage" and "covered pollution cost or expense" resulting from continu- ous or repeated exposure to substantially the same conditions will be considered as resulting from one "accident', No one will be entitled to receive duplicate pay- ments for the same elements of "loss" under this Coverage Form and any Medical Payments Cov- erage Endorsement, Uninsured Motorists Cover- age Endorsement or Underinsured Motorists Cov- erage Endorsement attached to this Coverage Part, SECTION III — PHYSICAL DAMAGE COVERAGE A. Coverage 1. We will pay for "loss" to a covered "auto" or its equipment under: a. Comprehensive Coverage From any cause except: (1) The covered "auto's" collision with an- other object; or (2) The covered "auto's" overturn. It. Specified Causes Of Loss Coverage Caused by: (1) Fire, lightning or explosion; (2) Theft; (3) Windstorm, hail or earthquake; (4) Flood; a. War, including undeclared or civil war; (6) Mischief or vandalism; or,p6'. b. Warlike action by a military force, including (6) The sinking, burnin&elision or dera' action in hindering or defending against an merit of any cRI yance trans ng actual or expected attack, by any govern- the covered ment, sovereign or other authority using Z5. 12 military personnel or other agents; or ' CA 00 01 03 06 0 ISO Properties, Inc., 2005 90OZ "oul 'sa!lJodoid OSI K i' ;uawdlnba le Jo lensln 'olpne 4llm asn Jo; nap OIUo;oa19 e;ep Jo lensln a .�gw!s Jaqo Jo ss!p spoosodej e bull �mollo} agl;o Aue of „ssol„ Jo; Aed;ou Illm aM y •sail; of obewep paoi Jaq;o Jo soinjound 's;nomolg q umopJleaiq leoploale Jo laoluagoaw 'bulzaai; 'Deal pus Jeam •e :eoueinsu! s!ql Aq paJanoo $l;egl „ssol„ Jaq;o Aq pasneo ssalun 6u!mollol aq;;o Aue woJ; bul -;lnsei Jo Aq pasneo „ssol„ Jo; Aed lou ll!m am '£ 'Al!nl;oe Jo lsaluoo a Bons Jo; paled -aid 6ulaq s! „olne„ paJanoo Jaq; al!gm „o;ne„ paJanoo Aue of „ssol„ Jo; Aed lou osle 111m am Al!nl;oe Jo ;saJuoa qons Jo; 6u!a!;oeid 91!4m io 'A;In!loa buqunls Jo;saluoo uo!l!lowap Jo bulow paz!ue6Jo Jo leuossa;oid Aue u1 pasn el!qm olne„ paianoo Aue of „ssol„ Jo; Aed;ou ll!m aM Z esegl;o Aue lsu!a6e 6ulpua; -ep Jo 6upopu!q u! A;!Joglne leluawuie -na6 Aq uo�al uoloe Jo Jamod padinsn 'uollnlonaJ uoglagaJ 'uogoeiinsul (£) Jo's;ua6e Jaglo Jo leuuosiad AJel!I!w 6ulsn A;uoq; -ne Jaglo Jo u6i,aJanos 'luagiuiana6 Aua Aq '�oel;e paloadxo Jo lan;oe ue;su!e6e 6u!pua;ep Jo 6upepulq ul uol;oe 6ul -pnloul 'aoio; AJe;1I1w a Aq uoi;oe 9J !peM (Z) 'Jam Ilnla Jo paieloapun bulpnlou! 'ieM ( b) uol;ay AJe31IIW Jo ieM 'q 'pasneo Janam04 'uolleuluJeluoo anlJ -oeolpeJ Jo 'uo!;e!peJ Jo uogoeaJ JeolonN (Z) Jo'uolsn; Jo uolssl; olwole bu!Aoldwe uodeem Aue;o uolsoldxe aql 14) piazaHJealonN •e „ssol„ aql of aouenb -as Aue ul Jo Aguaiinouoo salnqu;uoa ;eq; Juana Jo asneo Jaglo Aue;o ssalpieboi papnlo -xe s! „ssal„ gang 6u!mollo; eq;;o Aue w04 6ul -JlnsaJ Jo Aq pasneo „ssol„ Jo; Aed lou Illm am •l, suolsnloxg •9 '009$;o wnw!xew a ol'Asp Jad OZ$ si asn;o ssol ao; sasuad -xe Aue Jo; Aed 1pm am ;sow aql 'JanamoH „o;ne„ PaJanoo Aua Jo; paP!noid si a6eJ9n00 uoIs11100 ;e41 a;eolpul suogeJeloap aq;;! Aluo u01811100 (£) Jo'„olne„ paianoa Aue io; papinoJd si abei9no0 sso-I ;O sasnao poipoadS leq; a;eolpul suolJaieloe0 aql ;! Aluo ssol ;o sasneo pal;loadS (Z) 90 £o W 00 vo ,,olne,, paJanoo Rue Jo; papinoJd sl efte -no0 anlsuagaidwoo leq; eleo!pul suo!J -eieloa0 943;1 Aluo uo!s!lloo ua4; Ja4;O (t) :Aq pasneo;! sesuad -xe esn ;o ssol Jo; Aed Illm aM Juawoeibe Jo lOeJluoo leluaJ uall!Jm e Japun 'Janup a ;nogl!m peJ!q Jo pa;uaJ al0lgan a ;o asn ;o 8801 Jo; led of elq!suodsej Alle6al sawoo -aq „poinsu!„ ua golgm Jo; sasuadxa Aed Illm am 'a6eweQ leo!sAgd olny paJ!H Jog sasuadxg asn ;o sso-i q „ssol„ s;l Jo} Aed am Jo asn of peuinjoi sl „olne„ paJanoo 041 uagm 'u011eJ -!dxa s,Aollod agl;o ssolpiLft '6ulpua pue l;ag; agJ Jal;e sinoq 9q 6u!uul6aq Poped eql buunp paJinoul sasuadxa uolleliodsuwl /jwodwal io; Aed IIIm aM 96eJ9noO sso-1 ;o sasnao pa!;loads Jo anlsuegaidwo0 Jaglla AJJeo noA go!gm Jo; „solne„ paJanoo ssoq; Jo; Aluo Aed Illm am adA; Ja6uessed QJOApd eq; ;o „olne„ paianoo e ;o l;agJ lel -ol aql;o asneoeq noA Aq paJJnoul asuadxe uolle;JodsueJl AJeiodwa; Jo; 009$ ;o wnw -lxew a of Aep Jad OZ$ of do Aad ll!m aM sasuadx; uollu:podsueJJ, e suolsualx3 a6aaano0 'q '96eJ9noO uolsll -loo Japun „ssol„ a paiaplsuoo uJnlJano Jo uols -Illoo „s,olne„ paianoo a Aq pasnao a6e>leaiq sselb 6u!neq;o uogdo aqJ ane4 noA 'JanamoH sapslw Jo s;oa(go bulge; Aq pasneo „ssoj,, -o pue 'lew!ue Jo pJlq e buipq Aq pasnao „sso-., 'q 'a6e�eaiq ssel j -e :a6eJanoO anlsua4aidwoo Japun bu!mollo; aq; io; Aed Illm am '„olne„ paJanoo Pa6ewep a4; Jo; o6eJanoO an!suagaidwoo AJJeo noA ;I sollsslW Jo sloa(go 6ullled — Iew!uy Jo PAS y 6upl!H — 0604VOJS sselo '£ ;uawalges!p;o ooeld agl le pawio}Jad eq lsnw Jogel aq; 'JanamoH palgas!p s! adA; Ja6uas -sed alenlid agl;o „olne„ paJanoo a awll goes paJJnoul slsoo Jogel pue bu!mol Jo; suogeJ -eload aql ul umogs;lw!l aql 0; do Aed 1pm am 6ulmoy 'Z uJnlJeno „s,olne„ paJanoo 9qi (Z) Jo "oalgo JogJ0 -ue ql!m uo!sllloo „s,ojne„ paJanoo eql (�) :Aq pasneo 868ianoo uolslpoo •0 b, Any device designed or used to detect speed measuring equipment such as radar or laser detectors and any jamming appara- tus intended to elude or disrupt speed measurement equipment. c. Any electronic equipment, without regard to whether this equipment is permanently in- stalled, that receives or transmits audio, visual or data signals and that is not de- signed solely for the reproduction of sound. d. Any accessories used with the electronic equipment described in Paragraph c. above. Exclusions 4.c. and 4.d, do not apply to: a. Equipment designed solely for the repro- duction of sound and accessories used with such equipment, provided such equipment is permanently installed in the covered "auto" at the time of the "loss" or such equipment is removable from a housing unit which is permanently Installed in the cov- ered "auto" at the time of the "loss", and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto'; or b. Any other electronic equipment that is: (1) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system; or (2) An integral part of the same unit housing any sound reproducing equipment de- scribed in Paragraph a. above and per- manently installed in the opening of the dash or console of the covered "auto' normally used by the manufacturer for installation of a radio. S. We will not pay for "loss" to a covered "auto" due to "diminution in value". C. Limit Of Insurance 1. The most we will pay for "loss" in any one "ac- cident" is the lesser of: a. The actual cash value of the damaged or stolen property as of the time of the "loss"; or b. The cost of repairing or replacing the dam- aged or stolen property with other property of like kind and quality. 2. An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss". 3. If a repair or replacement results in better then like kind or quality, we will not pay for the amount of the betterment. D. Deductible For each covered "auto", our obligation to pay for, repair, return or replace damaged or stolen prop- erty will be reduced by the applicable deductible shown in the Declarations. Any Comprehensive Coverage deductible shown in the Declarations does not apply to "loss" caused by fire or lightning. SECTION IV — BUSINESS AUTO CONDITIONS The following conditions apply in addition to the Common Policy Conditions: A. Loss Conditions 1. Appraisal For Physical Damage Loss If you and we disagree on the amount of "loss", either may demand an appraisal of the "loss". In this event, each party will select a competent appraiser. The two appraisers will select a competent and impartial umpire. The apprais- ers will state separately the actual cash value and amount of "loss". If they fail to agree, they will submit their differences to the umpire. A decision agreed to by any two will be binding. Each party will: a. Pay its chosen appraiser; and b. Bear the other expenses of the appraisal and umpire equally. If we submit to an appraisal, we will still retain our right to deny the claim. 2. Duties In The Event Of Accident, Claim, Suit Or Loss We have no duty to provide coverage under this policy unless there has been full compli- ance with the following duties: a. In the event of "accident", claim, "suit" or "loss", you must give us or our authorized representative prompt notice of the "acci- dent" or "loss", Include: (1) How, when and where the "accident" or "loss" occurred; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. b. Additionally, you and any other involved "insured" must: (1) Assume no obligation, ma,,II��e no pay- ment or incur no expar� )k6ithout our consent, except at t"fnsured's" o cost. �j\ \�l. of 12 CA 00 01 03 06 0 ISO Properties, Inc., 2005 90OZ ''oul 'sa!liadOM OSI Z6 •waod a6eaanoo s!q; }o uols!n -oad aaq;o Aue }o sselpje6ei aa} a jo} A}jedoid 6uipiodsuej; jo 6u!ao;s 'bulploq uo!;ez!ue6ao jo uosaad Aue }o ;!}aueq ay; jo} e6ejanoo Aue ;uea6 jo;uawu6!sse Aue OZIU6do91;OU !l!m GM S06Mno0 a6eweG lealsAgd — 001le8 01 311auaS ON •y 'a;e;s jnoA ul and;oa}}a s! uo!s -lnaa aq; Asp aq; }o se 96eaanoo leuol;!ppe aq; apinojd Alleoi;ewo;ne Illm Ao!lod anoA 'abjeg6 wnlwajd leuol;!ppe ;noq;!m a6ejanoo ajow ap!noid o; wjod a6ejano0 slq; as!naa am }I uol3ezlleaaq!-1 T •wjod ebejanoo sly; aapun w!elo y p 90 so 1,0 00 vo jo :uaq; ay; woj} „o;ne„ ay; o; s;lnsaj;eq; e6ewep Aue job Aed ll!m aM asuadxa ano;e 'Aliedoid ualo;s aq; ujnled q :Alaadojd ual -o;s jo pa6ewep aoeldaj jo j!edaa 'jo} Aed •e :Aaw am uol;do ano;y 906eaan00 a6ewe0 leo!sAgd—;uewAed sso-1 •4 •A;!l!ge!l „s,paansu!„ aq; au!waa;ap o; uol;oe us o;ul sn 6u!aq o; Ao! -lod slq; japun;g6u aq; seq auo ON •le!a; ja; -Is luewbpnf Aq psu!wja;ap uaaq Alleuq seq uol;e6l1go ;aq; }o ;unowe aq; p;un jo Aed o; uol;e6!lgo us seq „pejneu!„ eq;;ey; 6u! -;!am ul Ml5e am 'a6eaana0 A;!llge!-1 aapun •q pue :waod 96ejan00 slq; }o swja; eg; Ile ql!m eouelldwoo l!n} uaaq seq ajag1 a jo !,,o;na„ paaanoo ay; ul;saja;ul jnOA '0 :p;un waod a6ejanoo slq; asp '„o;ne„ paaanoo aqy q -un sn;su!ebe uo!;oe lebel a 6uuq Aew auo ON :waod 96ejan00 s!ql a s(l;su!e6y uol;aq leBe-1 'C :6ul sjamsueanaA;o -ujaouoo Joel lelja;ew e;uasajdaas!w jo leao ;uawa;e;s pe41s a sn 9n16 pue;senbei uoo A!leuo!;ua;ul 'aw!; Aue Is „paansu!„ jay;o ano;e y;en japun suo!;eulwexe o; aajav (q) Aue jo noA }! p!on osle $! ;I LUjod 96e19n00 uo!;lsodstp jo a!edej slq; o; sa;elaj ;! se ouj!; Aue ;e noA Aq pnej} s;l aao}aq „ssol„ ay; 6u!nojd spaooaa pus }o aseo Aue ut p!on st waod a6ejano0 slgl „o;ne„ paaanoo ay};oadsul o; sn ;!wjad M pnead ao uol;e;ueseedaasiw ';uawleaauoo Z wlelo -wjod 96ea9noo slq; aapun suol;ebilgo aq; }o ;uawal;;as aq; ul uol;ejap!suoo Aue }o sn anallaj ;ou p!m a;e;sa „s,pajnsu!„ oq; jo} easuadxe moA }o pjooaa e daa� os!y jo „painsu!„ aq; }o Aouanlosu! jo Ao;dnjjueg abewep jeq}jn} woa} „o;ne„ paaanoo Aoadnj� ueg •y ay;;oe;oad o; sda;s algauoseaa Ile a>le1, (Z) suol}lpuoo lejaua0 g 'ualo;s s!;uawd!nbe s;l }o Aue jo „o;ne„ paaanoo ay; }I eo!lod eq; Ap;ou Aildwo;d (l,) ,waq; nedwl o; „ssol„ jo „;uapooe,, ja,4e 6u!q;ou op ;snw pus s;q6u ano aanoes 6u!mopa} ay; op osle;snw noA;uawd!nba o; Aaessaoau 6ulq;Aaana op ;snw uol;ezlue6 s;! ao „olne„ paaanoo e o; „ssol„ s! aaaq; }I •a -jo jo uosaad;eqy sn o; pajja}suaa; eje s;g6lj annbea Algeuoseea am asoq; 'jaq;Due woj} s96ewep aanoaaj n; s;g6!a se uauo se 'aologo ano }o suelo!sAgd Aq sey waod 96eaanoo slq;aapun;uewAed anew 'asuadxe ano;e'uo!;eu!wexe o;;!wgnS (9) am wogm jo} jo o; u0!1ezlu0jo jo uosaad Aue }I uol;ewjoju!;uou!liad jey;o jo sn of snag;o spjooaa leo!paw we;go o; sn azuoq;ny (q) ;sule6y Aj0no36d10 s146lb;O aa;sueal •g ,dlns„ aq;;sule6e A}jadojd ualo;s jo esuajap jo w!elo ay; }o ;uawalnes pa6ewep aq; jo; xe; sales algeo!ldde aq; apnlo ao uol;e6!;sanu1 aq; ui sn q;!m ejejad000 (g) -u! II!m ;uawAed ano '„ssol„ aq; ao} Aed am dl „;!ns„ ao wiela •amen eq; bu!weouoo panlaoej jaded le6al jo pes!eadde ao peaAe us Is Aliedoad ual suowwns `oogou 'japo 'puewap ';sanb -o;s jo pabewep aq; }o ued Aue jo Ile a�ej 'o -aa Aue }o se!doo sn puss Ala;elpawwl (Z) S. Other Insurance 7. Policy Period, Coverage Territory a. For any covered "auto" you own, this Cov- Under this Coverage Form, we cover "acci- erage Form provides primary insurance. dents" and "losses" occurring: For any covered "auto" you don't own, the a. During the policy period shown in the Dec - insurance provided by this Coverage Form larations;and is excess over any other collectible insur- ance. However, while a covered "auto" b. Within the coverage territory. which is a "trailer" is connected to another The coverage territory is: vehicle, the Liability Coverage this Cover- a. The United States of America; age Form provides for the "trailer" is: (1) Excess while it is connected to a motor b. The territories and possessions of the vehicle you do not own. United States of America; (2) Primary while it is connected to a cov- c. Puerto Rico; ered "auto" you own. d. Canada; and b, For Hired Auto Physical Damage Coverage, e. Anywhere in the world if: any covered "auto" you lease, hire, rent or (1) A covered "auto" of the private passen- borrow is deemed to be a covered "auto" ger type is leased, hired, rented or bor- you own. However, any "auto" that is rowed without a driver for a period of 30 leased, hired, rented or borrowed with a days or less; and driver is not a covered "auto". (2) The "insured's" responsibility to pay c. Regardless of the provisions of Paragraph damages is determined in a "suit" on the a. above, this Coverage Form's Liability merits, in the United States of America, Coverage is primary for any liability as- the territories and possessions of the sumed under an "insured contract". United States of America, Puerto Rico, d. When this Coverage Form and any other or Canada or in a settlement we agree Coverage Form or policy covers on the to, same basis, either excess or primary, we We also cover "loss" to, or "accidents" Involy- will pay only our share. Our share is the ing, a covered "auto" while being transported proportion that the Limit of Insurance of our between any of these places. Coverage Form bears to the total of the lim- its of all the Coverage Forms and policies Issued By Us covering on the same basis. 6. Premium Audit If this Coverage Form and any other Coverage Form or policy issued to you by us or any com- a. The estimated premium for this Coverage parry affiliated with us apply to the same "acei- Form is based on the exposures you told us dent", the aggregate maximum Limit of Insur- you would have when this policy began. We ante under all the Coverage Forms or policies will compute the final premium due when shall not exceed the highest applicable Limit of we determine your actual exposures. The Insurance under any one Coverage Form or estimated total premium will be credited policy. This condition does not apply to any against the final premium due and the first Coverage Form or policy issued by us or an af- Nemed Insured will be billed for the bal- filiated company specifically to apply as excess ante, if any. The due date for the final pre- insurance over this Coverage Form. mium or retrospective premium is the date SECTION V—®EFINITIONS shown as the due date on the bill. If the es- timated total premium exceeds the final A. "Accident" includes continuous or repeated expo - premium due, the first Named Insured will sure to the same conditions resulting in "bodily in - get a refund, jury" or "property damage". b. If this policy is issued for more than one B. "Auto" means: year, the premium for this Coverage Form 1. A land motor vehicle, "trailer" or semitrailer de - will be computed annually based on our signed for travel on public roads; or rates or premiums in effect at the beginning of each year of the policy. of 12 Q�. CA 00 01 03 06 Q ISO Properties, Inc., 2005 900Z ' ou! 'sailaadoid os! OO 'peoaliea a to Joel og uigliM ao uo suopeaa -do Uo!J!lOwep as UOIJOnalsuoo gJIM u01}OauUob ui ldeoxe 'luewaejbe asueoll ao juawesee AuV g 'JueWaaa6e %OBJIapis V 'Z isesiwaad jo oseal V ' 4 :sueaw „joeiluoo pamsul,, •H lg6nojq ao wle!O a w04M jsuleBe as 96eaanOO bul�GGs si oqM paansul qoea of Alejeaedas saildde papaoj -je G6eaGAOO aql 'eoueansul jo Jiwiq aqj of loads -oa q m }da3x3 abeaanoo a!geoildde aqi jO uolsln -cud paansul uV sl o4AA aqj ui paansul ue se bulAj -l!enb uo!leziuebao jo uosaad Aue suaGui „poinsq, C) '„ae>joM lueaodwal„ s apnioui jou soup „eaAo!d -w3,, „aa%joM peseal„ a sapnpui „9aAojdw& 'g „ssoi„ lejuepiooe pun loaalp a woaj slinsai goigM anlen alesaa ao amen 191aeua uI ssol paniao -Jed ao InnOe aqi Sunaw „amen ui uo!4nuiwl4„ •3 'o6ewep ao ujnljano '}asdn guns Aq Al}oaaip pasneo si „slue -lni!od„ eqj jo adeosa ao esealai 'uolleab -lw 'abadaGs '!esiadsip 'a6aegosip eqi (Z) pus '„ojne,, paaanoo a jo asn jo aoueuajuiew eqj do llnsaa a se pabewep ao pauanpano }asdn aae pauleluoo aae „sluelnllod„ aqi go!gM ul Alaadoad Aue ao „sjuejnIjod„ aqj (l.) l! „Ojne„ paaanoo e uodn ao ui jou „s}ue;nliod„ of loodsai gjiM „paansui„ us of paluaa ao Aq pauMo sosiwaad woaj AeMe in000 jell „sju9pjooe„ o} Aldde }ou op anoge 'o pue •q sgdeabeaed „luew -dmba allgow„ jo uoijluilep eqj jo o•g ao •q:g gdej6eaed ui pajs!I luawd!nba Aue jo uoileaado aqi jo jno asun jou soup „asuadxa ao Jsoo uo!lnllod paaanoo„ jo „96ewep A}aadoad„ „knfui Alipoq., oqi (Z) pus i„sluelni -lod„ Bons jo asodsip ao anlGOaa 'Gaols 'ploq of aaanjoejnuew sli Aq pau6is -ap load „ojne„ ue wool Alloaaip paseel -aa jo pasiads!p 'pa6aegosip aae ao 'ajeabiw 'does 'adeosa „sluelnlod„ aqy (l) :J! 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Allpoq„ aoj peoallea a sayluwapul legj_ s :luewaea6e ao joealuoo Aue jo lied legl apnlou!;ou saop „loealuoo paansu!„ uy „saaAo!dwa„ anoA jo Aue ao noA Aq paseal ao poluea „olne„ Aus of „abewep A;Jadoad„ aoj Aed of „s9oAolcw9„ anoA jo Aue ao noA saje6!igo l! legl ;uajxa aqj of „;oealuoo paansu!„ ue paaap!suoo aq lou pegs luawaaa6e ao loealuoo qons 'aanamoH „o;ne„ Aue jo '„sae -Aoldwa„ anoA jo Aue ao noA Aq 'aseal ao Ie;uaa aq; of 6u!u!eued 'ssau!snq anoA jo lied se 'olul paaa;ua;uaweeibe jo loea;uoo Aue jo lied jeq 1 '9 :luawaaa6e ao lowluoo Aue jo eouasge eql ul mel Aq pasodw aq pinom legl Al!llge!l s sueaw Awmell laoj, uo!leziuo6ao ao Abed pa!q; a of „a6ewep Alaadoad„ ao „Aanfu! Al!poq„ aoj Aed of aagloue jo A;IllgoIl laoj aqj awnsse noA galgm aapun (Al!led!o!unw e aoj pawiojaed >laom q;!m uol;oeuuoo uw Allledplunw e jo uo!;eo3!uwep -ui ue bu!pnpu!) sseu!snq anoA of 6u!u!elJad luawaaibe ao joealuoo aagjo Aue jo lied jetll '9 :Al!led!o!unw e aoj>laom qj!m uolloeuuoo uI ldeoxa 'A;!led!olunw e Aj!uwap -ul 01 'eoueu!pao Aq paalnbaa se 'uolle6!lgo uy •tr N. "Suit" means a civil proceeding in which: 1. Damages because of "bodily injury" or "prop- erty damage"; or 2. A "covered pollution cost or expense", to which this insurance applies, are alleged. "Suit" includes a. An arbitration proceeding in which such damages or "covered pollution costs or ex- penses" are claimed and to which the "in- sured" must submit or does submit with our consent; or b, Any other alternative dispute resolution pro- ceeding in which such damages or "cov- ered pollution costs or expenses" are claimed and to which the insured submits with our consent. O. "Temporary worker" means a person who is fur- nished to you to substitute for a permanent "em- ployee" on leave or to meet seasonal or short-term workload conditions. P. "Trailer" includes semitrailer. Pf� Q,A� �G Page 12 of 12 CA 00 01 03 06 0 ISO Properties, Inc., 2005 4tft� �® CERTIFICATE OF LIABILITY INSURANCE DAGv2Max6°"e"Y) 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(tes) 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 Kimberely Kelley NAME: Insurance Solutions PHONE (949)348-7400 FAX (949)348-2373 A/C No Ext : AC.,.) E-MAIL Kim% ins-solutions.com ADDRESS: License #0746539 33302 Valle Rd, Suite 200 INSURER(S) AFFORDING COVERAGE NAICIs San Juan Capistrano CA 92675 INSURERA: The Ohio Casualty Insurance Company 24074 INSURED !'V�ry�� 01,�wn` INSURERS: Allmerica Financial Benefit 41840 Professional Sports Field Maintenance Inc ,�L���7 23 Emerald Gin !,A� — r,�21L) 11�(((h�� W'� �22' INSURER C. American Fire and Casualty Company 24066 INSURER D: State Comp Ins Fund 35076 A-- ROtk-OB INSURER E: Laguna Niguel CA 92677 INSURER F: COVERAGES CERTIFICATE NUMBER: 17-18 All WC Renewal 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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 Cm TYPE OF INSURANCE ADULbUSR INSD WVD PODCYNUMBER POLICY EFF MMIDeIYYYY POLICY EXP MMIDD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY CI -AIMS -MADE ❑X OCCUR EACH OCCURRENCE $ 1,000,000 DAMA ET RE PREMISES Ea occurrence) $ 500,000 MED UP (Any one person) $ 15,000 PERSONAL B ADV INJURY S 1,000,000 A BK057465702 10/01/2017 10/01/2018 GEN'L X AGGREGATE LIM IT APPLIES PER: POLICY JET LOC GENERALAGGREGATE S 2,000.009 PRODUCTS - COMP/OPAGG $ 2,000,000 OTHER: Schedule Mod Factor 1 $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 X BODILY INJURY person) $ ANVAUTO B OWNED SCHEDULED AUTOS ONLY AUTOS AW3A377777 08/26/2017 08/26/2018 BODILY INJURY (Par accident) $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE acci Per dent $ Uninsured motorist $ 300,000 UMBRELLA LIAB X OCCUR """'"""" """" """' EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 C EXCESSLIAB CLAIMS -MADE ESA57465702 10/01/2017 10/01/2018 DIED RETENTION $ $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y OFFICER/MEM ER EXCLUDED' ANY ECUTIVE ❑ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS be. NIA 1620476-2018 02/26/2018 02/26/2019 PER OTH- X STATUTE ER EL EACH ACCIDENT g 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101, Additional Remarks Schedule, may be aaached if more space is required) The City of Santa Ana, it's officers, employees, agents, and representative are included as additional insured per the attached endorsement. 0� 5 SHOULD ANY OF THE ABOVE DE IBE" 1 8'BE CANCELLED BEFORE THE EXPIRATION DATE THER NOTICE E DELIVERED IN City of Santa Ana ACCORDANCE WITH THE POLICY PROVIS NS. 20 Civic Center Plaza AUTHORIZED REPRESENTATIVE Santa Ana CA 92701 ' 151988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CG 88 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT PAGE NON -OWNED AIRCRAFT 2 NON -OWNED WATERCRAFT 2 PROPERTY DAMAGE LIABILITY -ELEVATORS 2 EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGESAAND B 3 r'ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 3 ._PRIMARY AND NON-CONTRIBUTORY- ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" 6 WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES 6 NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT 7 LIBERALIZATION CLAUSE 7 BODILY INJURY REDEFINED 7 EXTENDED PROPERTY DAMAGE 8 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US -G8 WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOUR © 2013Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 8 With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON -OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided: 1. It is not owned by any insured; 2. It is hired, chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4. It is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision. B. NON -OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 52feet long; and N (b) Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY - ELEVATORS 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liabil- ity, Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV - Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the follow- ing: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to: (1) Premises rented to you for a period of 7 or fewer consecutive days; or (ii) Contents that you rent or lease as part of a premises rental or lease agreed tS'for a period of more than 7 days. 2 Paragraphs (1), (3) and (4) of this exclusion do not apply to "prodam /�p�ntents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in �(Si \�d imits of Insurance. QM © 20131-iberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 8 b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III - Limits Of Insurance. 