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HomeMy WebLinkAboutEXTERIOR PRODUCTS-2017A-20'17-111 Consultant shall performthose services as set forth in Exhibit A to this Agreement, attached herewith and incorporated herein by this reforenoe, 2. COMPENSATION a. Cfty agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified In Exhibit A. The total sum to be expended under this Agreement shall not exceed thirteen thousand, two hundred dollars ($13j200.00) during the term of this Agreement. b. Payment by City shall be made within forty-five (45) days fallowing recel,pt of proper invoice evidencing work performed, subject to City accoLin.t€ng procedural, Payment need not be made for work which falls to meet the standards, of performance set forth in the Recitals which may reasonably be expected by City. On separate approval by the City, payment will be made on all proper Invoices evidencing acceptable work performed prior to the start date of this Agreement In section 3 below. 3. TERM This Agreement shall commence on the date first written above and terminate on December 31, 2019, unless terminated earlier in acc6tdahce with ;vection 14, below, The Term of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney. CONStJLTA TAGRI gNJ LU M jr LU THIS A,GRE M NT is made'and entered into tlhis03pday ofm _ 2017 by and between Exterior Products, ]no.,. California --J a corporation, (hereina�t�nsultant"), and 8 C5 the City of Santa Ana, a charter o€ty and Municipal corporation organized and existing CL -under 0 the Constitution and laws of the State of California (hereinafter "City"), z ,I ggTALS d CLU C w A. f The City desires to retain a consultant having special skill and knowledge In the C--) field of installing, removing, and storing Am6ricarr flags, B. Consultant represents that Consultant Is able and willing to provide such services to the City, C. In undertaking the perlbrmance of this Agreement, Consultant represents that it Is knowledgeable In Its field and that any servioes performed. by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm In the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditlons hereinafter set forth, the parties agree as follows. 1. SCOPE OF SERVICES Consultant shall performthose services as set forth in Exhibit A to this Agreement, attached herewith and incorporated herein by this reforenoe, 2. COMPENSATION a. Cfty agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified In Exhibit A. The total sum to be expended under this Agreement shall not exceed thirteen thousand, two hundred dollars ($13j200.00) during the term of this Agreement. b. Payment by City shall be made within forty-five (45) days fallowing recel,pt of proper invoice evidencing work performed, subject to City accoLin.t€ng procedural, Payment need not be made for work which falls to meet the standards, of performance set forth in the Recitals which may reasonably be expected by City. On separate approval by the City, payment will be made on all proper Invoices evidencing acceptable work performed prior to the start date of this Agreement In section 3 below. 3. TERM This Agreement shall commence on the date first written above and terminate on December 31, 2019, unless terminated earlier in acc6tdahce with ;vection 14, below, The Term of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney. 4, INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an indeperldont.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 Consultant performs the services which are the subtest matter of this Agreement however, the services to be provided by Consultant shall be provided n a manner consistent with all applicable standards and regulations governing such services. Consultant 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. INSURANCE Prier to undertaking performance of work under this Agreement, Consultant shall maintain and shalf require its subcontractors, if any, to obtain and maintain Insurance as described below: a. Commercial Co,neral Llabllity Insurance, Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional Insured(p) and shall inolu.de, 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 a.ct or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicies, 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, Consultant shall supply CJty with a fully executed additional Insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement, b. Business automobile liability insurance, or equivalent farm, with a combined single llmit 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 provisions of Section 0700 of the Labor Code, Consultant, If Consultant Inas 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, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident, d. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (1) Consultant shall maintain all insurance required ebove in full force and affect for the entire period covered by this Agreement, (11) Certificates of insurance shall be furnished to the Clty upon execCrtion of this Agreement and shall be approved by the City, 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 prier written notice to the City. e. If Consultant 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 procured and is in force and paid far; the City shall stave the right, at the City's election, to forthwith terminate this Agreement, Such termination shall. rat affect Consultant's right to be paid for its time and materials expended prior to notiflcation of termination. Consultant waives the right to receive compensation and agrees to Indemnify the City for any work performed prior to approval of insurance by the City. 6, INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, speolal counsel, and represontatives from liability; (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors,. subcontractors, :agents, employees, or other persons acting on their behalf which relates tea the services described In section 11 of this Agropment; and (2) from any claim that porsonal injury, damages, Just oompensation, restitution, judicial or equitable relief is dues by reason of the torms afar effects arising from this Agreement. This Indemnity and hold harmless agreemprit applies to all claims for damages, just cornpen.sation., .restitutlan, 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 teras of, or effects, arising from this Agreement. 'rho Consultant 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, judiclal or oquitable 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, 7. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, Its officers, agents, representatives, and employees against any and all liability, Including costs, for infringement of any United States' letters patent, trademark, or copyright Infringement, €holud.ing casts, contained In the work product or documents provided by Qonsultant to the City pursuant to this Agreement. 8, RECORDS Consultant shall keep records and invoices In connection with the work to be performed under this Agreement, Consultantshall maintain complete and accurate records with respect to the costs incurred under this Agreement and any aervicea, expenditures, and disbursements charged to the City for a minimum period of three {) yearn, or fop any longer period required by law, from the. date of final payment to Consultant under this Agreement, All such records and Invoices shalt be clearly Identifiable. Consultant shall allow a representative ofthe City ta. examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant Linder this Agreement. 9, CONFIDENTIALITY If Consultant receives from the City Information which due tothe nature of such information is reasonably understood to be conf€dent€af and/or proprietary, Consultant agraes that it shall nrat uao or disclose such Information ekcopt in the perPorrnance of this Agreement, and further agrees to exercise the same degree of care 1't uses to protect its own 'information of like importance, buk lil no event less than reasonable care. "Confident€al Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visuaily, el.actronically, or by ether means, Confldential 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 informati To City, Clerk of the City Counell City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa. Ana, CA 02702µ1988 Fax 714- 647-.6956 With courtesy copies to:, Executive Director — CDA City of Santa Anna 20 Civic Center Plaza (M.) P.O. Bax 1988 Banta Ana, California 92.702 Fax 714- 647 - and City Attorney City of Santa Ana 20 Clvic Center Plaza (M-29) P.O. Oax 1988 Santa Arta, California 92702 Fax 714.647-6515 To Consultant; A party may Changs Its address by giving notice, in writing to the other party, Thereafter, any communication shall be, addressed and transmitted to the new address, if seat by mall., communication shall be effective or deemed to have been given three (3) days alter it has been deposited Ih the united States mall, duly registered or certified, with postage prepaid, and nddrassed as set forth above. if sent by fax, communication shall he effective or deemed to have been given twahty 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.af calculating these time frames, weekends, federal, State, County or City holidays shall be excluded. 12. EXCLUSIVITY ANIS AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of o .conflict between the terms 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 Consultant. The parties agree that any torms or conditions of arty purchase order or other instrument that are incanslstent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each perky to this Agreement acknowledges that no rep rose ntotio ns, inducements, premises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which ore not embodied herein. 