2. Paragraph 6. under Section III - Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage Afor damages because of "property damage" to: a. Any one premise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection sys- tems; or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) - Paragraph 9.a. of Definitions is replaced with the following: 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract". E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I - Coverage C - Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS -COVERAGES AAND B 1. Under Supplementary Payments - Coverages A and B, Paragraph 1.b. is replaced by the following: b. Up to $3,000 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 replaced by 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 $500 a day because of time off from work. " G. ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT `\ 1. Paragraph 2. under Section II - Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" c0i* in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your, in ttce of your on going operations for the additional insured that are the subject of the writte c� rt9c�or written agreement provided that the "bodily injury" or "property damage" oc Cq� t�h �Lr- sonal and advertising injury" is committed, subsequent to the signing of su act or written agreement; or Q © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 8 b. Premises or facilities rented by you or used by you; or c. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1) This insurance does not apply to "bodily injury", "property damage", or "personal and ad- vertising injury" arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard". (3) Insurance applies to premises you own, rent, or control but only with respect to the following hazards: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar expo- sures; or o (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insur- ance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to Paragraph 1.a. above, a person's or organization's status as an additional insured under this endorsement ends when: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to Paragraph 1.b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 1.c. above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. „ The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury' or "property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV - Commercial General Liability Condi- tions. © 20131-iberty Mutual Insurance C�G CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 4 of 8 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I - Coverage A - Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury" or "property damage" arising from the sole negligence of the additional insured. b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. c. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occur- rence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. d. "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is- sued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declaratio ns. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as follows: a. The following is added to Paragraph a. Primary Insurance: p9° G� If an additional insured's policy has an Other Insurance provision making its; y e c you have agreed in a written contract or written agreement to provide the addit' faa' insured ,9e on a primary and noncontributory basis, this policy shall be primary and we will not seek c ��r}kfnrom the additional insured's policy for damages we cover. _ (j _ N\\1 © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 8 b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the addi- tional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. I. ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form r or endorsement under this policy. 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an 'occurrence" or an offense that may result in a claim or "suit' under o this insurance to us; e b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until „ we receive written notice of a "suit' by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section III - Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS / MALPRACTICE WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section II -Who Is An Insured is replaced with the following: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co -"employee" while in the course of his or her employ- ment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co -"employee" or "volunteer worker" as a consequence of Paragraph (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 health care services. However, if you are not in the business of providing professional health care services or providing profes- sional health care personnel to others, or if coverage for providing professional �lih care ser- vices is not otherwise excluded by separate endorsement, this provision (Para ()) does apply. :,2' 5 Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and advlI in inl evby an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as u in�qq lx_ the "employee's" job responsibilities assigned by you, includes the direct supervisio �athploy- ees" of yours. However, none of these "employees" are insureds for "bodily i ' rG sonal and © 20131-iberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 6 of 8 advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury", or caused in whole or in part by their intoxica- tion by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee". K. NEWLY FORMED ORADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Section II -Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV - Commercial General Liability Conditions, the following is added to Condition 6. Repre- sentations: Your failure to disclose all hazards or prior 'occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior 'occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV - Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an 'occurrence", offense, claim or "suit" by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section II - Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee". N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is " effective in your state. O. BODILY INJURY REDEFINED Under Section V - Definitions, Definition 3. is replaced by the following: 3. 'Bodily Injury" means physical injury, sickness or disease sustained by a persop lis include mental anguish, mental injury, shock, fright or death that results from such_,pical injury, ck- ness or disease. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 8 P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is 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. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV - Commercial General Liability Conditions, the following is added to Condition 8. Trans- fer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or 'your work" done under a contract with that person or organization and included in the 'products -completed operations hazard" provided: 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and 2. The injury or damage occurs subsequent to the execution of the written contract or written agree- ment. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 8 BUSINESS AUTO COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" re- fer to the Named Insured shown in the Declarations. The words "we", "us" and "our" refer to the Company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V — Definitions. SECTION I —COVERED AUTOS Item Two of the Declarations shows the "autos" that are covered "autos" for each of your coverages. The following numerical symbols describe the "autos" that may be covered "autos". The symbols entered next to a coverage on the Declarations designate the only "autos" that are covered "autos". A. Description Of Covered Auto Designation Symbols Symbol Description Of Covered Auto Designation Symbols 1 An "Auto" 2 Owned "Autos" Only those "autos" you own (and for Liability Coverage any "trailers" you don't own Only while attached to power units you own). This includes those "autos" you acquire ownership of after the policy begins. 3 Owned Private Only the private passenger "autos" you own. This includes those private passen- Passenger ger "autos" you acquire ownership of after the policy begins. "Autos" Only 4 Owned "Autos" Only those "autos" you own that are not of the private passenger type (and for Li - Other Than Pri- ability Coverage any "trailers" you don't own while attached to power units you vate Passenger own). This includes those "autos" not of the private passenger type you acquire "Autos" Only ownership of after the policy begins. 5 Owned "Autos" Only those "autos" you own that are required to have No -Fault benefits in the state Subject To No- where they are licensed or principally garaged. This includes those "autos" you Fault acquire ownership of after the policy begins provided they are required to have No - Fault benefits in the state where they are licensed or principally garaged. 6 Owned "Autos" Only those "autos" you own that because of the law in the state where they are Subject To A licensed or principally garaged are required to have and cannot reject Uninsured Compulsory Un- Motorists Coverage. This includes those "autos" you acquire ownership of after the insured Motor- policy begins provided they are subject to the same state uninsured motorists re- ists Law quirement. 7 Specifically De- Only those "autos" described in Item Three of the Declarations for which a pre- scribed "Autos" mium charge is shown (and for Liability Coverage any "trailers" you don't own while attached to any power unit described in Item Three). 8 Hired "Autos" Only those "autos" you lease, hire, rent or borrow. This does not include any "auto" Only you lease, hire, rent, or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households. 9 Nonowned Only those "autos" you do not own, lease, hire, rent or borrow that are used in con - "Autos" Only nection with your business. This includes "autos" owned by your "employees", partners (if you are a partnership), members (if you are a limited liability company), or members of their households but only while used in your business or your per- sonal affairs. , as N ��ya Page 1 of 12 Q CA 00 01 03 06 0 ISO Properties, Inc., 2005 19 Mobile Equip- Only those "autos" that are land vehicles and that would qualify under the definition ment Subject To of "mobile equipment" under this policy if they were not subject to a compulsory or Compulsory Or financial responsibility law or other motor vehicle insurance law where they are Financial Re- licensed or principally garaged. sponsibility Or Other Motor Ve- hicle Insurance Law Only B. Owned Autos You Acquire After The Policy Begins 1. If Symbols 1, 2, 3, 4, 6, 6 or 19 are entered next to a coverage in Item Two of the Declara- tions, then you have coverage for "autos" that you acquire of the type described for the re- mainder of the policy period. 2. But, if Symbol 7 is entered next to a coverage in Item Two of the Declarations, an "auto" you acquire will be a covered "auto" for that cover- age only if: a. We already cover all "autos" that you own for that coverage or it replaces an "auto" you previously owned that had that cover- age; and b. You tell us within 30 days after you acquire it that you want us to cover it for that cover- age. C. Certain Trailers, Mobile Equipment And Temporary Substitute Autos If Liability Coverage is provided by this Coverage Form, the following types of vehicles are also cov- ered "autos" for Liability Coverage: 1. "Trailers" with a load capacity of 2,000 pounds or less designed primarily for travel on public roads. 2. "Mobile equipment" while being carried or towed by a covered "auto". 3. Any "auto" you do not own while used with the permission of its owner as a temporary substi- tute for a covered "auto" you own that is out of service because of its: a. Breakdown; b. Repair; c. Servicing; d. "Loss'; or e. Destruction. SECTION II — LIABILITY COVERAGE A. Coverage We will pay all sums an "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, caused by an "accident" and resulting from the ownership, maintenance or use of a covered "auto". We will also pay all sums an "insured" legally must pay as a "covered pollution cost or expense" to which this insurance applies, caused by an "acci- dent" and resulting from the ownership, mainte- nance or use of covered "autos". However, we will only pay for the "covered pollution cost or ex- pense" if there is either "bodily injury" or "property damage" to which this insurance applies that is caused by the same "accident". We have the right and duty to defend any "in- sured" against a "suit" asking for such damages or a "covered pollution cost or expense". However, we have no duty to defend any "insured" against a "suit" seeking damages for "bodily injury" or "prop- erty damage" or a "covered pollution cost or ex- pense" to which this insurance does not apply. We may investigate and settle any claim or "suit" as we consider appropriate. Our duty to defend or settle ends when the Liability Coverage Limit of Insurance has been exhausted by payment of judgments or settlements. 1. Who Is An Insured The following are "insureds": a. You for any covered "auto". b. Anyone else while using with your permis- sion a covered "auto" you own, hire or bor- row except: (1) The owner or anyone else from whom you hire or borrow a covered "auto". This exception does not apply if the covered "auto" is a "trailer" connected to a covered "auto" you own. anti' CA 00 01 03 06 © ISO Properties, Inc., 2005 2 (2) Your "employee" if the covered "auto" is owned by that "employee" or a member of his or her household. (3) Someone using a covered "auto" while he or she is working in a business of selling, servicing, repairing, parking or storing "autos" unless that business is yours. (4) Anyone other than your "employees", partners (if you are a partnership), members (if you are a limited liability company), or a lessee or borrower or any of their "employees", while moving property to or from a covered "auto". (6) A partner (if you are a partnership), or a member (if you are a limited liability company) for a covered "auto" owned by him or her or a member of his or her household. c. Anyone liable for the conduct of an "in- sured" described above but only to the ex- tent of that liability. 2. Coverage Extensions a. Supplementary Payments We will pay for the "insured": (1) All expenses we incur. (2) Up to $2,000 for cost of bail bonds (in- cluding bonds for related traffic law vio- lations) required because of an "acci- dent" we cover. We do not have to fur- nish these bonds. (3) The cost of bonds to release attach- ments in any "suit" against the "insured" we defend, but only for bond amounts within our Limit of Insurance. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $250 a day be- cause of time off from work. (6) All costs taxed against the "insured" in any "suit" against the "insured" we de- fend. (6) All interest on the full amount of any judgment that accrues after entry of the judgment in any "suit" against the "in- sured" we defend, but our duty to pay in- terest ends when we have paid, offered to pay or deposited in court the part of the judgment that is within our Limit of Insurance. b. Out -Of -State Coverage Extensions While a covered "auto" is away from the state where it is licensed we will: (1) Increase the Limit of Insurance for Li- ability Coverage to meet the limits speci- fied by a compulsory or financial re- sponsibility law of the jurisdiction where the covered "auto" is being used. This extension does not apply to the limit or limits specified by any law governing motor carriers of passengers or prop- erty. (2) Provide the minimum amounts and types of other coverages, such as no- fault, required of out-of-state vehicles by the jurisdiction where the covered "auto" is being used. We will not pay anyone more than once for the same elements of loss because of these extensions. B. Exclusions This insurance does not apply to any of the follow- ing: 1. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the "in- sured". 2. Contractual Liability assumed under any contract or agree- ment. But this exclusion does not apply to liability for damages: a. Assumed in a contract or agreement that is an "insured contract' provided the "bodily injury" or "property damage" occurs subse- quent to the execution of the contract or agreement; or b. That the "insured" would have in the ab- sence of the contract or agreement. 3. Workers' Compensation Any obligation for which the "insured" or the "insured's" insurer may be held liable under any workers' compensation, disability benefits or unemployment compensation law or any similar law. 4. Employee Indemnification And Employer's Liability "Bodily injury" to: These payments will not reduce the Limit of a. An "employee" of the "insured", arising out Insurance. of and in the course of: y' ry� (1) Employment by the�Ji) u'red", or Q`ey\ Pag �f 12 �J ICJ CA 00 01 03 06 © ISO Properties, Inc., 2005 Q� (2) Performing the duties related to the con- duct of the "insured's" business; or b. The spouse, child, parent, brother or sister of that "employee" as a consequence of Paragraph a. above. This exclusion applies: (1) Whether the "insured" may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. But this exclusion does not apply to "bodily in- jury" to domestic "employees" not entitled to workers' compensation benefits or to liability assumed by the "insured" under an "insured contract'. For the purposes of the Coverage Form, a domestic "employee" is a person en- gaged in household or domestic work per- formed principally in connection with a resi- dence premises. 6. Fellow Employee "Bodily injury" to any fellow "employee" of the "insured" arising out of and in the course of the fellow "employee's" employment or while per- forming duties related to the conduct of your business. 6. Care, Custody Or Control "Property damage" to or "covered pollution cost or expense" involving property owned or trans- ported by the "insured" or in the "insured's" care, custody or control. But this exclusion does not apply to liability assumed under a sidetrack agreement. 7. Handling Of Property "Bodily injury" or "property damage" resulting from the handling of property: a. Before it is moved from the place where it is accepted by the "insured" for movement into or onto the covered "auto"; or b. After it is moved from the covered "auto" to the place where it is finally delivered by the "insured". 8. Movement Of Property By Mechanical Device "Bodily injury" or "property damage" resulting from the movement of property by a mechani- cal device (other than a hand truck) unless the device is attached to the covered "auto". 9. Operations "Bodily injury" or "property damage" arising out of the operation of: a. Any equipment listed in Paragraphs 6.b. and 6.c. of the definition of "mobile equip- ment": or b. Machinery or equipment that is on, attached to, or part of, a land vehicle that would qual- ify under the definition of "mobile equip- ment" if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. 10. Completed Operations "Bodily injury" or "property damage" arising out of your work after that work has been com- pleted or abandoned. In this exclusion, your work means: a. Work or operations performed by you or on your behalf; and b. Materials, parts or equipment furnished in connection with such work or operations. Your work includes warranties or representa- tions made at any time with respect to the fit- ness, quality, durability or performance of any of the items included in Paragraph a. or b. above. Your work will be deemed completed at the earliest of the following times: (1) When all of the work called for in your contract has been completed. (2) When all of the work to be done at the site has been completed if your contract calls for work at more than one site. (3) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, cor- rection, repair or replacement, but which is oth- erwise complete, will be treated as completed. 11. Pollution "Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or es- cape of "pollutants": a. That are, or that are contained in any prop- erty that is: (1) Being transported or towed by, ha died, or handled for movement inkalm fo or from, the covered "auto!'.$-1'J Page 4 0o V v CA 00 01 03 06 0 ISO Properties, Inc., 2005 (2) Otherwise in the course of transit by or on behalf of the "insured"; or (3) Being stored, disposed of, treated or processed in or upon the covered "auto"; b. Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are ac- cepted by the "insured" for movement into or onto the covered "auto'; or c. After the "pollutants" or any property in which the "pollutants" are contained are moved from the covered "auto" to the place where they are finally delivered, disposed of or abandoned by the "insured". Paragraph a. above does not apply to fuels, lu- bricants, fluids, exhaust gases or other similar "pollutants" that are needed for or result from the normal electrical, hydraulic or mechanical functioning of the covered "auto" or its parts, if: (1) The "pollutants" escape, seep, migrate, or are discharged, dispersed or re- leased directly from an "auto" part de- signed by its manufacturer to hold, store, receive or dispose of such "pol- lutants"; and (2) The "bodily injury", "property damage" or "covered pollution cost or expense" does not arise out of the operation of any equipment listed in Paragraphs 6.b. and 6.c. of the definition of "mobile equipment". Paragraphs b. and c. above of this exclusion do not apply to "accidents" that occur away from premises owned by or rented to an "in- sured" with respect to "pollutants" not in or upon a covered "auto" if: (1) The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto"; and (2) The discharge, dispersal, seepage, mi- gration, release or escape of the "pollut- ants" is caused directly by such upset, overturn or damage. 12. War "Bodily injury" or "property damage" arising di- rectly or indirectly out of: a. War, including undeclared or civil war; c. Insurrection, rebellion, revolution, usurped power, or action taken by governmental au- thority in hindering or defending against any of these. 13. Racing Covered "autos" while used in any professional or organized racing or demolition contest or stunting activity, or while practicing for such contest or activity. This insurance also does not apply while that covered "auto" is being prepared for such a contest or activity. C. Limit Of Insurance Regardless of the number of covered "autos", "in- sureds", premiums paid, claims made or vehicles involved in the "accident", the most we will pay for the total of all damages and "covered pollution cost or expense" combined, resulting from any one "accident" is the Limit of Insurance for Liability Coverage shown in the Declarations. All "bodily injury", "property damage" and "covered pollution cost or expense" resulting from continu- ous or repeated exposure to substantially the same conditions will be considered as resulting from one "accident". No one will be entitled to receive duplicate pay- ments for the same elements of "loss" under this Coverage Form and any Medical Payments Cov- erage Endorsement, Uninsured Motorists Cover- age Endorsement or Underinsured Motorists Cov- erage Endorsement attached to this Coverage Part. SECTION III — PHYSICAL DAMAGE COVERAGE A. Coverage 1. We will pay for "loss" to a covered "auto" or its equipment under: a. Comprehensive Coverage From any cause except: (1) The covered "auto's" collision with an- other object; or (2) The covered "auto's" overturn. b. Specified Causes Of Loss Coverage Caused by: (1) Fire, lightning or explosion; (2) Theft; (3) Windstorm, hail or earthquake; (4) Flood; (6) Mischief or vandalism; or b. Warlike action by a military force, including (6) The sinking, burning, collision or derail - action in hindering or defending against an ment of any conveyanc0ransporting actual or expected attack, by any govern- the covered agents, "auto".ment, sovereign or j military personnel el or other o using l�;yG Page 6 12 m CA 00 01 03 06 0 ISO Properties, Inc., 2005 ��G c. Collision Coverage Caused by: (1) The covered "auto's" collision with an- other object; or (2) The covered "auto's" overturn. 2. Towing We will pay up to the limit shown in the Decla- rations for towing and labor costs incurred each time a covered "auto" of the private pas- senger type is disabled. However, the labor must be performed at the place of disablement. 3. Glass Breakage — Hitting A Bird Or Animal — Failing Objects Or Missiles If you carry Comprehensive Coverage for the damaged covered "auto", we will pay for the following under Comprehensive Coverage: a. Glass breakage; b. "Loss" caused by hitting a bird or animal; and c. "Loss" caused by falling objects or missiles. However, you have the option of having glass breakage caused by a covered "auto's" colli- sion or overturn considered a "loss" under Col- lision Coverage. 4. Coverage Extensions a. Transportation Expenses We will pay up to $20 per day to a maxi- mum of $600 for temporary transportation expense incurred by you because of the to- tal theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss 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 expi- ration, when the covered "auto" is returned to use or we pay for its "loss". b. Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" be- comes legally responsible to pay for loss of use of a vehicle rented or hired without a driver, under a written rental contract or agreement. We will pay for loss of use ex- penses if caused by: (1) Other than collision only if the Declara- tions indicate that Comprehensive Cov- erage is provided for any covered "auto"; (2) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto"; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However, the most we will pay for any ex- penses for loss of use is $20 per day, to a maximum of $600. B. Exclusions 1. We will not pay for "loss" caused by or result- ing from any of the following. Such "loss" is ex- cluded regardless of any other cause or event that contributes concurrently or in any se- quence to the "loss". a. Nuclear Hazard (1) The explosion of any weapon employing atomic fission or fusion; or (2) Nuclear reaction or radiation, or radioac- tive contamination, however caused. b. War Or Military Action (1) War, including undeclared or civil war; (2) Warlike action by a military force, includ- ing action in hindering or defending against an actual or expected attack, by any government, sovereign or other au- thority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power or action taken by gov- ernmental authority in hindering or de- fending against any of these. 2. We will not pay for "loss" to any covered "auto" while used in any professional or organized racing or demolition contest or stunting activity, or while practicing for such contest or activity. We will also not pay for "loss" to any covered "auto" while that covered "auto" is being pre- pared for such a contest or activity. 3. We will not pay for "loss" caused by or result- ing from any of the following unless caused by other "loss" that is covered by this insurance: a. Wear and tear, freezing, mechanical or electrical breakdown. b. Blowouts, punctures or other road damage to tires. 4. We will not pay for "loss" to any of the follow- ing: a. Tapes, records, discs or other sir r audio, visual or data electronii designed for use with audio, visu y1ate electro ' equipment. � CA 00 01 03 06 0 ISO Properties, Inc., 2005 b. Any device designed or used to detect speed measuring equipment such as radar or laser detectors and any jamming appara- tus intended to elude or disrupt speed measurement equipment. c. Any electronic equipment, without regard to whether this equipment is permanently in- stalled, that receives or transmits audio, visual or data signals and that is not de- signed solely for the reproduction of sound. d. Any accessories used with the electronic equipment described in Paragraph c. above. Exclusions 4.c. and 4.d. do not apply to: a. Equipment designed solely for the repro- duction of sound and accessories used with such equipment, provided such equipment is permanently installed in the covered "auto" at the time of the "loss" or such equipment is removable from a housing unit which is permanently installed in the cov- ered "auto" at the time of the "loss", and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto"; or b. Any other electronic equipment that is: (1) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system; or (2) An integral part of the same unit housing any sound reproducing equipment de- scribed in Paragraph a. above and per- manently installed in the opening of the dash or console of the covered "auto" normally used by the manufacturer for installation of a radio. S. We will not pay for "loss" to a covered "auto" due to "diminution in value". C. Limit Of Insurance 1. The most we will pay for "loss" in any one "ac- cident" is the lesser of: a. The actual cash value of the damaged or stolen property as of the time of the "loss"; or b. The cost of repairing or replacing the dam- aged or stolen property with other property of like kind and quality. 2. An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss". 3. If a repair or replacement results in better than like kind or quality, we will not pay for the amount of the betterment. D. Deductible For each covered "auto", our obligation to pay for, repair, return or replace damaged or stolen prop- erty will be reduced by the applicable deductible shown in the Declarations. Any Comprehensive Coverage deductible shown in the Declarations does not apply to "loss" caused by fire or lightning. SECTION IV — BUSINESS AUTO CONDITIONS The following conditions apply in addition to the Common Policy Conditions: A. Loss Conditions 1. Appraisal For Physical Damage Loss If you and we disagree on the amount of "loss", either may demand an appraisal of the "loss". In this event, each party will select a competent appraiser. The two appraisers will select a competent and impartial umpire. The apprais- ers will state separately the actual cash value and amount of "loss". If they fail to agree, they will submit their differences to the umpire. A decision agreed to by any two will be binding. Each party will: a. Pay its chosen appraiser; and b. Bear the other expenses of the appraisal and umpire equally. If we submit to an appraisal, we will still retain our right to deny the claim. 2. Duties In The Event Of Accident, Claim, Suit Or Loss We have no duty to provide coverage under this policy unless there has been full compli- ance with the following duties: a. In the event of "accident", claim, "suit" or "loss", you must give us or our authorized representative prompt notice of the "acci- dent" or "loss". Include: (1) How, when and where the "accident" or "loss" occurred; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. b. Additionally, you and any other involved "insured" must: (1) Assume no obligation, make no pay- ment ncur no exp rise without our conxcept at "insured's" own r . Page 7 of 12 CO\`SC CA 00 01 03 06 © ISO Properties, Inc., (2) Immediately send us copies of any re- quest, demand, order, notice, summons or legal paper received conceming the claim or "suit". (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit". (4) Authorize us to obtain medical records or other pertinent information. (5) Submit to examination, at our expense, by physicians of our choice, as often as we reasonably require. c. If there is "loss" to a covered "auto" or its equipment you must also do the following: (1) Promptly notify the police if the covered "auto" or any of its equipment is stolen. c. Take all or any part of the damaged or sto- len property at an agreed or appraised value. If we pay for the "loss", our payment will in- clude the applicable sales tax for the damaged or stolen property. 5. Transfer Of Rights Of Recovery Against Others To Us If any person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another, those rights are transferred to us. That person or or- ganization must do everything necessary to secure our rights and must do nothing after "accident" or "loss" to impair them. B. General Conditions (2) Take all reasonable steps to protect the 1. Bankruptcy covered "auto" from further damage. Bankruptcy or insolvency of the "insured" or Also keep a record of your expenses for the "insured's" estate will not relieve us of any consideration in the settlement of the obligations under this Coverage Form. claim. 2. Concealment, Misrepresentation Or Fraud (3) Permit us to inspect the covered "auto" This Coverage Form is void in any case of and records proving the "loss" before its fraud by you at any time as it relates to this repair or disposition. Coverage Form. It is also void if you or any (4) Agree to examinations under oath at our other "insured", at any time, intentionally con - request and give us a signed statement ceal or misrepresent a material fact concern - of your answers. ing: 3. Legal Action Against Us No one may bring a legal action against us un- der this Coverage Form until: a. There has been full compliance with all the terms of this Coverage Form; and b. Under Liability Coverage, we agree in writ- ing that the "insured" has an obligation to pay or until the amount of that obligation has finally been determined by judgment af- ter trial. No one has the right under this pol- icy to bring us into an action to determine the "insured's" liability. 4. Loss Payment — Physical Damage Coverages At our option we may: a. Pay for, repair or replace damaged or sto- len property; b. Return the stolen property, at our expense. We will pay for any damage that results to the "auto" from the theft; or a. This Coverage Form; b. The covered "auto", c. Your interest in the covered "auto"; or d. A claim under this Coverage Form. 3. Liberalization If we revise this Coverage Form to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revi- sion is effective in your state. 4. No Benefit To Bailee — Physical Damage Coverages We will not recognize any assignment or grant any coverage for the benefit of any person or organization holding, storing or transporting property for a fee regardless of any other pro- vision of this Coverage Form. r �p3 Page 8 of 12 CA 00 01 03 06 0 ISO Properties, Inc., 2005 6. Other Insurance 7. Policy Period, Coverage Territory a. For any covered "auto" you own, this Cov- Under this Coverage Form, we cover "acci- erage Form provides primary insurance. dents" and "losses" occurring: For any covered "auto" you don't own, the a. During the policy period shown in the Dec - insurance provided by this Coverage Form larations; and is excess over any other collectible insur- ance. However, while a covered "auto" b. Within the coverage territory. which is a "trailer" is connected to another The coverage territory is: vehicle, the Liability Coverage this Cover- "trailer" a. The United States of America; age Form provides for the is: (1) Excess while it is connected to a motor b. The territories and possessions of the vehicle you do not own. United States of America; (2) Primary while it is connected to a cov- c. Puerto Rico; ered "auto" you own. d. Canada; and b. For Hired Auto Physical Damage Coverage, e. Anywhere in the world if: any covered "auto" you lease, hire, rent or (1) A covered "auto" of the private passen- borrow is deemed to be a covered "auto" ger type is leased, hired, rented or bor- you own. However, any "auto" that is rowed without a driver for a period of 30 leased, hired, rented or borrowed with a days or less; and driver is not a covered "auto". (2) The "insured's" responsibility to pay c. Regardless of the provisions of Paragraph damages is determined in a "suit" on the a. above, this Coverage Form's Liability merits, in the United States of America, Coverage is primary for any liability as- the territories and possessions of the sumed under an "insured contract". United States of America, Puerto Rico, d. When this Coverage Form and any other or Canada or in a settlement we agree Coverage Form or policy covers on the to. same basis, either excess or primary, we We also cover "loss" to, or "accidents" involy- will pay only our share. Our share is the ing, a covered "auto" while being transported proportion that the Limit of Insurance of our between any of these places. Coverage Form bears to the total of the lim- its of all the Coverage Forms and policies g, Two Or More Coverage Forms Or Policies covering on the same basis. Issued By Us 6. Premium Audit If this Coverage Form and any other Coverage Form or policy issued to you by us or any com- a. The estimated premium for this Coverage pany affiliated with us apply to the same "acci- Form is based on the exposures you told us dent", the aggregate maximum Limit of Insur- you would have when this policy began. We ance under all the Coverage Forms or policies will compute the final premium due when shall not exceed the highest applicable Limit of we determine your actual exposures. The Insurance under any one Coverage Form or estimated total premium will be credited policy. This condition does not apply to any against the final premium due and the first Coverage Form or policy issued by us or an af- Named Insured will be billed for the bal- filiated company specifically to apply as excess ance, if any. The due date for the final pre- insurance over this Coverage Form. mium or retrospective premium is the date SECTION V— DEFINITIONS shown as the due date on the bill. If the es- timated total premium exceeds the final A. "Accident" includes continuous or repeated expo - premium due, the first Named Insured will sure to the same conditions resulting in "bodily in - get a refund. jury" or "property damage". b. If this policy is issued for more than one B. "Auto" means: year, the premium for this Coverage Form 1. A land motor vehicle, "trailer" or semitrailer de - will be computed annually based on our signed for travel on public roads; or rates or premiums in effect at the beginning of each year of the policy. r, v� Page 9 of 12 Q� CA 00 01 03 06 0 ISO Properties, Inc., 2005 2. Any other land vehicle that is subject to a com- pulsory or financial responsibility law or other motor vehicle insurance law where it is li- censed or principally garaged. However, "auto" does not include "mobile equip- ment". C. "Bodily injury" means bodily injury, sickness or disease sustained by a person including death re- sulting from any of these. D. "Covered pollution cost or expense" means any cost or expense arising out of: 1. Any request, demand, order or statutory or regulatory requirement that any "insured" or others test for, monitor, clean up, remove, con- tain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollut- ants"; or 2. Any claim or "suit" by or on behalf of a gov- ernmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to or assessing the effects of "pollutants". "Covered pollution cost or expense" does not in- clude any cost or expense arising out of the ac- tual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollut- ants": a. That are, or that are contained in any prop- erty that is: (1) Being transported or towed by, handled, or handled for movement into, onto or from the covered "auto", (2) Otherwise in the course of transit by or on behalf of the "insured"; (3) Being stored, disposed of, treated or processed in or upon the covered "auto"; b. Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are ac- cepted by the "insured" for movement into or onto the covered "auto" or c. After the "pollutants" or any property in which the "pollutants" are contained are moved from the covered "auto" to the place where they are finally delivered, disposed of or abandoned by the "insured". Paragraph a. above does not apply to fuels, lu- bricants, fluids, exhaust gases or other similar "pollutants" that are needed for or result from the normal electrical, hydraulic or mechanical functioning of the covered "auto" or its parts, if: (1) The "pollutants" escape, seep, migrate, or are discharged, dispersed or re- leased directly from an "auto" part de- signed by its manufacturer to hold, store, receive or dispose of such "pol- lutants"; and (2) The "bodily injury", "property damage" or "covered pollution cost or expense" does not arise out of the operation of any equipment listed in Paragraph 6.b. or 6.c. of the definition of "mobile equip- ment". Paragraphs b. and c. above do not apply to "accidents" that occur away from premises owned by or rented to an "insured" with respect to "pollutants" not in or upon a covered "auto" if: (1) The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto" and (2) The discharge, dispersal, seepage, mi- gration, release or escape of the "pollut- ants" is caused directly by such upset, overturn or damage. E. "Diminution in value" means the actual or per- ceived loss in market value or resale value which results from a direct and accidental "loss". F. "Employee" includes a "leased worker'. "Em- ployee" does not include a "temporary worker'. G. "Insured" means any person or organization quali- fying as an insured in the Who Is An Insured pro- vision of the applicable coverage. Except with re- spect to the Limit of Insurance, the coverage af- forded applies separately to each insured who is seeking coverage or against whom a claim or "suit' is brought. H. "Insured contract" means: 1. A lease of premises; 2. A sidetrack agreement; 3. Any easement or license agreement, except in connection with construction or demolition op- erations on or within 50 feet of a railroad; CA 00 01 03 06 0 ISO Properties, Inc., 2005 Page 10 of 12 �,yGf !e' CA 00 01 03 06 0 ISO Properties, Inc., 2005 ��G 4. An obligation, as required by ordinance, to in- demnify a municipality, except in connection with work fora municipality; 5. [-A That part of any other contract or agreement pertaining to your business (including an in- demnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another to pay for "bodily injury" or "property damage" to a third party or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement; That part of any contract or agreement entered into, as part of your business, pertaining to the rental or lease, by you or any of your "employ- ees", of any "auto". However, such contract or agreement shall not be considered an "insured contract" to the extent that it obligates you or any of your "employees" to pay for "property damage" to any "auto" rented or leased by you or any of your "employees". An "insured contract" does not include that part of any contract or agreement: a. That indemnifies a railroad for "bodily in- jury" or "property damage" arising out of construction or demolition operations, within 50 feet of any railroad property and affect- ing any railroad bridge or trestle, tracks, roadbeds, tunnel, underpass or crossing; or b. That pertains to the loan, lease or rental of an "auto" to you or any of your "employ- ees", if the "auto" is loaned, leased or rented with a driver; or c. That holds a person or organization en- gaged in the business of transporting prop- erty by "auto" for hire harmless for your use of a covered "auto" over a route or territory that person or organization is authorized to serve by public authority. 1. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker". J. "Loss" means direct and accidental loss or dam- age. K. "Mobile equipment" means any of the following types of land vehicles, including any attached ma- chinery or equipment: L. 1. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; 2. Vehicles maintained for use solely on or next to M. premises you own or rent; 3. Vehicles that travel on crawler treads; 4. Vehicles, whether self-propelled or not, main- tained primarily to provide mobility to perma- nently mounted: a. Power cranes, shovels, loaders, diggers or drills; or b. Road construction or resurfacing equipment such as graders, scrapers or rollers. 5. Vehicles not described in Paragraph 1., 2., 3., or 4. above that are not self-propelled and are maintained primarily to provide mobility to per- manently attached equipment of the following types: a. Air compressors, pumps and generators, including spraying, welding, building clean- ing, geophysical exploration, lighting and well servicing equipment; or b. Cherry pickers and similar devices used to raise or lower workers. 6. Vehicles not described in Paragraph 1., 2., 3. or 4. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": a. Equipment designed primarily for: (1) Snow removal; (2) Road maintenance, but not construction or resurfacing; or (3) Street cleaning; b. Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and c. Air compressors, pumps and generators, including spraying, welding, building clean- ing, geophysical exploration, lighting or well servicing equipment. However, "mobile equipment" does not include land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered "autos". "Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. "Property damage" mean�, damage to or loss of use of tangible proper �ZSa 2 ?