11 ASSIGNMENT inasmuch as this Agreement is intended to secure the specialized services of Consultant,. Consultant may riot assicdn, transfer, delegate, or subcontract any Interest herein without the prEor 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 iii this Agreement shall be construed to limit the City's ablilty to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City, 14, TERMINATION Tills Agreement may be terminated by the City upon thirty (30) days written. notice of termination. In such event, Consultant shall be erafitied to receive anti the City shall pay Consultant compensation for all services performed: by Consultant prior to receipt of such notice of termination, subject. to the following coiiditions: a. As a condition of such payment, the Executive Director may require. Consultant to deliver to the City all work product completed es of such date, and lig such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance .specified In the recitals of this Agreement. 15, DISQRI ViINATION Consultant shall not discriminate because of race, color, c<reed, religion, sex, marital status, sexual ortantaition, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or ether employment rola.ted activities, Consultant affirms that it is an equal oppnrtunity employer and shall comply with all applicable federal, state and local laws and .regulations. 15. 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 Cotrinty,. 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. 17. PROFESSIONAL LICENSES Consultant shall, throughatat 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 Callfornia, the City of Santa Ana and.. all oto er governmental. agencies, Consultant shall notlfy the City imMediataly and in writing of its inability to obtain or maln.tain such permits, licenses,. approvals, waivers, and exemptions, Said inability shell be cause for termination of this Agreement. 18. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority end right to bind their respective parties to each of the terrns of this Agreement, and shall Indemnify City fully, including reasonable costs and. attorney's Bees, for any injuries or damages to 01ty 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. {Signature Page FollowV IN WITNESS WHEREOF, the parties herato have executed thIs Agreement the data and year fir&t above written. ATTEST, CITY OF SANTA ANA MARIA D. HUIZAR nth ia' KurV Clerk of the Council Interim City Manager APPROVED AS TO FOM -SONI R LHO City 0 By: Ry� h. -10 0 A go City A orney RECOMMENDED FOR APPROVAL: D City . MCaV On o—rZ � Community Development Agehcy EXTERIOR PRODUCTS., [NO, �RICF5ffTff�SON Principal. CA License # 947006. EXHIBIT A SCOPE OF SERVICES. 1( xterior Products, Corp. 1831 North Shepard Street Anahelrnr CA 92$16 Phone. (7'14) 6$2-M9 Fam (71 1) 632-5599 email: ��x�sxdS website: Ylor roduot roll f aam Bill To: CRY of Santa Ana Adrrll.nistNitive Services Division M-25 20 Civic: Center Plaza Santa Ana, CA 92701 Contact, 'victor regrets Phone: 71:4.647-5479 email �P.neoretaMMp,q Estimate Da to 006O73 2/3/20.7 6hlp To., American Flag Installatlbn On 4th Stroat between French and Ross Santa Ana CA Contact: Terri Rggers Cell; 71.4^047-5370 e-mail. Three Year F1,49 Agreement 35 Arhorlc" Flag Service: Irldudes Labor, machinery to Install, remove &store 35 American Flags. includes Pout- (�) new replacement flags and two (2) replacement cWslc wand pales each year. Holidays covered are: Mairtirt Luther King Jr. Day Presidents Day Memorial Day Indepondence Day Lobar Day & Sept 11th Veterans Day 2017 4,100.00 2018 4,400.00 Payrriobt remitted In full one time; per year on.Juiy ist, i Note; InclMdual dates will change slightly for 2018 & 2019 Contractor's Ltcense Ik N1 066 Tax ID # 27-1.383763 Subtotal 4 410410.(30 quote Valld Until, 3/5/201,7 — 7,75°lo Tax CuptornorApproval Freight m_� Sign, email or fax to 714-63a-3589 Total 4 4i7Q,Q(1 Seller Signature: uric Peterson Title: Prtnclpal Pdyabte on July 1st each year4 4p( U E,L ... Please sign tido-estimate and t';ax Co; 714-632-3569 t..p It7dlc;ate yourapproval, Our dez�l r's" survey results and confidential quotes are not to be goPled, shared or distributed. This Is a�conPl...,.,,ti ..............pica,ion y dentlai communication Par tho lntanr�ed recipient and a communication privlleged by taw, Canceflation subject to 1500 .restocking Fee, This contract shM be construed and governed tin ar„cordanceIth the laws of the State or CA, Not gs� ParPnership .or Joint Ventura, Arbitration nr.latspvtes- any dispute ar claim in law ar equity arisinrg out oP thts agreerrlenC be decided by neutral tndtng arW ratlon. The unsuccessful a y in such, action gggreas to reimburse tho successful party therefn Par Its masenaba a expenss,t and attorney's fees, Contractor not responsl le�or vanda4sm or, Acta of G6d, l t R M AODITIQNAL INSUR D ENDORS M NT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance This endorsement modifies such Insurance as is afforded by the provisions of Policy t relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701, its offlcers, employees, agents; volunteers and representatives are named as additional Insureds ("additional Insureds' with regard -to llability and defonso of suits arising from the operations and uses performed by or on behalf of the narned insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such Insurance as is affiorded by this policy is primary and is not additlonai to or contributing with any other Insurance carried by or for the benefit of the addltional Insureds. 