� CA 00 01 03 06 © ISO Properties, Inc., 2005 V �- •��'b 11 �? (. age Q of 12 N. "Suit" means a civil proceeding in which: 1. Damages because of "bodily injury" or "prop- erty damage" or 2. A "covered pollution cost or expense", to which this insurance applies, are alleged. "Suit" includes: a. An arbitration proceeding in which such damages or "covered pollution costs or ex- penses" are claimed and to which the "in- sured" must submit or does submit with our consent; or b. Any other alternative dispute resolution pro- ceeding in which such damages or "cov- ered pollution costs or expenses" are claimed and to which the insured submits with our consent. O. "Temporary worker' means a person who is fur- nished to you to substitute for a permanent "em- ployee" on leave or to meet seasonal or short-term workload conditions. P. "Trailer" includes semitrailer. Q�Page 12 of 12 CA 00 01 03 06 © ISO Properties, Inc., 2005 ACORD CERTIFICATE OF LIABILITY INSURANCE DAM(MMIDD/YYYY) `� 09/2612018 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 poiicy(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 endorsemente). PRODUCER CONTACT KlmberN Kelley NAME: Y y Insurance Solutions PNONE TUC No Exl : (949) 348J400 (qIC, No): (949) 348-2373 License g0746539 ADDRESS: 10mK@ins-solutianS.com 33302 Valle Rd, Suits 200 San Juan Capistrano CA 92675 INSURER(I) AFFORDING COVERAGE met INSURERA: The Ohio Casualty Insurance Company 24074 INSURED _�Q-009r INSURERS: Alimerica Financial Benefit 41840 Professional Sports Field Maintenance Inc ^ —oZd J INSURERC : American Fire and Casualty Company 24066 wsuaER G : State Comp Ing Fund 35076 23 Emerald Gin INSURERE: Laguna Niguel CA 92677 INSURERF: COVERAGES CERTIFICATE NUMRFR: iuAw All THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDINGANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALLTHE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE NSO imm POLICYNUMBER MMA) EF MMODIYYYY LIMITS COMMERDUIL GENERAL LVIBILT' EACH OCCURRENCE S 1,000,000 CLAIMS -MADE ®OCCUR DAMAGE uKtNitD PREMISES Eapmnence S 100,000 MEDEXP(Anyone on) S 16,000 PERSONALaADVINIURY S 1,000,000 A SKO57465702 10/01/2018 10/01/2019 GEN'LAGGREGATE UMITAPPUES PER: X POLICY ❑ GENERA -AGGREGATE S 2,000,000 JEC07 LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: S AUTOMOBILE LABILITY COMBINED INGLBLIMI EaaccMent S 11000.000 ANVAUTO BODILY INJURY (Per person) s B OWNED SCHEDULED AUTOS ONLY AUTOS AW3A377777 O8/26/2018 08/26/2019 Boo1Ly INJURY (Per ecamn0 S HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Per=eI9 S Uninsured motorist s 300,000 UMBRELLA UAS OCCUR .....................y.......... EACH OCCURRENCE $ 2000000 AGGREGATE g 2,000,000 C EXCESS UAB CLAIMS -MADE ESA57465702 10/01/12018 10/01/2019 DEO RETENTION $ S WORKERS COMPENSATION PER OTH- W ANDEMPLOYERS' LWBTY YIN STATU TE ER EL EACH ACCIDENT g 1,000,000 D ANY OFFICER/MEMBER EXC UDED?ECUTNE ❑NIA 1620478-2018 02/28/2018 02/28/2019 E.L. DISEASE - EAEMPLOYEE S 1,OD0,000 (MendMnry in NH) Ityes, desalt under E.L DISEASE -POLICY UMIT IS 1,000,000 DESCRIPTION OF OPERATIONSWoe, DESORPTION OF OPERATIONS I LOCATIONS I VEHICLES PLCORD 101, Addebral Remarks SCkedWe, my Ea aN thed X more space le Ne,ulm n ' V The City of Santa Ana, It's officers, employees, agents, and representative are included as additional insured per the attached . enddr98me 5 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. 20 Civic Center Plaza Santa Ana CA 92701 I� CORPORATION. All rights reserved, rwnu eo (eu lolus) The AOORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CG 88 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT PAGE NON -OWNED AIRCRAFT 2 NON -OWNED WATERCRAFT 2 PROPERTY DAMAGE LIABILITY - ELEVATORS 2 EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGESAAND B 3 ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 3 PRIMARY AND NON-CONTRIBUTORY- ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" 6 WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORSIMALPRACTICE AND WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES 6 NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT 7 LIBERALIZATION CLAUSE 7 BODILY INJURY REDEFINED 7 EXTENDED PROPERTY DAMAGE 8 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WSJw1 8 WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU �pJ�11 \\'A P`P� ��GS P © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 8 With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON -OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided: 1. It is not owned by any insured; 2. It is hired, chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4. It is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the insured other 12 valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision. B. NON -OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 5.2 feet long; and (b) Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY - ELEVATORS 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liabil- ity, Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV - Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the follow- ing: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property age" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic 664 oter'ion s m) to: (1) Premises rented to you for a period of 7 or fewer con; 4i3O�da (ii) Contents that you rent or lease as part of a premises f taI I'�']s r rent for a period of more than 7 days. ('LLJ Gee��• Paragraphs (1), (3) and (4) of this exclusion do not apply t U rty\ mage" to contents of premises rented to you for a period of 7 or fewer consecuti , r5 A separate limit of insurance applies to this coveraage as dVscribed in Section III - Limits of Insurance. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance services Office, Inc.,with its permission. Page 2 of 8 U b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through In. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III - Limits Of Insurance. 2. Paragraph 6. under Section III - Limits Of Insurance is replaced by the following: 6. 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: a. Any one premise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection sys- tems; or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) - Paragraph 9.a. of Definitions is replaced with the following: 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract". E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I - Coverage C - Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B 1. Under Supplementary Payments - Coverages A and B. Paragraph 1.b. is replaced by the following: b. Up to $3,000 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 replaced by 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 $500 a day because of time off from work. G. ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under Section II - Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a wr.t N contract, written agreement or permit. Such person or organization is an additional insure }only. (ith r act to liability for "bodily injury", "property damage" or "personal and ad v risl?t !� in whole or in part by: ✓ ` .A9 a. Your acts or omissions, or the acts or omissions of those acting on your V}iormance of your on going operations for the additional insured that are the su dk4contract or written agreement provided that the "bodily injury" or "grope da �r the "per- sonal and advertising injury" is committed, subsequent to th signing ch written contract or written agreement; or © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 8 b. Premises or facilities rented by you or used by you; or c. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1) This insurance does not apply to "bodily injury", "property damage", or "personal and ad- vertising injury" arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard". (3) Insurance applies to premises you own, rent, or control but only with respect to the following o hazards: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar expo- sures; or o (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insur- ance afforded to such additional insured will not be broader than that which you are required by N the contract or agreement to provide for such additional insured. With respect to Paragraph 1.a. above, a person's or organization's status as an additional insured under this endorsement ends when: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to Paragraph 1.b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 1.c. above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. „ The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury' or "property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV - Commercial Gel e ral Liability Condi- tions. ea�1�" e, . Ns \rd A. �5 3\�\a�p�"\r. G � Q� © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 4 of 8 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I - Coverage A - Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury" or "property damage" arising from the sole negligence of the additional insured. b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. c. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occur- rence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. d. "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is- sued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declaratio ns. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as follows: a. The following is added to Paragraph a. Primary Insurance: \e�i f� 1 If an additional insured's policy has an Other Insurance provision mg its polic r and you have agreed in a written contract or written agreement to provide the additional i �ov ge on a primary and noncontributory basis, this policy shall be primary and we will s� ^;Rrtu�ion from the additional insured's policy for damages we cover. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 8 b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the addi- tional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. I. ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: e a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. -We haveno-duty-to-defend -or indemnify an -additional insured under this endorsement until we receive written notice of a "suit" by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section III - Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS/ MALPRACTICE WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section II -Who Is An Insured is replaced with the following: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co -"employee" while in the course of his or her employ- ment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co -"employee" or "volunteer worker" as a consequence of Paragraph (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 health cartaices. Howev r, if you are not in the business of providing professional health care serv�$!P'or providing es- sional health care personnel to others, or if coverage for providin FVsslo al eal care ser- vices is not otherwise excluded by separate endorsement, this prov Ion (Pad tPdoes not apply- A ) rvye , v'Cn- Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and caused by an "employee" who is acting in a supervisory capacity for you. Supervise apa )bf ed herein means the "employee's" job responsibilities assigned by you, includes the direct supe n of other "employ- ees" of yours. However, none of these "employees" are insureds for "bodily injury" or "personal and © 20131-iberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 8 advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury", or caused in whole or in part by their intoxica- tion by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Section II -Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to 'bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR Under Section IV -Commercial General Liability Conditions, the following is added to Condition 6. Repre- sentations: Your failure to disclose all hazards or prior 'occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior 'occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV - Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an 'occurrence", offense, claim or "suit" by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section II - Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee". N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state. O. BODILY INJURY REDEFINED Under Section V - Definitions, Definition 3. is replaced by the following: a,G�• 3. 'Bodily Injury" means physical injury, sickness or disease sustained byy�p,@i rson. This ' udes mental anguish, mental injury, shock, fright or death that results frrrrblach al ' ury, sick- ness or disease. eda Q�G © 20131-iberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 7 of 8 P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is 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. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACTOR AGREEMENT WITH YOU Under Section IV - Commercial General Liability Conditions, the following is added to Condition 8. Trans- fer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard" provided: 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and 2. The injury or damage occurs subsequent to the execution of the written contract or written agree- ment. 0 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 8 of 8 BUSINESS AUTO COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" re- fer to the Named Insured shown in the Declarations. The words "we", "us" and "our" refer to the Company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V — Definitions. SECTION I —COVERED AUTOS Item Two of the Declarations shows the "autos" that are covered "autos" for each of your coverages. The following numerical symbols describe the "autos" that may be covered "autos". The symbols entered next to a coverage on the Declarations designate the only "autos" that are covered "autos". A. Description Of Covered Auto Designation Symbols Symbol Description Of Covered Auto Designation Symbols 1 An "Auto" 2 Owned "Autos" Only those "autos" you own (and for Liability Coverage any "trailers" you don't own Only while attached to power units you own). This includes those "autos" you acquire ownership of after the policy begins. 3 Owned Private Only the private passenger "autos" you own. This includes those private passen- Passenger ger "autos" you acquire ownership of after the policy begins. "Autos" Only 4 Owned "Autos" Only those "autos" you own that are not of the private passenger type (and for Li - Other Than Pri- ability Coverage any "trailers" you don't own while attached to power units you vate Passenger own). -This includes those "autos' not of the private passenger type you acquire "Autos" Only ownership of after the policy begins. 6 Owned "Autos" Only those "autos" you own that are required to have No -Fault benefits in the state Subject To No- where they are licensed or principally garaged. This includes those "autos" you Fault acquire ownership of after the policy begins provided they are required to have No - Fault benefits in the state where they are licensed or principally garaged. 6 Owned "Autos" Only those "autos" you own that because of the law in the state where they are Subject To A licensed or principally garaged are required to have and cannot reject Uninsured Compulsory Un- Motorists Coverage. This includes those "autos" you acquire ownership of after the insured Motor- policy begins provided they are subject to the same state uninsured motorists re- ists Law quirement. 7 Specifically De- Only those "autos" described in Item Three of the Declarations for which a pre- scribed "Autos" mium charge is shown (and for Liability Coverage any "trailers" you don't own while attached to any power unit described in Item Three). 8 Hired "Autos" Only those "autos" you lease, hire, rent or borrow. This does not include any "auto" Only you lease, hire, rent, or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households. 9 Nonowned Only those "autos" you do not own, lease, hire, rent or borrow that are used in con - "Autos" Only nection with your business. This includes "autos" owned by your "employees", partners (if you are a partnership), members (if you are a limited liability company), or members of their households but only while used in your business or your per- sonal affairs. 3��GJp��et\ G QF' Page 1 of 12 CA 00 01 03 06 0 ISO Properties, Inc., 2005 19 Mobile Equip- ment Subject To Compulsory Or Financial Re- sponsibility Or Other Motor Ve- hicle Insurance Only those "autos" that are land vehicles and that would qualify under the definition of "mobile equipment" under this policy if they were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where they are licensed or principally garaged. B. Owned Autos You Acquire After The Policy Begins 1. If Symbols 1, 2, 3, 4, 6, 6 or 19 are entered next to a coverage in Item Two of the Declara- tions, then you have coverage for "autos" that you acquire of the type described for the re- mainder of the policy period. 2. But, if Symbol 7 is entered next to a coverage in Item Two of the Declarations, an "auto" you acquire will be a covered "auto" for that cover- age only if: a. We already cover all "autos" that you own for that coverage or it replaces an "auto" you previously owned that had that cover- age; -and b. You tell us within 30 days after you acquire it that you want us to cover it for that cover- age. C. Certain Trailers, Mobile Equipment And Temporary Substitute Autos If Liability Coverage is provided by this Coverage Form, the following types of vehicles are also cov- ered "autos" for Liability Coverage: 1. "Trailers" with a load capacity of 2,000 pounds or less designed primarily for travel on public roads. 2. "Mobile equipment" while being carried or towed by a covered "auto". 3. Any "auto" you do not own while used with the permission of its owner as a temporary substi- tute for a covered "auto" you own that is out of service because of its: a. Breakdown; b. Repair; c. Servicing; d. "Loss"; or e. Destruction. SECTION 11- LIABILITY COVERAGE A. Coverage We will pay all sums an "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, caused by an "accident" and resulting from the ownership, maintenance or use of a covered "auto". We will also pay all sums an "insured" legally must pay as a "covered pollution cost or expense" to which this insurance applies, caused by an "acci- dent" and resulting from the ownership, mainte- nance or use of covered "autos". However, we will only pay for the "covered pollution cost or ex- pense" if there is either "bodily injury" or "property damage" to-which--this-insurance applies -that -is caused by the same "accident". We have the right and duty to defend any "in- sured" against a "suit" asking for such damages or a "covered pollution cost or expense". However, we have no duty to defend any "insured" against a "suit" seeking damages for "bodily injury" or "prop- erty damage" or a "covered pollution cost or ex- pense" to which this insurance does not apply. We may investigate and settle any claim or "suit" as we consider appropriate. Our duty to defend or settle ends when the Liability Coverage Limit of Insurance has been exhausted by payment of judgments or settlements. 1. Who Is An Insured The following are "insureds": a. You for any covered "auto". b. Anyone else while using with your permis- sion a covered "auto" you own, hire or bor- row except: (1) The owner or anyone else from whom you hire or borrow a covered "auto". This exception does not apply if the covered "auto" is a "trailer" connected to a covered "auto" you own. CA 00 01 03 06 0 ISO Properties, Inc., 2005 (2) Your "employee" if the covered "auto" is owned by that "employee" or a member of his or her household. (3) Someone using a covered "auto" while he or she is working in a business of selling, servicing, repairing, parking or storing "autos" unless that business is yours. (4) Anyone other than your "employees", partners (if you are a partnership), members (if you are a limited liability company), or a lessee or borrower or any of their "employees", while moving property to or from a covered "auto". (6) A partner (if you are a partnership), or a member (if you are a limited liability company) for a covered "auto" owned by him or her or a member of his or her household. c. Anyone liable for the conduct of an "in- sured" described above but only to the ex- tent of that liability. 2. Coverage Extensions a. Supplementary Payments We will pay for the "insured": (1) All expenses we incur. (2) Up to $2,000 for cost of bail bonds (in- cluding bonds for related traffic law vio- lations) required because of an "acci- dent" we cover. We do not have to fur- nish these bonds. (3) The cost of bonds to release attach- ments in any "suit' against the "insured" we defend, but only for bond amounts within our Limit of Insurance. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $250 a day be- cause of time off from work. (5) All costs taxed against the "insured" in any "suit" against the "insured" we de- fend. (6) All interest on the full amount of any judgment that accrues after entry of the judgment in any "suit" against the "in- sured" we defend, but our duty to pay in- terest ends when we have paid, offered to pay or deposited in court the part of the judgment that is within our Limit of Insurance. b. Out -Of -State Coverage Extensions While a covered "auto" is away from the state where it is licensed we will: (1) Increase the Limit of Insurance for Li- ability Coverage to meet the limits speci- fied by a compulsory or financial re- sponsibility law of the jurisdiction where the covered "auto" is being used. This extension does not apply to the limit or limits specified by any law governing motor carriers of passengers or prop- erty. (2) Provide the minimum amounts and types of other coverages, such as no- fault, required of out-of-state vehicles by the jurisdiction where the covered "auto" is being used. We will not pay anyone more than once for the same elements of loss because of these extensions. B. Exclusions This insurance does not apply to any of the follow- ing: 1. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the "in- sured". 2. Contractual Liability assumed under any contract or agree- ment. But this exclusion does not apply to liability for damages: a. Assumed in a contract or agreement that is an "insured contract" provided the "bodily injury" or "property damage" occurs subse- quent to the execution of the contract or agreement; or b. That the "insured" would have in the ab- sence of the contract or agreement. 3. Workers' Compensation Any obligation for which the "insured" or the "insured's" insurer may be held liable under any workers' compensation, disability benefits or unemployment compensation law or any similar law. 4. Employee Indemnification And Employer's Liability "Bodily injury" to: These payments will not reduce the Limit of a. An "employee" of the "insured" arising out Insurance. of and in the course oN, ° (1) Employmer�t ha i cued"; �e4\age 3 of 12 CA 00 01 03 06 © ISO Properties, Inc., 2005 ��CJ (2) Performing the duties related to the con- duct of the "insured's" business; or b. The spouse, child, parent, brother or sister of that "employee" as a consequence of Paragraph a. above. This exclusion applies: (1) Whether the "insured" may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. But this exclusion does not apply to "bodily in- jury" to domestic "employees" not entitled to workers' compensation benefits or to liability assumed by the "insured" under an "insured contract". For the purposes of the Coverage Form, a domestic "employee" is a person en- gaged in household or domestic work per- formed principally in connection with a resi- dence premises. 6. Fellow Employee "Bodily injury" to any fellow "employee" of the "insured" arising out of and in the course of the fellow "employee's" employment or while per- forming forming duties related to the conduct of your business. 6. Care, Custody Or Control "Property damage" to or "covered pollution cost or expense" involving property owned or trans- ported by the "insured" or in the "insured's" care, custody or control. But this exclusion does not apply to liability assumed under a sidetrack agreement. 7. Handling Of Property "Bodily injury" or "property damage" resulting from the handling of property: a. Before it is moved from the place where it is accepted by the "insured" for movement into or onto the covered "auto"; or b. After it is moved from the covered "auto" to the place where it is finally delivered by the "insured". 8. Movement Of Property By Mechanical Device "Bodily injury" or "property damage" resulting from the movement of property by a mechani- cal device (other than a hand truck) unless the device is attached to the covered "auto". 9. Operations "Bodily injury" or "property damage" arising out of the operation of: a. Any equipment listed in Paragraphs 6.b. and 6.c. of the definition of "mobile equip- ment'; or b. Machinery or equipment that is on, attached to, or part of, a land vehicle that would qual- ify under the definition of "mobile equip- ment" if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. 10. Completed Operations "Bodily injury" or "property damage" arising out of your work after that work has been com- pleted or abandoned. In this exclusion, your work means: a. Work or operations performed by you or on your behalf; and b. Materials, parts or equipment furnished in connection with such work or operations. Your work includes warranties or representa- tions made at any time with respect to the fit- ness, quality, durability or performance of any of the items included in Paragraph a. or b. above. Your work will be deemed completed at the earliest of the following times: (1) When all of the work called for in your contract has been completed. (2) When all of the work to be done at the site has been completed if your contract calls for work at more than one site. (3) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, cor- rection, repair or replacement, but which is oth- erwise complete, will be treated as completed. 11. Pollution "Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or es- cape of "pollutants": a. That are, or that are contained in any prop- erty that is: (1) Being transport nr towed by, handled, or handledd�,,tj r��hhi)ovement ip>, onto or from, tho.A'ered "auto";/ Page 4 of 12 CA 00 01 03 06 © ISO Properties, Inc., Q�G (2) Otherwise in the course of transit by or on behalf of the "insured"; or (3) Being stored, disposed of, treated or processed in or upon the covered "auto'; b. Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are ac- cepted by the "insured" for movement into or onto the covered "auto": or c. After the "pollutants" or any property in which the "pollutants" are contained are moved from the covered "auto" to the place where they are finally delivered, disposed of or abandoned by the "insured". Paragraph a. above does not apply to fuels, lu- bricants, fluids, exhaust gases or other similar "pollutants" that are needed for or result from the normal electrical, hydraulic or mechanical functioning of the covered "auto" or its parts, if: (1) The "pollutants" escape, seep, migrate, or are discharged, dispersed or re- leased directly from an "auto" part de- signed by its manufacturer to hold, store, receive or dispose of such "pol- lutants"; and (2) The "bodily injury", "property damage" or "covered pollution cost or expense" does not arise out of the operation of any equipment listed in Paragraphs 6.b. and 6.c. of the definition of "mobile equipment". Paragraphs b. and c. above of this exclusion do not apply to "accidents" that occur away from premises owned by or rented to an "in- sured" with respect to "pollutants" not in or upon a covered "auto" if: (1) The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto": and (2) The discharge, dispersal, seepage, mi- gration, release or escape of the "pollut- ants" is caused directly by such upset, overturn or damage. 12. War "Bodily injury" or "property damage" arising di- rectly or indirectly out of: a. War, including undeclared or civil war; b. Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any govern- ment, sovereign or other authority using military personnel or other agents; or c. Insurrection, rebellion, revolution, usurped power, or action taken by governmental au- thority in hindering or defending against any of these. 13. Racing Covered "autos" while used in any professional or organized racing or demolition contest or stunting activity, or while practicing for such contest or activity. This insurance also does not apply while that covered "auto" is being prepared for such a contest or activity. C. Limit Of Insurance Regardless of the number of covered "autos", "in- sureds", premiums paid, claims made or vehicles involved in the "accident", the most we will pay for the total of all damages and "covered pollution cost or expense" combined, resulting from any one "accident" is the Limit of Insurance for Liability Coverage shown in the Declarations. All "bodily injury", "property damage" and "covered pollution cost or expense" resulting from continu- ous or repeated exposure to substantially the same conditions will be considered as resulting from one "accident". No one will be entitled to receive duplicate pay- ments for the same elements of "loss" under this Coverage Form and any Medical Payments Cov- erage Endorsement, Uninsured Motorists Cover- age Endorsement or Underinsured Motorists Cov- erage Endorsement attached to this Coverage Part. SECTION III — PHYSICAL DAMAGE COVERAGE A. Coverage 1. We will pay for "loss" to a covered "auto" or its equipment under: a. Comprehensive Coverage From any cause except: (1) The covered "auto's" collision with an- other object; or (2) The covered "auto's" overturn. b. Specified Causes Of Loss Coverage CA 00 01 03 06 0 ISO Properties, Inc., Caused by: (1) Fire, lightning or explosion; (2) Theft; (3) Windstorm, hail or earthquake; (4) Flood; (5) Mischief or vandalism; or (6) The sinking, b ning, collision or derail- ment of nveyance ansporting the cod auto". 0000 00, Page 5 of 12 5V�c�``� P c. Collision Coverage Caused by: (1) The covered "auto's" collision with an- other object; or (2) The covered "auto's" overturn. 2. Towing We will pay up to the limit shown in the Decla- rations for towing and labor costs incurred each time a covered "auto" of the private pas- senger type is disabled. However, the labor must be performed at the place of disablement. 3. Glass Breakage — Hitting A Bird Or Animal — Falling Objects Or Missiles If you carry Comprehensive Coverage for the damaged covered "auto", we will pay for the following under Comprehensive Coverage: a. Glass breakage; b. "Loss" caused by hitting a bird or animal; and c. "Loss" caused by falling objects or missiles. However, you have the option of having glass breakage caused by a covered "auto's" colli- sion or overturn considered a "loss" under Col- lision -Coverage. - 4. Coverage Extensions a. Transportation Expenses We will pay up to $20 per day to a maxi- mum of $600 for temporary transportation expense incurred by you because of the to- tal theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss 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 expi- ration, when the covered "auto" is returned to use or we pay for its "loss". b. Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" be- comes legally responsible to pay for loss of use of a vehicle rented or hired without a driver, under a written rental contract or agreement. We will pay for loss of use ex- penses if caused by: (1) Other than collision only if the Declara- tions indicate that Comprehensive Cov- erage is provided for any covered "auto"; (2) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto"; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However, the most we will pay for any ex- penses for loss of use is $20 per day, to a maximum of $600. B. Exclusions 1. We will not pay for "loss" caused by or result- ing from any of the following. Such "loss" is ex- cluded regardless of any other cause or event that contributes concurrently or in any se- quence to the "loss". a. Nuclear Hazard (1) The explosion of any weapon employing atomic fission or fusion; or (2) Nuclear reaction or radiation, or radioac- tive contamination, however caused. b. War Or Military Action (1) War, including undeclared or civil war; (2) Warlike action by_a military force, includ- ing action in hindering or defending against an actual or expected attack, by any government, sovereign or other au- thority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power or action taken by gov- ernmental authority in hindering or de- fending against any of these. 2. We will not pay for "loss" to any covered "auto" while used in any professional or organized racing or demolition contest or stunting activity, or while practicing for such contest or activity. We will also not pay for "loss" to any covered "auto" while that covered "auto" is being pre- pared for such a contest or activity. 3. We will not pay for "loss" caused by or result- ing from any of the following unless caused by other "loss" that is covered by this insurance: a. Wear and tear, freezing, mechanical or electrical breakdown. b. Blowouts, punctures or other road damage to tires. 4. We will not pay for "loss" to any of the follow- ing: a. Tapes, recortls��jiscs or other similar audio, visual or tt�� electronic d ces designed for us — ipaudio--vis or data electronic evo ent.`'�2 A ����ww .11�iel V .` ��P('��\� Page 6 of 12 CA 00 01 03 06 0 ISO Properties, Inc., 201005 e b. Any device designed or used to detect speed measuring equipment such as radar or laser detectors and any jamming appara- tus intended to elude or disrupt speed measurement equipment. c. Any electronic equipment, without regard to whether this equipment is permanently in- stalled, that receives or transmits audio, visual or data signals and that is not de- signed solely for the reproduction of sound. d. Any accessories used with the electronic equipment described in Paragraph c. above. Exclusions 4.c. and 4.d. do not apply to: a. Equipment designed solely for the repro- duction of sound and accessories used with such equipment, provided such equipment is permanently installed in the covered "auto" at the time of the "loss" or such equipment is removable from a housing unit which is permanently installed in the cov- ered "auto" at the time of the "loss", and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto"; or b. Any other electronic equipment that is: (1) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system; or (2) An integral part of the same unit housing any sound reproducing equipment de- scribed in Paragraph a. above and per- manently installed in the opening of the dash or console of the covered "auto" normally used by the manufacturer for installation of a radio. 6. We will not pay for "loss" to a covered "auto" due to "diminution in value". C. Limit Of Insurance 1. The most we will pay for "loss" in any one "ac- cident" is the lesser of: a. The actual cash value of the damaged or stolen property as of the time of the "loss"; or b. The cost of repairing or replacing the dam- aged or stolen property with other property of like kind and quality. 3. If a repair or replacement results in better than like kind or quality, we will not pay for the amount of the betterment. D. Deductible For each covered "auto", our obligation to pay for, repair, return or replace damaged or stolen prop- erty will be reduced by the applicable deductible shown in the Declarations. Any Comprehensive Coverage deductible shown in the Declarations does not apply to "loss" caused by fire or lightning. SECTION IV —BUSINESS AUTO CONDITIONS The following conditions apply in addition to the Common Policy Conditions: A. Loss Conditions 1. Appraisal For Physical Damage Loss If you and we disagree on the amount of "loss", either may demand an appraisal of the "loss". In this event, each party will select a competent appraiser. The two appraisers will select a competent and impartial umpire. The apprais- ers will state separately the actual cash value and amount of "loss". If they fail to agree, they will submit their differences to the umpire. A decision agreed to by any two will be binding. Each party will: a. Pay its chosen appraiser; and b. Bear the other expenses of the appraisal and umpire equally. If we submit to an appraisal, we will still retain our right to deny the claim. 2. Duties In The Event Of Accident, Claim, Suit Or Loss We have no duty to provide coverage under this policy unless there has been full compli- ance with the following duties: a. In the event of "accident", claim, "suit" or "loss", you must give us or our authorized representative prompt notice of the "acci- dent" or "loss". Include: (1) How, when and where the "accident" or "loss" occurred; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. b. Additionally, you and any other involved "insured" must: 2. An adjustment for depreciation and physical (1) Assume no obligation, make no pay - condition will be made in determining actual ment or incur n expense without our cash value in the event of a total "loss". consent, ex�t th�"insu, d's" own cost.00 gyp, 5 o\\'Page 7 of 12 G P� CA 00 01 03 06 0 ISO Properties, Inc., 2005 Q� (2) Immediately send us copies of any re- quest, demand, order, notice, summons or legal paper received conceming the claim or "suit". (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit". (4) Authorize us to obtain medical records or other pertinent information. (6) Submit to examination, at our expense, by physicians of our choice, as often as we reasonably require. c. If there is "loss" to a covered "auto" or its equipment you must also do the following: (1) Promptly notify the police if the covered "auto" or any of its equipment is stolen. (2) Take all reasonable steps to protect the covered "auto" from further damage. Also keep a record of your expenses for consideration in the settlement of the claim. c. Take all or any part of the damaged or sto- len property at an agreed or appraised value. If we pay for the "loss", our payment will in- clude the applicable sales tax for the damaged or stolen property. 5. Transfer Of Rights Of Recovery Against Others To Us If any person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another, those rights are transferred to us. That person or or- ganization must do everything necessary to secure our rights and must do nothing after "accident" or "loss" to impair them. B. General Conditions 1. Bankruptcy Bankruptcy or insolvency of the "insured" or the "insured's" estate will not relieve us of any obligations under this Coverage Form. 2. Concealment, Misrepresentation Or Fraud (3) Permit us to inspect the covered "auto" This Coverage Form is void in any case of and records proving the "loss" before its fraud by you at any time as it relates to this repair or disposition. Coverage Form. It is also void if you or any (4) Agree -to examinations underoathat our other "insured",_at_any time, intentionally -con - request and give us a signed statement ceal or misrepresent a material fact concern - of your answers. ing: 3. Legal Action Against Us No one may bring a legal action against us un- der this Coverage Form until: a. There has been full compliance with all the terms of this Coverage Form; and b. Under Liability Coverage, we agree in writ- ing that the "insured" has an obligation to pay or until the amount of that obligation has finally been determined by judgment af- ter trial. No one has the right under this pol- icy to bring us into an action to determine the "insured's" liability. 4. Loss Payment — Physical Damage Coverages At our option we may: a. Pay for, repair or replace damaged or sto- len property; b. Return the stolen property, at our expense. We will pay for any damage that results to the "auto" from the theft; or a. This Coverage Form; b. The covered "auto" c. Your interest in the covered "auto"; or d. A claim under this Coverage Form. 3. Liberalization If we revise this Coverage Form to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revi- sion is effective in your state. 4. No Benefit To Bailee — Physical Damage Coverages We will not recognize any assignment or grant any coverage for the benefit of any person or organization holding, storing or transporting property for a fee regardless of any other pro- vision of this Coverage Form. CA 00 01 03 06 0 ISO Properties, Inc., 2005 ��� \eySe (- A �V/w �' 01JPCN�� Page 8 of 12 �G tt p 5. Other Insurance a. For any covered "auto" you own, this Cov- erage Form provides primary insurance. For any covered "auto" you don't own, the insurance provided by this Coverage Form is excess over any other collectible insur- ance. However, while a covered "auto" which is a "trailer" is connected to another vehicle, the Liability Coverage this Cover- age Form provides for the "trailer" is: (1) Excess while it is connected to a motor vehicle you do not own. (2) Primary while it is connected to a cov- ered "auto" you own. b. For Hired Auto Physical Damage Coverage, any covered "auto" you lease, hire, rent or borrow is deemed to be a covered "auto" you own. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". c. Regardless of the provisions of Paragraph a. above, this Coverage Form's Liability Coverage is primary for any liability as- sumed under an "insured contract". d. When this Coverage Form and any other Coverage Form or policy covers on the same basis, either excess or primary, we will pay only our share. Our share is the proportion that the Limit of Insurance of our Coverage Form bears to the total of the lim- its of all the Coverage Forms and policies covering on the same basis. 6. Premium Audit a. The estimated premium for this Coverage Form is based on the exposures you told us you would have when this policy began. We will compute the final premium due when we determine your actual exposures. The estimated total premium will be credited against the final premium due and the first Named Insured will be billed for the bal- ance, if any. The due date for the final pre- mium or retrospective premium is the date shown as the due date on the bill. If the es- timated total premium exceeds the final premium due, the first Named Insured will get a refund. b. If this policy is issued for more than one year, the premium for this Coverage Form will be computed annually based on our rates or premiums in effect at the beginning of each year of the policy. 7. Policy Period, Coverage Territory Under this Coverage Form, we cover "acci- dents" and "losses" occurring: a. During the policy period shown in the Dec- larations; and b. Within the coverage territory. The coverage territory is: a. The United States of America; b. The territories and possessions of the United States of America; c. Puerto Rico; d. Canada;and e. Anywhere in the world if: (1) A covered "auto" of the private passen- ger type is leased, hired, rented or bor- rowed without a driver for a period of 30 days or less; and (2) The "insureds" responsibility to pay damages is determined in a "suit" on the merits, in the United States of America, the territories and possessions of the United States of America, Puerto Rico, or Canada or in a settlement we agree to -- We also cover "loss" to, or "accidents" involv- ing, a covered "auto" while being transported between any of these places. 8. Two Or More Coverage Forms Or Policies Issued By Us If this Coverage Form and any other Coverage Form or policy issued to you by us or any com- pany affiliated with us apply to the same "acci- dent", the aggregate maximum Limit of Insur- ance under all the Coverage Forms or policies shall not exceed the highest applicable Limit of Insurance under any one Coverage Form or policy. This condition does not apply to any Coverage Form or policy issued by us or an af- filiated company specifically to apply as excess insurance over this Coverage Form. SECTION V — DEFINITIONS A. "Accident" includes continuous or repeated expo- sure to the same conditions resulting in "bodily in- jury" or "property damage". B. "Auto" means: 1. A land motor vehicle, "trailer" or semitrailer de- signed for travel on public roads; or CA 00 01 03 06 © ISO Properties, Inc., 2005 ey`e�ye \A` a 5 ca�aGSwpa Page 9 of 12 Q� W 2. Any other land vehicle that is subject to a com- pulsory or financial responsibility law or other motor vehicle insurance law where it is li- censed or principally garaged. However, "auto" does not include "mobile equip- ment". C. "Bodily injury" means bodily injury, sickness or disease sustained by a person including death re- sulting from any of these. D. "Covered pollution cost or expense" means any cost or expense arising out of: 1. Any request, demand, order or statutory or regulatory requirement that any "insured" or others test for, monitor, dean up, remove, con- tain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollut- ants'; or 2. Any claim or "suit" by or on behalf of a gov- ernmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to or assessing the effects of "pollutants". "Covered pollution cost or expense" does not in- clude any cost or expense arising out of the ac- tual, -alleged -or threatened discharge,- dispersal, seepage, migration, release or escape of "pollut- ants": a. That are, or that are contained in any prop- erty that is: (1) Being transported or towed by, handled, or handled for movement into, onto or from the covered "auto"; (2) Otherwise in the course of transit by or on behalf of the "insured"; (3) Being stored, disposed of, treated or processed in or upon the covered "auto" b. Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are ac- cepted by the "insured" for movement into or onto the covered "auto'; or c. After the "pollutants" or any property in which the "pollutants" are contained are moved from the covered "auto" to the place where they are finally delivered, disposed of or abandoned by the "insured". Paragraph a. above does not apply to fuels, lu- bricants, fluids, exhaust gases or other similar "pollutants" that are needed for or result from the normal electrical, hydraulic or mechanical functioning of the covered "auto" or its parts, if: (1) The "pollutants" escape, seep, migrate, or are discharged, dispersed or re- leased directly from an "auto" part de- signed by its manufacturer to hold, store, receive or dispose of such "pol- lutants"; and (2) The "bodily injury", "property damage" or "covered pollution cost or expense" does not arise out of the operation of any equipment listed in Paragraph 6.b. or 6.c. of the definition of "mobile equip- ment". Paragraphs b. and c. above do not apply to "accidents" that occur away from premises owned by or rented to an "insured" with respect to "pollutants" not in or upon a covered "auto" if: (1) The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or r use of a covered "auto": and (2) The discharge, dispersal, seepage, mi- gration, release or escape of the "pollut- ants" is caused directly by such upset, overturn or damage. E. "Diminution in value" means the actual or per- ceived loss in market value or resale value which results from a direct and accidental "loss". F. "Employee" includes a "leased worker". "Em- ployee" does not include a "temporary worker". G. "Insured" means any person or organization quali- fying as an insured in the Who Is An Insured pro- vision of the applicable coverage. Except with re- spect to the Limit of Insurance, the coverage af- forded applies separately to each insured who is seeking coverage or against whom a claim or "suit" is brought. H. "Insured contract" means: 1. A lease of premises; 2. A sidetrack agreement; 3. Any easement or license agreement, except in connection with construction or demolition op- erations on or within 50 feet of a railroad; CA 00 01 03 06 © ISO Properties, Inc., 2005 Page 10 of 12 c�\aGgP\ CA 00 01 03 06 © ISO Properties, Inc., 2005 4. An obligation, as required by ordinance, to in- 3. Vehicles that travel on crawler treads; demnify a municipality, except in connection 4. Vehicles, whether self-propelled or not, main - with work for a municipality; tained primarily to provide mobility to perma- 5. That part of any other contract or agreement nently mounted: pertaining to your business (including an in- a. Power cranes, shovels, loaders, diggers or demnification of a municipality in connection drills; or with work performed for a municipality) under which you assume the tort liability of another to b. Road construction or resurfacing equipment pay for "bodily injury" or "property damage" to such as graders, scrapers or rollers. a third party or organization. Tort liability 6. Vehicles not described in Paragraph 1., 2., 3., means a liability that would be imposed by law or 4. above that are not self-propelled and are in the absence of any contract or agreement; maintained primarily to provide mobility to per- 6. That part of any contract or agreement entered manently attached equipment of the following into, as part of your business, pertaining to the types: rental or lease, by you or any of your "employ- a. Air compressors, pumps and generators, ees", of any "auto". However, such contract or including spraying, welding, building clean - agreement shall not be considered an "insured ing, geophysical exploration, lighting and contract" to the extent that it obligates you or well servicing equipment; or any of your "employees" to pay for "property b. Cherry pickers and similar devices used to damage" to any' auto' rented or leased by you raise or lower workers. or any of your "employees". An "insured contract" does not include that part of 6. Vehicles not described in Paragraph 1., 2., 3. or 4. above maintained primarily for purposes any contract or agreement: other than the transportation of persons or a. That indemnifies a railroad for "bodily in- cargo. However, self-propelled vehicles with jury" or "property damage" arising out of the following types of permanently attached construction or demolition operations, within equipment are not "mobile equipment" but will 50 feef of any railtdad—property and affect- be considered' autos": ing any railroad bridge or trestle, tracks, a. Equipment designed primarily for: roadbeds, tunnel, underpass or crossing; or b. That pertains to the loan, lease or rental of (1) Snow removal; an "auto" to you or any of your "employ- (2) Road maintenance, but not construction ees", if the "auto" is loaned, leased or or resurfacing; or rented with a driver; or (3) Street cleaning; c. That holds a person or organization en- b. Cherry pickers and similar devices mounted gaged in the business of transporting prop- on automobile or truck chassis and used to erty by "auto" for hire harmless for your use raise or lower workers; and of a covered "auto" over a route or territory that person or organization is authorized to c. Air compressors, pumps and generators, serve by public authority. including spraying, welding, building clean- ing, geophysical exploration, lighting or well s. "Leased worker" means a person leased to you b P Y Y servicing equipment. a labor leasing firm under an agreement between However, "mobile equipment" does not include you and the labor leasing firm, to perform duties "Leased land vehicles that are subject to a compulsory or related to the conduct of your business. worker" does not include a "temporary worker' financial responsibility law or other motor vehicle insurance law where it is licensed or principally J. "Loss" means direct and accidental loss or dam- garaged. Land vehicles subject to a compulsory or age. financial responsibility law or other motor vehicle K. "Mobile equipment" means any of the following insurance law are considered "autos". types of land vehicles, including any attached ma- L. "Pollutants" means any solid, liquid, gaseous or chinery or equipment: thermal irritant or contaminant, including smoke, 1. Bulldozers, farm machinery, forklifts and other vapor, soot, fumes, acids, alkalis, chemicals and vehicles designed for use principally off public waste. Waste includes materials to be recycled, roads; reconditioned or reclaimed 2. Vehicles maintained for use solely on or next to u� M. "Property damage" m damage t r loss of premises you own or rent; use of tangible pros P� ac �ea��. Page 11 of 12 GJ\G��F,�? 4 Q� CA 00 01 03 06 0 ISO Properties, Inc., 2005 N. "Suit" means a civil proceeding in which: 1. Damages because of "bodily injury" or "prop- erty damage"; or 2. A "covered pollution cost or expense", to which this insurance applies, are alleged. "Suit" includes: a. An arbitration proceeding in which such damages or "covered pollution costs or ex- penses" are claimed and to which the "in- sured" must submit or does submit with our consent; or b. Any other alternative dispute resolution pro- ceeding in which such damages or "cov- ered pollution costs or expenses" are claimed and to which the insured submits with our consent. O. "Temporary worker' means a person who is fur- nished to you to substitute for a permanent "em- ployee" on leave or to meet seasonal or short-term workload conditions. P. "Trailer" includes semitrailer. 2 Page 12 of 12 CA 00 01 03 06 © ISO Properties, Inc., 2005 ACORO® CERTIFICATE OF LIABILITY INSURANCE 111 DATE(MMID)IYYYY) 01/23/2019 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 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 endomement(s). PRODUCER CONTACT Kimberely Kelley NAME: Insurance Solutions License #0746539 PHONE (949)348-7400 FAX (949)348-2373 AIC No E#: (A/C, No: ADDRESS: KimK@ins-solutions.cem 33302 Valle Rd, Suite 200 INSURERIS) AFFORDING COVERAGE NAIC# San Juan Capistrano CA 92675 INSURERA: Ohio Security Ina. Co. 24082 INSURED �L INSURERS: American Fire and Casualty Company 24066 ,,-7n Professional Sports Field Maintenance, Inc �/�"� �� J p�� �� �y��/ 29466 Ridge Rd /'T (X.tJ)_I� WO State Comp Ins Fund INSURER C: P 35076 INSURER D: r.—a-mr bt3 INSURER E: San Juan Capistrano CA 92675 INSURERF: COVERAGES CERTIFICATE NUMBER: 18/19 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADUL IN D SUER WVD POLICY NUMBER POLICYEFF MMA)DIYYYY POUCYEXP MMIDD/Y`YN` LIMITS X COMMERCIALGENERALLIABILITY EACH OCCURRENCE $ 1,000,000 CWIMS-MADE OCCUR A PREMISES EdpttUrLaro $ 500,000 MED EXn[Any one panmr) $ 15,000 PERSONAL BADV INJURY $ 1,000,000 A BKS59328473 11/01/2018 11/01/2019 GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ 2,000,000 POLICY ❑ JE6 LOG PRODUCTS-COMPIOPAGGs 2,000,000 Package Modification IS OTHER: AUTOMOBILELIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY I NJURY(Par person) $ ANYAUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY I NJURY(Per acdden) s HIRED NON OWNED PROPERTY DAMAGE Per.6dam $ AUTOS ONLY AUTOS ONLY X UM BRELLA UAB OCCUR EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 B FxCUSUUAB CLAIMS -MADE USA59328473 11/01/2018 11/01/2019 DEC X RETENTION S 0 S WORKERS COMPENSATION PER OTH- X ANDEMPLOYERS'LRBILITY Y� STATUTE ER E.L. EACH ACCIDENT g 1,000.000 L. ANY PROPRIETORIPARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? N/A 8242771-2018 10/30/2018 10/30/2018 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, desodbe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be altaoMd d mom space is "uimd) The City of Santa Ana, its officers, employees, agents, and representative are included as additional insured the per attached endorsem�ep1t,�.}n� C�rii 1 � 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. 20 Civic Center Plaza AUTHORIZED REPRESENTATIVE Santa Ana CA 92701 n 19RR-2n15 ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD All rinhtc rpcpr od COMMERCIAL GENERAL LIABILITY CG88100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT NON -OWNED AIRCRAFT NON -OWNED WATERCRAFT PROPERTY DAMAGE LIABILITY -ELEVATORS EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) MEDICAL PAYMENTS EXTENSION EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B ,/ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT •PRIMARY AND NON-CONTRIBUTORY- ADDITIONAL INSURED EXTENSION ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT LIBERALIZATION CLAUSE BODILY INJURY REDEFINED EXTENDED PROPERTY DAMAGE\(?v��dY (� WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - p WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU PAGE 2 2 2 2 3 3 3 5 6 6 7 7 7 7 7 OA © 20131-iherty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 1 of 8 With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON -OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided: 1. It is not owned by any insured; 2. It is hired, chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4. It is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision. B. NON -OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 52feet long; and (b) Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY -ELEVATORS 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liabil- Ity, Subparagraphs (3), (4) and (6) of exclusion J. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV - Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance: The Insurance afforded by this provision of this endorsement is excess over any property Insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) Y a If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion J. Damage To Property is replaced by the follow- ing: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to: (1) Premises rented to you for a period of 7 or fewer consecutive days; or J�1 (11) Contents that you rent or lease as part of a premises rental or lease agreementef�q%�al iod of more than 7 days. �p J`ey1 Paragraphs (1), (3) and (4) of this exclusion do not apply to "property age- of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in S 2f11� ``Ft of Insurance. S� G5W Q� ® 20131-iberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 2 of 8 b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III - Limits Of Insurance. 2. Paragraph 6. under Section III - Limits Of Insurance is replaced by the following: 6. 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: a. Any one premise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection sys- tems; or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) - Paragraph 9.a. of Definitions is replaced with the following: 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract". E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I - Coverage C - Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES AAND B 1. Under Supplementary Payments - Coverages A and B, Paragraph 1.15. is replaced by the following: b. Up to $3,000 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 replaced by 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 $500 a day because of time off from work. tx G. ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under Section II - Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional Insured in a written contract, written agreement or permit. Such person or organization is an additional Insured but only wit respect to liability for "bodily injury", "property damage" or "personal and advertising injury" e� �d in whole or in part by: �`"\ a. Your acts or omissions, or the acts or omissions of those acting on your half, in nce of your on going operations for the additional insured that are the subject of the wri 4 or written agreement provided that the "bodily injury" or "property damage' er- sonal and advertising injury" is committed, subsequent to the signing of�ntract or written agreement; or G ® 20131-iberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 8 b. Premises or facilities rented by you or used by you; or c. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1) This insurance does not apply to "bodily injury", "property damage", or "personal and ad- vertising injury" arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard". o (3) Insurance applies to premises you own, rent, or control but only with respect to the following hazards: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar expo- sures; or e (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insur- ance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional Insured. With respect to Paragraph 1.a. above, a person's or organization's status as an additional insured under this endorsement ends when: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to Paragraph 1.b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. a With respects to Paragraph 1.c. above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV - Commercial General Llaondi- tions. eq\e (� 5 ® 2013Liberty Mutual Insurance CO 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 4 of 8 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I - Coverage A - Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury" or "property damage" arising from the sole negligence of the additional insured. b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. c. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occur- rence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury', involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. d. "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is- sued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; $ whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declaratio ns. piH. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION �t This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as follows: a. The following is added to Paragraph a. Primary Insurance: `ed(`�' If an additional insured's policy has an Other Insurance provision making it �' exce�q(�ptl have agreed in a written contract or written agreement to provide the addition insured c n a primary and noncontributory basis, this policy shall be primary and we will not seek con i ie o`nn the additional insured's policy for damages we cover. CO 20131-iberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 8 b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the addi- tional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this Insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. I. ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until „ we receive written notice of a "suit" by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section III - Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS/ MALPRACTICE WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section II -Who Is An Insured is replaced with the following: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co -"employee" while in the course of his or her employ- $ ment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co -"employee" or "volunteer worker" as a consequence of Paragraph (1) (a) above; s (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 health care services. However, if you are not in the business of providing professional health care services or providing profes- sional health care personnel to others, or if coverage for providing professional heap care ser- vices is not otherwise excluded by separate endorsement, this provision (Paragrrya ) does` llt apply �\ev"` b Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and advAing injury" d by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as use I %...a ns the "employee's" job responsibilities assigned by you, includes the direct supervision Q y- ees" of yours. However, none of these "employees" are insureds for "bodily i ' .e\6`^ al and ® 20131-iberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 6 of 8 advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury", or caused in whole or in part by their intoxica- tion by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee". K. NEWLY FORMED ORADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Section II -Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV - Commercial General Liability Conditions, the following is added to Condition 6. Repre- sentations: Your failure to disclose all hazards or prior "occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior "occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV - Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an 'occurrence", offense, claim or "suit" by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section II - Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee". a a N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state. O. BODILY INJURY REDEFINED Under Section V -Definitions, Definition 3. is replaced by the following: \e 3. "Bodily Injury" means physical injury, sickness or disease sustained t>Qperson. Tht des mental anguish, mental injury, shock, fright or death that results from such physi \ sjck- ness or disease. ® 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 8 P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is 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. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV - Commercial General Liability Conditions, the following is added to Condition 8. Trans - far Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard" provided: 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and 2. The injury or damage occurs subsequent to the execution of the written contract or written agree- ment. Q�G 20131-iberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 8 ACORD CERTIFICATE OF LIABILITY INSURANCE `� DAM(MMIDD/YYYY) 09/2612018 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 poiicy(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 endorsemente). PRODUCER CONTACT KlmberN Kelley NAME: Y y Insurance Solutions PNONE TUC No Exl : (949) 348J400 FNA No): (949) 348-2373 License g0746539 ADDRESS: 10mK@ins-solutianS.com 33302 Valle Rd, Suits 200 San Juan Capistrano CA 92675 INSURER(I) AFFORDING COVERAGE met INSURERA: The Ohio Casualty Insurance Company 24074 INSURED ---0)'I--009' INSURERS: Alimerica Financial Benefit 41840 Professional Sports Field Maintenance Inc ^ _00Lp v D) INSURERC: American Fire and Casualty Company 24066 INsuREa oState Comp Ing Fund 35076 23 Emerald Gin - 2016-004-� A- 16-01 A NSURERE: Laguna Niguel CA 9261 INSURERF: COVERAGES CERTIFICATE NUMRFR: iBAWA11 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDINGANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALLTHE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE NSO imm POLICYNUMBER MMA) EF MMODIYYYY LIMITS COMMERDUIL GENERAL LVIBILT' EACH OCCURRENCE S 1,000,000 CLAIMS -MADE ®OCCUR DAMAGE uKtNitD PREMISES Ea,mince S 100,000 MEDEXP(Anyone an) S 16,000 PERSONALaADVINIURY S 1,000,000 A SK057465702 10/01/2018 10/01/2019 GEN'LAGGREGATE UMITAPPUES PER: X POLICY ❑ GENERA -AGGREGATE $ 2,000,000 JEC07 LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: S AUTOMOBILE LABILITY COMBINED INGLBLIMI E,,edlent S 11000.000 ANVAUTO BODILY INJURY (Per person) s B OWNED SCHEDULED AUTOS ONLY AUTOS AW3A377777 O8/26/2018 08/26/2019 BooILy INJURY (Per ecamn0 S HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE .Pere S Uninsured motorist s 300,000 UMBRELLA UAS OCCUR .....................y.......... EACH OCCURRENCE $ 2000000 AGGREGATE g 2,000,000 C EXCESS UAB CLAIMS -MADE ESA57465702 10/01/12018 10/01/2019 DEO RETENTION $ S WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LWSUJTY YIN STATUTE ER EL EACH ACCIDENT g 1,000,000 D ANY OFFICER/MEMBER EXC UDED?ECUTNE ❑NIA 1620478-2018 02/28/2018 02/28/2019 E.L. DISEASE - EAEMPLOYEE S 1,ODD,DDO (MIMdMory in NH) If See, des Under E.1- DISEASE -POLICY UMIT is 1,000,000 DESCRIPTION OF OPERATIONS below DESORPTION OF OPERATIONS I LOCATIONS VEHICLES PLCORD 101, Addebral Remarks SphedWe, Ray ba aMathed X more apace is neitalmd) U The City of Santa Ana, It's officers, employees, agents, and representative are included as additional insured per the attached el Vddr98ment .%,I. 5 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. 20 Civic Center Plaza Santa Ana CA 92701 I� CORPORATION. All rights reserved, rwnu eo (eu lolus) The AOORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CG 88 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT PAGE NON -OWNED AIRCRAFT 2 NON -OWNED WATERCRAFT 2 PROPERTY DAMAGE LIABILITY - ELEVATORS 2 EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGESAAND B 3 ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 3 PRIMARY AND NON-CONTRIBUTORY- ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" 6 WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORSIMALPRACTICE AND WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES 6 NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT 7 LIBERALIZATION CLAUSE 7 BODILY INJURY REDEFINED 7 EXTENDED PROPERTY DAMAGE 8 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WSJw1 8 WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU �pJ�11 \\'A P`P� ��GS P © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 8 With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON -OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided: 1. It is not owned by any insured; 2. It is hired, chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4. It is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the insured other 12 valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision. B. NON -OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 5.2 feet long; and (b) Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY - ELEVATORS 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liabil- ity, Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV - Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the follow- ing: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property age" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic 664 oter'ion s m) to: (1) Premises rented to you for a period of 7 or fewer con; 4i3O�da (ii) Contents that you rent or lease as part of a premises f taI I'�']s r rent for a period of more than 7 days. ('LLJ Gee��• Paragraphs (1), (3) and (4) of this exclusion do not apply t U rty\ mage" to contents of premises rented to you for a period of 7 or fewer consecuti , r5 A separate limit of insurance applies to this coveraage as dVscribed in Section III - Limits of Insurance. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance services Office, Inc.,with its permission. Page 2 of 8 U b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through In. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III - Limits Of Insurance. 2. Paragraph 6. under Section III - Limits Of Insurance is replaced by the following: 6. 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: a. Any one premise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection sys- tems; or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) - Paragraph 9.a. of Definitions is replaced with the following: 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract". E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I - Coverage C - Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B 1. Under Supplementary Payments - Coverages A and B. Paragraph 1.b. is replaced by the following: b. Up to $3,000 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 replaced by 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 $500 a day because of time off from work. G. ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under Section II - Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a wr.t N contract, written agreement or permit. Such person or organization is an additional insure }only. (ith r act to liability for "bodily injury", "property damage" or "personal and ad v risl?t !� in whole or in part by: ✓ ` .A9 a. Your acts or omissions, or the acts or omissions of those acting on your V}iormance of your on going operations for the additional insured that are the su dk4contract or written agreement provided that the "bodily injury" or "grope da �r the "per- sonal and advertising injury" is committed, subsequent to th signing ch written contract or written agreement; or © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 8 b. Premises or facilities rented by you or used by you; or c. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1) This insurance does not apply to "bodily injury", "property damage", or "personal and ad- vertising injury" arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard". (3) Insurance applies to premises you own, rent, or control but only with respect to the following o hazards: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar expo- sures; or o (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insur- ance afforded to such additional insured will not be broader than that which you are required by N the contract or agreement to provide for such additional insured. With respect to Paragraph 1.a. above, a person's or organization's status as an additional insured under this endorsement ends when: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to Paragraph 1.b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 1.c. above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. „ The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury' or "property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV - Commercial Gel e ral Liability Condi- tions. ea�1�" e, . Ns \rd A. �5 3\�\a�p�"\r. G � Q� © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 4 of 8 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I - Coverage A - Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury" or "property damage" arising from the sole negligence of the additional insured. b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. c. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occur- rence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. d. "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is- sued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declaratio ns. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as follows: a. The following is added to Paragraph a. Primary Insurance: \e�i f� 1 If an additional insured's policy has an Other Insurance provision mg its polic r and you have agreed in a written contract or written agreement to provide the additional i �ov ge on a primary and noncontributory basis, this policy shall be primary and we will s� ^;Rrtu�ion from the additional insured's policy for damages we cover. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 8 b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the addi- tional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. I. ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: e a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. -We haveno-duty-to-defend -or indemnify an -additional insured under this endorsement until we receive written notice of a "suit" by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section III - Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS/ MALPRACTICE WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section II -Who Is An Insured is replaced with the following: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co -"employee" while in the course of his or her employ- ment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co -"employee" or "volunteer worker" as a consequence of Paragraph (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 health cartaices. Howev r, if you are not in the business of providing professional health care serv�$!P'or providing es- sional health care personnel to others, or if coverage for providin FVsslo al eal care ser- vices is not otherwise excluded by separate endorsement, this prov Ion (Pad tPdoes not apply- A ) rvye , v'Cn- Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and caused by an "employee" who is acting in a supervisory capacity for you. Supervise apa )bf ed herein means the "employee's" job responsibilities assigned by you, includes the direct supe n of other "employ- ees" of yours. However, none of these "employees" are insureds for "bodily injury" or "personal and © 20131-iberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 8 advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury", or caused in whole or in part by their intoxica- tion by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Section II -Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to 'bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR Under Section IV -Commercial General Liability Conditions, the following is added to Condition 6. Repre- sentations: Your failure to disclose all hazards or prior 'occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior 'occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV - Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an 'occurrence", offense, claim or "suit" by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section II - Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee". N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state. O. BODILY INJURY REDEFINED Under Section V - Definitions, Definition 3. is replaced by the following: a,G�• 3. 'Bodily Injury" means physical injury, sickness or disease sustained byy�p,@i rson. This ' udes mental anguish, mental injury, shock, fright or death that results frrrrblach al ' ury, sick- ness or disease. eda Q�G © 20131-iberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 7 of 8 P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is 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. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACTOR AGREEMENT WITH YOU Under Section IV - Commercial General Liability Conditions, the following is added to Condition 8. Trans- fer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard" provided: 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and 2. The injury or damage occurs subsequent to the execution of the written contract or written agree- ment. 0 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 8 of 8 BUSINESS AUTO COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" re- fer to the Named Insured shown in the Declarations. The words "we", "us" and "our" refer to the Company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V — Definitions. SECTION I —COVERED AUTOS Item Two of the Declarations shows the "autos" that are covered "autos" for each of your coverages. The following numerical symbols describe the "autos" that may be covered "autos". The symbols entered next to a coverage on the Declarations designate the only "autos" that are covered "autos". A. Description Of Covered Auto Designation Symbols Symbol Description Of Covered Auto Designation Symbols 1 An "Auto" 2 Owned "Autos" Only those "autos" you own (and for Liability Coverage any "trailers" you don't own Only while attached to power units you own). This includes those "autos" you acquire ownership of after the policy begins. 3 Owned Private Only the private passenger "autos" you own. This includes those private passen- Passenger ger "autos" you acquire ownership of after the policy begins. "Autos" Only 4 Owned "Autos" Only those "autos" you own that are not of the private passenger type (and for Li - Other Than Pri- ability Coverage any "trailers" you don't own while attached to power units you vate Passenger own). -This includes those "autos' not of the private passenger type you acquire "Autos" Only ownership of after the policy begins. 6 Owned "Autos" Only those "autos" you own that are required to have No -Fault benefits in the state Subject To No- where they are licensed or principally garaged. This includes those "autos" you Fault acquire ownership of after the policy begins provided they are required to have No - Fault benefits in the state where they are licensed or principally garaged. 6 Owned "Autos" Only those "autos" you own that because of the law in the state where they are Subject To A licensed or principally garaged are required to have and cannot reject Uninsured Compulsory Un- Motorists Coverage. This includes those "autos" you acquire ownership of after the insured Motor- policy begins provided they are subject to the same state uninsured motorists re- ists Law quirement. 7 Specifically De- Only those "autos" described in Item Three of the Declarations for which a pre- scribed "Autos" mium charge is shown (and for Liability Coverage any "trailers" you don't own while attached to any power unit described in Item Three). 8 Hired "Autos" Only those "autos" you lease, hire, rent or borrow. This does not include any "auto" Only you lease, hire, rent, or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households. 9 Nonowned Only those "autos" you do not own, lease, hire, rent or borrow that are used in con - "Autos" Only nection with your business. This includes "autos" owned by your "employees", partners (if you are a partnership), members (if you are a limited liability company), or members of their households but only while used in your business or your per- sonal affairs. 3��GJp��et\ G QF' Page 1 of 12 CA 00 01 03 06 0 ISO Properties, Inc., 2005 19 Mobile Equip- ment Subject To Compulsory Or Financial Re- sponsibility Or Other Motor Ve- hicle Insurance Only those "autos" that are land vehicles and that would qualify under the definition of "mobile equipment" under this policy if they were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where they are licensed or principally garaged. B. Owned Autos You Acquire After The Policy Begins 1. If Symbols 1, 2, 3, 4, 6, 6 or 19 are entered next to a coverage in Item Two of the Declara- tions, then you have coverage for "autos" that you acquire of the type described for the re- mainder of the policy period. 2. But, if Symbol 7 is entered next to a coverage in Item Two of the Declarations, an "auto" you acquire will be a covered "auto" for that cover- age only if: a. We already cover all "autos" that you own for that coverage or it replaces an "auto" you previously owned that had that cover- age; -and b. You tell us within 30 days after you acquire it that you want us to cover it for that cover- age. C. Certain Trailers, Mobile Equipment And Temporary Substitute Autos If Liability Coverage is provided by this Coverage Form, the following types of vehicles are also cov- ered "autos" for Liability Coverage: 1. "Trailers" with a load capacity of 2,000 pounds or less designed primarily for travel on public roads. 2. "Mobile equipment" while being carried or towed by a covered "auto". 3. Any "auto" you do not own while used with the permission of its owner as a temporary substi- tute for a covered "auto" you own that is out of service because of its: a. Breakdown; b. Repair; c. Servicing; d. "Loss"; or e. Destruction. SECTION 11- LIABILITY COVERAGE A. Coverage We will pay all sums an "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, caused by an "accident" and resulting from the ownership, maintenance or use of a covered "auto". We will also pay all sums an "insured" legally must pay as a "covered pollution cost or expense" to which this insurance applies, caused by an "acci- dent" and resulting from the ownership, mainte- nance or use of covered "autos". However, we will only pay for the "covered pollution cost or ex- pense" if there is either "bodily injury" or "property damage" to-which--this-insurance applies -that -is caused by the same "accident". We have the right and duty to defend any "in- sured" against a "suit" asking for such damages or a "covered pollution cost or expense". However, we have no duty to defend any "insured" against a "suit" seeking damages for "bodily injury" or "prop- erty damage" or a "covered pollution cost or ex- pense" to which this insurance does not apply. We may investigate and settle any claim or "suit" as we consider appropriate. Our duty to defend or settle ends when the Liability Coverage Limit of Insurance has been exhausted by payment of judgments or settlements. 1. Who Is An Insured The following are "insureds": a. You for any covered "auto". b. Anyone else while using with your permis- sion a covered "auto" you own, hire or bor- row except: (1) The owner or anyone else from whom you hire or borrow a covered "auto". This exception does not apply if the covered "auto" is a "trailer" connected to a covered "auto" you own. CA 00 01 03 06 0 ISO Properties, Inc., 2005 (2) Your "employee" if the covered "auto" is owned by that "employee" or a member of his or her household. (3) Someone using a covered "auto" while he or she is working in a business of selling, servicing, repairing, parking or storing "autos" unless that business is yours. (4) Anyone other than your "employees", partners (if you are a partnership), members (if you are a limited liability company), or a lessee or borrower or any of their "employees", while moving property to or from a covered "auto". (6) A partner (if you are a partnership), or a member (if you are a limited liability company) for a covered "auto" owned by him or her or a member of his or her household. c. Anyone liable for the conduct of an "in- sured" described above but only to the ex- tent of that liability. 2. Coverage Extensions a. Supplementary Payments We will pay for the "insured": (1) All expenses we incur. (2) Up to $2,000 for cost of bail bonds (in- cluding bonds for related traffic law vio- lations) required because of an "acci- dent" we cover. We do not have to fur- nish these bonds. (3) The cost of bonds to release attach- ments in any "suit' against the "insured" we defend, but only for bond amounts within our Limit of Insurance. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $250 a day be- cause of time off from work. (5) All costs taxed against the "insured" in any "suit" against the "insured" we de- fend. (6) All interest on the full amount of any judgment that accrues after entry of the judgment in any "suit" against the "in- sured" we defend, but our duty to pay in- terest ends when we have paid, offered to pay or deposited in court the part of the judgment that is within our Limit of Insurance. b. Out -Of -State Coverage Extensions While a covered "auto" is away from the state where it is licensed we will: (1) Increase the Limit of Insurance for Li- ability Coverage to meet the limits speci- fied by a compulsory or financial re- sponsibility law of the jurisdiction where the covered "auto" is being used. This extension does not apply to the limit or limits specified by any law governing motor carriers of passengers or prop- erty. (2) Provide the minimum amounts and types of other coverages, such as no- fault, required of out-of-state vehicles by the jurisdiction where the covered "auto" is being used. We will not pay anyone more than once for the same elements of loss because of these extensions. B. Exclusions This insurance does not apply to any of the follow- ing: 1. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the "in- sured". 2. Contractual Liability assumed under any contract or agree- ment. But this exclusion does not apply to liability for damages: a. Assumed in a contract or agreement that is an "insured contract" provided the "bodily injury" or "property damage" occurs subse- quent to the execution of the contract or agreement; or b. That the "insured" would have in the ab- sence of the contract or agreement. 3. Workers' Compensation Any obligation for which the "insured" or the "insured's" insurer may be held liable under any workers' compensation, disability benefits or unemployment compensation law or any similar law. 4. Employee Indemnification And Employer's Liability "Bodily injury" to: These payments will not reduce the Limit of a. An "employee" of the "insured" arising out Insurance. of and in the course oN, ° (1) Employmer�t ha i cued"; �e4\age 3 of 12 CA 00 01 03 06 © ISO Properties, Inc., 2005 ��CJ (2) Performing the duties related to the con- duct of the "insured's" business; or b. The spouse, child, parent, brother or sister of that "employee" as a consequence of Paragraph a. above. This exclusion applies: (1) Whether the "insured" may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. But this exclusion does not apply to "bodily in- jury" to domestic "employees" not entitled to workers' compensation benefits or to liability assumed by the "insured" under an "insured contract". For the purposes of the Coverage Form, a domestic "employee" is a person en- gaged in household or domestic work per- formed principally in connection with a resi- dence premises. 6. Fellow Employee "Bodily injury" to any fellow "employee" of the "insured" arising out of and in the course of the fellow "employee's" employment or while per- forming forming duties related to the conduct of your business. 6. Care, Custody Or Control "Property damage" to or "covered pollution cost or expense" involving property owned or trans- ported by the "insured" or in the "insured's" care, custody or control. But this exclusion does not apply to liability assumed under a sidetrack agreement. 7. Handling Of Property "Bodily injury" or "property damage" resulting from the handling of property: a. Before it is moved from the place where it is accepted by the "insured" for movement into or onto the covered "auto"; or b. After it is moved from the covered "auto" to the place where it is finally delivered by the "insured". 8. Movement Of Property By Mechanical Device "Bodily injury" or "property damage" resulting from the movement of property by a mechani- cal device (other than a hand truck) unless the device is attached to the covered "auto". 9. Operations "Bodily injury" or "property damage" arising out of the operation of: a. Any equipment listed in Paragraphs 6.b. and 6.c. of the definition of "mobile equip- ment'; or b. Machinery or equipment that is on, attached to, or part of, a land vehicle that would qual- ify under the definition of "mobile equip- ment" if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. 10. Completed Operations "Bodily injury" or "property damage" arising out of your work after that work has been com- pleted or abandoned. In this exclusion, your work means: a. Work or operations performed by you or on your behalf; and b. Materials, parts or equipment furnished in connection with such work or operations. Your work includes warranties or representa- tions made at any time with respect to the fit- ness, quality, durability or performance of any of the items included in Paragraph a. or b. above. Your work will be deemed completed at the earliest of the following times: (1) When all of the work called for in your contract has been completed. (2) When all of the work to be done at the site has been completed if your contract calls for work at more than one site. (3) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, cor- rection, repair or replacement, but which is oth- erwise complete, will be treated as completed. 11. Pollution "Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or es- cape of "pollutants": a. That are, or that are contained in any prop- erty that is: (1) Being transport nr towed by, handled, or handledd�,,tj r��hhi)ovement ip>, onto or from, tho.A'ered "auto";/ Page 4 of 12 CA 00 01 03 06 © ISO Properties, Inc., Q�G (2) Otherwise in the course of transit by or on behalf of the "insured"; or (3) Being stored, disposed of, treated or processed in or upon the covered "auto'; b. Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are ac- cepted by the "insured" for movement into or onto the covered "auto": or c. After the "pollutants" or any property in which the "pollutants" are contained are moved from the covered "auto" to the place where they are finally delivered, disposed of or abandoned by the "insured". Paragraph a. above does not apply to fuels, lu- bricants, fluids, exhaust gases or other similar "pollutants" that are needed for or result from the normal electrical, hydraulic or mechanical functioning of the covered "auto" or its parts, if: (1) The "pollutants" escape, seep, migrate, or are discharged, dispersed or re- leased directly from an "auto" part de- signed by its manufacturer to hold, store, receive or dispose of such "pol- lutants"; and (2) The "bodily injury", "property damage" or "covered pollution cost or expense" does not arise out of the operation of any equipment listed in Paragraphs 6.b. and 6.c. of the definition of "mobile equipment". Paragraphs b. and c. above of this exclusion do not apply to "accidents" that occur away from premises owned by or rented to an "in- sured" with respect to "pollutants" not in or upon a covered "auto" if: (1) The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto": and (2) The discharge, dispersal, seepage, mi- gration, release or escape of the "pollut- ants" is caused directly by such upset, overturn or damage. 12. War "Bodily injury" or "property damage" arising di- rectly or indirectly out of: a. War, including undeclared or civil war; b. Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any govern- ment, sovereign or other authority using military personnel or other agents; or c. Insurrection, rebellion, revolution, usurped power, or action taken by governmental au- thority in hindering or defending against any of these. 13. Racing Covered "autos" while used in any professional or organized racing or demolition contest or stunting activity, or while practicing for such contest or activity. This insurance also does not apply while that covered "auto" is being prepared for such a contest or activity. C. Limit Of Insurance Regardless of the number of covered "autos", "in- sureds", premiums paid, claims made or vehicles involved in the "accident", the most we will pay for the total of all damages and "covered pollution cost or expense" combined, resulting from any one "accident" is the Limit of Insurance for Liability Coverage shown in the Declarations. All "bodily injury", "property damage" and "covered pollution cost or expense" resulting from continu- ous or repeated exposure to substantially the same conditions will be considered as resulting from one "accident". No one will be entitled to receive duplicate pay- ments for the same elements of "loss" under this Coverage Form and any Medical Payments Cov- erage Endorsement, Uninsured Motorists Cover- age Endorsement or Underinsured Motorists Cov- erage Endorsement attached to this Coverage Part. SECTION III — PHYSICAL DAMAGE COVERAGE A. Coverage 1. We will pay for "loss" to a covered "auto" or its equipment under: a. Comprehensive Coverage From any cause except: (1) The covered "auto's" collision with an- other object; or (2) The covered "auto's" overturn. b. Specified Causes Of Loss Coverage CA 00 01 03 06 0 ISO Properties, Inc., Caused by: (1) Fire, lightning or explosion; (2) Theft; (3) Windstorm, hail or earthquake; (4) Flood; (5) Mischief or vandalism; or (6) The sinking, b ning, collision or derail- ment of nveyance ansporting the cod auto". 