1 This ln�uranoe applies separately to each insured against wham claim is made or suit is brought except with rospect to the corrrpany's limits of liability. The Inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant Knot so included,. 4. With respect to the additional insureds, this Insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Arta, California 92701. (Completion of the foilowing, Including countersignature, is required to make this endorsement effective,) FfTective , this endorsement farm as a part of Policy Issued to Named Insured Countersigned by Authorized Representative fi 1117t2t117 CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS [IKON THE CERTIFICATE HOLDER.. THI CaRTiFBELOW. ATE DOES NOT THIS CERTIFIICATEFIRMATIVELY OF INSURANCE �SI�LCON$ T A �%INOR ALT911 THE CTRACT BETweEN THE SUING INSURER($)VERAGE AFFORDED BY THE POLICIE tAUTHORIZE REPRIESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLMR. IMPORTANT,, If the certificate. holder Is an ADD(Ppp �t1��+��1l 11r j ��rlr�st be endorsed, If SUBROGATION IS WAIVED, subject to It terms and condltlons of the policy, certain polka# 4MRi a plyde r ni A 9tatornent on this certificate deari not actrifei rights to !t Brunot and Lopez Insurance Agency PHONE FAX 1018 Kraemer Blvd, Sto 218 >? r�ai1 A 0lellitsClstaterrtt.__ Placentia, CA 51870 r. Mrd iJi ET . AFFID OINQ COVERAGE MAIC diq =, ..aw_._.,a ..... License 000207 __ __._ 1USuta ae,__AlliaE Inssart?Ge toniLtn 1 2 . Y ..._._.__ W_W _ .��. ----- lraauRa Exterior Product Corporation n—U . 1031 N Shepard St � su u..._._.._.. e .------- Anaheim, .. - AtteYieL3°n, CA MOO ------------ SUR RF: COVERAGES CERTIFICATE fdtlMBEifi: REVISION NUMBER: THIS .IS TO CERTIFY THAT THE POLLCIES OF INSURANCE, LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE PO€.ICY PERIOD INDICA-I"ED. NOTNTHSTAN DING ANY REQUIREMENT, TERM OR CONDITION OF ANY'CONTRACT OR OTHER DOCUMENT YVITH RESPSCT TO WHICH THIS CER'nFICATE MAY 13E ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDER BY THE POLICIES DESCRIBED HEREIN IS 9UBJECT TO ALL THE TERMS, EXCLOSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN RWUCED BY PAIS) CLAIMS. y-R�B&�rP4Pt rm)4 S.td4 "II - - e....._a_a.xe: 3°3i%3Pi23E'C�Ri"#RRt`d R1 X i:i3FIVE YEN E.i„EACH A OENT �5 �ttiF[CLUU7 Ti#A_ �C�tY ia� i }31 I EL DISEASE -EA Eb3PLC'Lti S EL GFSEASIF -POLICY LIMIT S C S"a1�T1 N7�F Cr�ERATILkVS 7 F,f}CATiQN f v iilCt,BS tAttaoh AGOAD 301, Addifloont Ramodm 94*Avlo, If matt npao* It r*cturr t Extarlor € otDrating - 30 day notice of cancellation The City �f Santa Ana, Southern Callfarniar 6dison, and their respective ofri rs, employees, agents, volunteers, and representatives are named as additional Insureds (vith regard to Itaiallity and defense of sults arising from the operations and uses performed by of on behalf of the named insured, This insurance is primary and is not additional to or contributing with ,any rubor insurance by of for the benefit of the odditional insureds, The City of Santa Ana,, Community Developments Agency SIIQU(O ANY OZF THE AIBOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DAYS 714H7EOr, NOTICE WILL SE DELIVERED IN Administrative Services Cattislon M-26 ACCOFkDA NOV WTHTHE POLICY PR=SIONS, 20 Civic Center Plaza AUTHOR llLIi'M E Santa Aria, CA 92701 01988.2010 ACORD CORPORATION. All rights torted. ACdRT3,2 {090f46} The ACORD name and 1crco aro lstnrer3 marks eaf AOOR ,rj✓I�+� VM; COMMERCIAL QENF_f?! m MIUTY �Ii�h1IS��, A o�urrlrlu �6 .I CII,AIAhrAgE vw. CiCCUP __. PERSONAL&ADVINJUNY._, 19 VLA RECLAItLIMiTAPPLIESPER, i PRODUCTS CM € # PR Loc .. .._ .». - $ OMOBI€,R L1A18111TY Y COMEHNEDSINGL A!!Y AUTO EC}®ItY1NJ JRY {per ptsrtj t $ LLCPANED " ° ; AC EDOL 0 1 S30O L Y INJURY (l� W ov)' $ 1381E163 0.413(17tcl2D13I T IZ)ViI r3ALMOS HREf2AU O ggTl'` tm"t AUTW '1JM9RW,LAL1Ae =UR VXC 5 LIAO 7 # A3S•hikiJC AWRF-GATE y-R�B&�rP4Pt rm)4 S.td4 "II - - e....._a_a.xe: 3°3i%3Pi23E'C�Ri"#RRt`d R1 X i:i3FIVE YEN E.i„EACH A OENT �5 �ttiF[CLUU7 Ti#A_ �C�tY ia� i }31 I EL DISEASE -EA Eb3PLC'Lti S EL GFSEASIF -POLICY LIMIT S C S"a1�T1 N7�F Cr�ERATILkVS 7 F,f}CATiQN f v iilCt,BS tAttaoh AGOAD 301, Addifloont Ramodm 94*Avlo, If matt npao* It r*cturr t Extarlor € otDrating - 30 day notice of cancellation The City �f Santa Ana, Southern