0000 00, Page 5 of 12 5V�c�``� P c. Collision Coverage Caused by: (1) The covered "auto's" collision with an- other object; or (2) The covered "auto's" overturn. 2. Towing We will pay up to the limit shown in the Decla- rations for towing and labor costs incurred each time a covered "auto" of the private pas- senger type is disabled. However, the labor must be performed at the place of disablement. 3. Glass Breakage — Hitting A Bird Or Animal — Falling Objects Or Missiles If you carry Comprehensive Coverage for the damaged covered "auto", we will pay for the following under Comprehensive Coverage: a. Glass breakage; b. "Loss" caused by hitting a bird or animal; and c. "Loss" caused by falling objects or missiles. However, you have the option of having glass breakage caused by a covered "auto's" colli- sion or overturn considered a "loss" under Col- lision -Coverage. - 4. Coverage Extensions a. Transportation Expenses We will pay up to $20 per day to a maxi- mum of $600 for temporary transportation expense incurred by you because of the to- tal theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss 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 expi- ration, when the covered "auto" is returned to use or we pay for its "loss". b. Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" be- comes legally responsible to pay for loss of use of a vehicle rented or hired without a driver, under a written rental contract or agreement. We will pay for loss of use ex- penses if caused by: (1) Other than collision only if the Declara- tions indicate that Comprehensive Cov- erage is provided for any covered "auto"; (2) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto"; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However, the most we will pay for any ex- penses for loss of use is $20 per day, to a maximum of $600. B. Exclusions 1. We will not pay for "loss" caused by or result- ing from any of the following. Such "loss" is ex- cluded regardless of any other cause or event that contributes concurrently or in any se- quence to the "loss". a. Nuclear Hazard (1) The explosion of any weapon employing atomic fission or fusion; or (2) Nuclear reaction or radiation, or radioac- tive contamination, however caused. b. War Or Military Action (1) War, including undeclared or civil war; (2) Warlike action by_a military force, includ- ing action in hindering or defending against an actual or expected attack, by any government, sovereign or other au- thority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power or action taken by gov- ernmental authority in hindering or de- fending against any of these. 2. We will not pay for "loss" to any covered "auto" while used in any professional or organized racing or demolition contest or stunting activity, or while practicing for such contest or activity. We will also not pay for "loss" to any covered "auto" while that covered "auto" is being pre- pared for such a contest or activity. 3. We will not pay for "loss" caused by or result- ing from any of the following unless caused by other "loss" that is covered by this insurance: a. Wear and tear, freezing, mechanical or electrical breakdown. b. Blowouts, punctures or other road damage to tires. 4. We will not pay for "loss" to any of the follow- ing: a. Tapes, recortls��jiscs or other similar audio, visual or tt�� electronic d ces designed for us — ipaudio--vis or data electronic evo ent.`'�2 A ����ww .11�iel V .` ��P('��\� Page 6 of 12 CA 00 01 03 06 0 ISO Properties, Inc., 201005 e b. Any device designed or used to detect speed measuring equipment such as radar or laser detectors and any jamming appara- tus intended to elude or disrupt speed measurement equipment. c. Any electronic equipment, without regard to whether this equipment is permanently in- stalled, that receives or transmits audio, visual or data signals and that is not de- signed solely for the reproduction of sound. d. Any accessories used with the electronic equipment described in Paragraph c. above. Exclusions 4.c. and 4.d. do not apply to: a. Equipment designed solely for the repro- duction of sound and accessories used with such equipment, provided such equipment is permanently installed in the covered "auto" at the time of the "loss" or such equipment is removable from a housing unit which is permanently installed in the cov- ered "auto" at the time of the "loss", and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto"; or b. Any other electronic equipment that is: (1) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system; or (2) An integral part of the same unit housing any sound reproducing equipment de- scribed in Paragraph a. above and per- manently installed in the opening of the dash or console of the covered "auto" normally used by the manufacturer for installation of a radio. 6. We will not pay for "loss" to a covered "auto" due to "diminution in value". C. Limit Of Insurance 1. The most we will pay for "loss" in any one "ac- cident" is the lesser of: a. The actual cash value of the damaged or stolen property as of the time of the "loss"; or b. The cost of repairing or replacing the dam- aged or stolen property with other property of like kind and quality. 3. If a repair or replacement results in better than like kind or quality, we will not pay for the amount of the betterment. D. Deductible For each covered "auto", our obligation to pay for, repair, return or replace damaged or stolen prop- erty will be reduced by the applicable deductible shown in the Declarations. Any Comprehensive Coverage deductible shown in the Declarations does not apply to "loss" caused by fire or lightning. SECTION IV —BUSINESS AUTO CONDITIONS The following conditions apply in addition to the Common Policy Conditions: A. Loss Conditions 1. Appraisal For Physical Damage Loss If you and we disagree on the amount of "loss", either may demand an appraisal of the "loss". In this event, each party will select a competent appraiser. The two appraisers will select a competent and impartial umpire. The apprais- ers will state separately the actual cash value and amount of "loss". If they fail to agree, they will submit their differences to the umpire. A decision agreed to by any two will be binding. Each party will: a. Pay its chosen appraiser; and b. Bear the other expenses of the appraisal and umpire equally. If we submit to an appraisal, we will still retain our right to deny the claim. 2. Duties In The Event Of Accident, Claim, Suit Or Loss We have no duty to provide coverage under this policy unless there has been full compli- ance with the following duties: a. In the event of "accident", claim, "suit" or "loss", you must give us or our authorized representative prompt notice of the "acci- dent" or "loss". Include: (1) How, when and where the "accident" or "loss" occurred; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. b. Additionally, you and any other involved "insured" must: 2. An adjustment for depreciation and physical (1) Assume no obligation, make no pay - condition will be made in determining actual ment or incur n expense without our cash value in the event of a total "loss". consent, ex�t th�"insu, d's" own cost.00 gyp, 5 o\\'Page 7 of 12 G P� CA 00 01 03 06 0 ISO Properties, Inc., 2005 Q� (2) Immediately send us copies of any re- quest, demand, order, notice, summons or legal paper received conceming the claim or "suit". (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit". (4) Authorize us to obtain medical records or other pertinent information. (6) Submit to examination, at our expense, by physicians of our choice, as often as we reasonably require. c. If there is "loss" to a covered "auto" or its equipment you must also do the following: (1) Promptly notify the police if the covered "auto" or any of its equipment is stolen. (2) Take all reasonable steps to protect the covered "auto" from further damage. Also keep a record of your expenses for consideration in the settlement of the claim. c. Take all or any part of the damaged or sto- len property at an agreed or appraised value. If we pay for the "loss", our payment will in- clude the applicable sales tax for the damaged or stolen property. 5. Transfer Of Rights Of Recovery Against Others To Us If any person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another, those rights are transferred to us. That person or or- ganization must do everything necessary to secure our rights and must do nothing after "accident" or "loss" to impair them. B. General Conditions 1. Bankruptcy Bankruptcy or insolvency of the "insured" or the "insured's" estate will not relieve us of any obligations under this Coverage Form. 2. Concealment, Misrepresentation Or Fraud (3) Permit us to inspect the covered "auto" This Coverage Form is void in any case of and records proving the "loss" before its fraud by you at any time as it relates to this repair or disposition. Coverage Form. It is also void if you or any (4) Agree -to examinations underoathat our other "insured",_at_any time, intentionally -con - request and give us a signed statement ceal or misrepresent a material fact concern - of your answers. ing: 3. Legal Action Against Us No one may bring a legal action against us un- der this Coverage Form until: a. There has been full compliance with all the terms of this Coverage Form; and b. Under Liability Coverage, we agree in writ- ing that the "insured" has an obligation to pay or until the amount of that obligation has finally been determined by judgment af- ter trial. No one has the right under this pol- icy to bring us into an action to determine the "insured's" liability. 4. Loss Payment — Physical Damage Coverages At our option we may: a. Pay for, repair or replace damaged or sto- len property; b. Return the stolen property, at our expense. We will pay for any damage that results to the "auto" from the theft; or a. This Coverage Form; b. The covered "auto" c. Your interest in the covered "auto"; or d. A claim under this Coverage Form. 3. Liberalization If we revise this Coverage Form to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revi- sion is effective in your state. 4. No Benefit To Bailee — Physical Damage Coverages We will not recognize any assignment or grant any coverage for the benefit of any person or organization holding, storing or transporting property for a fee regardless of any other pro- vision of this Coverage Form. CA 00 01 03 06 0 ISO Properties, Inc., 2005 ��� \eySe (- A �V/w �' 01JPCN�� Page 8 of 12 �G tt p 5. Other Insurance a. For any covered "auto" you own, this Cov- erage Form provides primary insurance. For any covered "auto" you don't own, the insurance provided by this Coverage Form is excess over any other collectible insur- ance. However, while a covered "auto" which is a "trailer" is connected to another vehicle, the Liability Coverage this Cover- age Form provides for the "trailer" is: (1) Excess while it is connected to a motor vehicle you do not own. (2) Primary while it is connected to a cov- ered "auto" you own. b. For Hired Auto Physical Damage Coverage, any covered "auto" you lease, hire, rent or borrow is deemed to be a covered "auto" you own. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". c. Regardless of the provisions of Paragraph a. above, this Coverage Form's Liability Coverage is primary for any liability as- sumed under an "insured contract". d. When this Coverage Form and any other Coverage Form or policy covers on the same basis, either excess or primary, we will pay only our share. Our share is the proportion that the Limit of Insurance of our Coverage Form bears to the total of the lim- its of all the Coverage Forms and policies covering on the same basis. 6. Premium Audit a. The estimated premium for this Coverage Form is based on the exposures you told us you would have when this policy began. We will compute the final premium due when we determine your actual exposures. The estimated total premium will be credited against the final premium due and the first Named Insured will be billed for the bal- ance, if any. The due date for the final pre- mium or retrospective premium is the date shown as the due date on the bill. If the es- timated total premium exceeds the final premium due, the first Named Insured will get a refund. b. If this policy is issued for more than one year, the premium for this Coverage Form will be computed annually based on our rates or premiums in effect at the beginning of each year of the policy. 7. Policy Period, Coverage Territory Under this Coverage Form, we cover "acci- dents" and "losses" occurring: a. During the policy period shown in the Dec- larations; and b. Within the coverage territory. The coverage territory is: a. The United States of America; b. The territories and possessions of the United States of America; c. Puerto Rico; d. Canada;and e. Anywhere in the world if: (1) A covered "auto" of the private passen- ger type is leased, hired, rented or bor- rowed without a driver for a period of 30 days or less; and (2) The "insureds" responsibility to pay damages is determined in a "suit" on the merits, in the United States of America, the territories and possessions of the United States of America, Puerto Rico, or Canada or in a settlement we agree to -- We also cover "loss" to, or "accidents" involv- ing, a covered "auto" while being transported between any of these places. 8. Two Or More Coverage Forms Or Policies Issued By Us If this Coverage Form and any other Coverage Form or policy issued to you by us or any com- pany affiliated with us apply to the same "acci- dent", the aggregate maximum Limit of Insur- ance under all the Coverage Forms or policies shall not exceed the highest applicable Limit of Insurance under any one Coverage Form or policy. This condition does not apply to any Coverage Form or policy issued by us or an af- filiated company specifically to apply as excess insurance over this Coverage Form. SECTION V — DEFINITIONS A. "Accident" includes continuous or repeated expo- sure to the same conditions resulting in "bodily in- jury" or "property damage". B. "Auto" means: 1. A land motor vehicle, "trailer" or semitrailer de- signed for travel on public roads; or CA 00 01 03 06 © ISO Properties, Inc., 2005 ey`e�ye \A` a 5 ca�aGSwpa Page 9 of 12 Q� W 2. Any other land vehicle that is subject to a com- pulsory or financial responsibility law or other motor vehicle insurance law where it is li- censed or principally garaged. However, "auto" does not include "mobile equip- ment". C. "Bodily injury" means bodily injury, sickness or disease sustained by a person including death re- sulting from any of these. D. "Covered pollution cost or expense" means any cost or expense arising out of: 1. Any request, demand, order or statutory or regulatory requirement that any "insured" or others test for, monitor, dean up, remove, con- tain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollut- ants'; or 2. Any claim or "suit" by or on behalf of a gov- ernmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to or assessing the effects of "pollutants". "Covered pollution cost or expense" does not in- clude any cost or expense arising out of the ac- tual, -alleged -or threatened discharge,- dispersal, seepage, migration, release or escape of "pollut- ants": a. That are, or that are contained in any prop- erty that is: (1) Being transported or towed by, handled, or handled for movement into, onto or from the covered "auto"; (2) Otherwise in the course of transit by or on behalf of the "insured"; (3) Being stored, disposed of, treated or processed in or upon the covered "auto" b. Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are ac- cepted by the "insured" for movement into or onto the covered "auto'; or c. After the "pollutants" or any property in which the "pollutants" are contained are moved from the covered "auto" to the place where they are finally delivered, disposed of or abandoned by the "insured". Paragraph a. above does not apply to fuels, lu- bricants, fluids, exhaust gases or other similar "pollutants" that are needed for or result from the normal electrical, hydraulic or mechanical functioning of the covered "auto" or its parts, if: (1) The "pollutants" escape, seep, migrate, or are discharged, dispersed or re- leased directly from an "auto" part de- signed by its manufacturer to hold, store, receive or dispose of such "pol- lutants"; and (2) The "bodily injury", "property damage" or "covered pollution cost or expense" does not arise out of the operation of any equipment listed in Paragraph 6.b. or 6.c. of the definition of "mobile equip- ment". Paragraphs b. and c. above do not apply to "accidents" that occur away from premises owned by or rented to an "insured" with respect to "pollutants" not in or upon a covered "auto" if: (1) The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or r use of a covered "auto": and (2) The discharge, dispersal, seepage, mi- gration, release or escape of the "pollut- ants" is caused directly by such upset, overturn or damage. E. "Diminution in value" means the actual or per- ceived loss in market value or resale value which results from a direct and accidental "loss". F. "Employee" includes a "leased worker". "Em- ployee" does not include a "temporary worker". G. "Insured" means any person or organization quali- fying as an insured in the Who Is An Insured pro- vision of the applicable coverage. Except with re- spect to the Limit of Insurance, the coverage af- forded applies separately to each insured who is seeking coverage or against whom a claim or "suit" is brought. H. "Insured contract" means: 1. A lease of premises; 2. A sidetrack agreement; 3. Any easement or license agreement, except in connection with construction or demolition op- erations on or within 50 feet of a railroad; CA 00 01 03 06 © ISO Properties, Inc., 2005 Page 10 of 12 c�\aGgP\ CA 00 01 03 06 © ISO Properties, Inc., 2005 4. An obligation, as required by ordinance, to in- 3. Vehicles that travel on crawler treads; demnify a municipality, except in connection 4. Vehicles, whether self-propelled or not, main - with work for a municipality; tained primarily to provide mobility to perma- 5. That part of any other contract or agreement nently mounted: pertaining to your business (including an in- a. Power cranes, shovels, loaders, diggers or demnification of a municipality in connection drills; or with work performed for a municipality) under which you assume the tort liability of another to b. Road construction or resurfacing equipment pay for "bodily injury" or "property damage" to such as graders, scrapers or rollers. a third party or organization. Tort liability 6. Vehicles not described in Paragraph 1., 2., 3., means a liability that would be imposed by law or 4. above that are not self-propelled and are in the absence of any contract or agreement; maintained primarily to provide mobility to per- 6. That part of any contract or agreement entered manently attached equipment of the following into, as part of your business, pertaining to the types: rental or lease, by you or any of your "employ- a. Air compressors, pumps and generators, ees", of any "auto". However, such contract or including spraying, welding, building clean - agreement shall not be considered an "insured ing, geophysical exploration, lighting and contract" to the extent that it obligates you or well servicing equipment; or any of your "employees" to pay for "property b. Cherry pickers and similar devices used to damage" to any' auto' rented or leased by you raise or lower workers. or any of your "employees". An "insured contract" does not include that part of 6. Vehicles not described in Paragraph 1., 2., 3. or 4. above maintained primarily for purposes any contract or agreement: other than the transportation of persons or a. That indemnifies a railroad for "bodily in- cargo. However, self-propelled vehicles with jury" or "property damage" arising out of the following types of permanently attached construction or demolition operations, within equipment are not "mobile equipment" but will 50 feef of any railtdad—property and affect- be considered' autos": ing any railroad bridge or trestle, tracks, a. Equipment designed primarily for: roadbeds, tunnel, underpass or crossing; or b. That pertains to the loan, lease or rental of (1) Snow removal; an "auto" to you or any of your "employ- (2) Road maintenance, but not construction ees", if the "auto" is loaned, leased or or resurfacing; or rented with a driver; or (3) Street cleaning; c. That holds a person or organization en- b. Cherry pickers and similar devices mounted gaged in the business of transporting prop- on automobile or truck chassis and used to erty by "auto" for hire harmless for your use raise or lower workers; and of a covered "auto" over a route or territory that person or organization is authorized to c. Air compressors, pumps and generators, serve by public authority. including spraying, welding, building clean- ing, geophysical exploration, lighting or well s. "Leased worker" means a person leased to you b P Y Y servicing equipment. a labor leasing firm under an agreement between However, "mobile equipment" does not include you and the labor leasing firm, to perform duties "Leased land vehicles that are subject to a compulsory or related to the conduct of your business. worker" does not include a "temporary worker' financial responsibility law or other motor vehicle insurance law where it is licensed or principally J. "Loss" means direct and accidental loss or dam- garaged. Land vehicles subject to a compulsory or age. financial responsibility law or other motor vehicle K. "Mobile equipment" means any of the following insurance law are considered "autos". types of land vehicles, including any attached ma- L. "Pollutants" means any solid, liquid, gaseous or chinery or equipment: thermal irritant or contaminant, including smoke, 1. Bulldozers, farm machinery, forklifts and other vapor, soot, fumes, acids, alkalis, chemicals and vehicles designed for use principally off public waste. Waste includes materials to be recycled, roads; reconditioned or reclaimed 2. Vehicles maintained for use solely on or next to u� M. "Property damage" m damage t r loss of premises you own or rent; use of tangible pros P� ac �ea��. Page 11 of 12 GJ\G��F,�? 4 Q� CA 00 01 03 06 0 ISO Properties, Inc., 2005 N. "Suit" means a civil proceeding in which: 1. Damages because of "bodily injury" or "prop- erty damage"; or 2. A "covered pollution cost or expense", to which this insurance applies, are alleged. "Suit" includes: a. An arbitration proceeding in which such damages or "covered pollution costs or ex- penses" are claimed and to which the "in- sured" must submit or does submit with our consent; or b. Any other alternative dispute resolution pro- ceeding in which such damages or "cov- ered pollution costs or expenses" are claimed and to which the insured submits with our consent. O. "Temporary worker' means a person who is fur- nished to you to substitute for a permanent "em- ployee" on leave or to meet seasonal or short-term workload conditions. P. "Trailer" includes semitrailer. 2 Page 12 of 12 CA 00 01 03 06 © ISO Properties, Inc., 2005