Callfarniar 6dison, and their respective ofri rs, employees, agents, volunteers, and representatives are named as additional Insureds (vith regard to Itaiallity and defense of sults arising from the operations and uses performed by of on behalf of the named insured, This insurance is primary and is not additional to or contributing with ,any rubor insurance by of for the benefit of the odditional insureds, The City of Santa Ana,, Community Developments Agency SIIQU(O ANY OZF THE AIBOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DAYS 714H7EOr, NOTICE WILL SE DELIVERED IN Administrative Services Cattislon M-26 ACCOFkDA NOV WTHTHE POLICY PR=SIONS, 20 Civic Center Plaza AUTHOR llLIi'M E Santa Aria, CA 92701 01988.2010 ACORD CORPORATION. All rights torted. ACdRT3,2 {090f46} The ACORD name and 1crco aro lstnrer3 marks eaf AOOR ,rj✓I�+� VM; �- 101 7 -141 Fax: (714)647-6549 /" eC>R& CERTIFICATE 4F LIABILITY INSURANCE J.DATE(MMIDDIYYYY) 04118/2017 1 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 Ileu of such endorsement(s). PRODUCER Philip B. Robinson Insurance 23185 La Cadena Drive, Suite 901 Laguna Hills, CA 92653 CONTACT Phii Sie er PHONE E (g49j474-9300 FAX No; {949 474-8991 E-MAIL(AIC ADD s: phils@pbrinsurance.com POLICY EXP MMIDD License #: OB39032 INSURERS AFFORDING COVERAGE NAIL INSURERA: We Americannce C an 24074 Y INSURED EXTERIOR PRoaucTs CORPORATION INSURER B: American Fire & Cgsualty Company 4066 INSURERC: National Liability & Fire Insurange Co EP MANAGEMENT, INC MSURERD: 1031 N Shepard St INSURER E: Anaheim, CA 92806 INSURER F: not rrn � nrn ........._.....- . ............_ __ 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, EXCLUSIONSAND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF M.,QYYYV POLICY EXP MMIDD LIMITS A X COMMERCIAL GENERAL LIABILITY Y BKD56480133 0412312017 04/23/2018 EACHOCCURRENCE $ 1 '000,000 CLAIMS-MADEN OCCUR DAMAGE ATSPS� a occurrence S 500,000 MED S.XP (Any cna person) $ 15,000 PERSONAL & ADV TNJURY $ 1 000 000 GEN'L AGGREGATE LIMIT APPLIES PER: 7 PRO- 1 1 GENERAL. AGGREGATE S 2 000 000 PRODUCTS • COMPlOP AGG S 2 000 000 POLICY JECT LQC OTHER; $ AUTOMOBILE LlARILITY COMBINED SINGLE LIMIT Ea accident $ ANYAU70 BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accldenq $ _ AUTOS AUTOS HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE S Por accEdenl S UMBRELLA LIAR X OCCUR Y ESA56480133 04123/2017 04/2312018 EACH OCCURRENCE= $ 2,000,000 X EXCESS LAB CLAIMS -MADE AGGREGATE $ 2,000,000 PED RETENTION $ $ G WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y V9WC811307 0510112017 0510112018 X s aTur� OTH. ! N ANY PRO?RIE'TDRlPARTNERIFXECUT;VE OFFICERIMEWER EXCUJDED9 ® N I A E.L. EACH ACCIDENT $ 1,000 0O0 f yes, describe under If es,dtorybeund E.L. DISEASE - EA EMPLOYE $ 1,000,000 E.LDISEASE- POLICY LIMIT $ 1,000000 DE SCRIPTIONOFOPERA710NSbelow DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (ACORD 101, Ad ditional Remarks Schedala, may bo attached if more space Is requ tredl Exterior Decorating*30 Day notice of cancellation except 10 day for nonpayment of premium The City of Santa Ana, Southern California Edison, and their respective officers, employees, agents, volunteers and representatives are named as additional insureds with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. This Insurance is primary and is not additional to or contributing with any other insurance by or for the benefit of the additional insureds. CE The City of Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Community Development Agency THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN `y p y ACCORDANCE WITH THE POLICY PROVISIONS, Administrative Services Division m-25 20 Civic Center Plaza AUTRORIZED REPRESENTATIVE Santa Ana, CA 92701 PDS 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD Printed by PDS on April 18, 201„7 at 01:33PM %lig 6., ).As 1-7 This endorsement modifies insurance provided under the following, AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provAded by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "Insureds" for Covered Autos liability Coverage under the Who Is An Insured prevision of the Coverage Forms This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date Is indicated below. Name, Of Person(s) Or Orgn`ati(s): THE CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY ADMINISTRATIVE SERVICES DIVISION M-25 0 CIVIC CENTER PL SANTA ANA, CA USA 927014058 Information required to complete this Schedule, If not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph kl1 of Section tt — Covered Autos liability Coverage in the Business ,auto and Motor Carrier Coverage Forms and Paragraph D2 of Section f — Covered Autos Coverages of the Auto Bailers Coverage Form. A 20 48 1013 0 Insurance Services Office, Inc., 2011 Pap 1 of Y Insured ruli Copy Policy Number: BK056480133 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 " 1 NON -OWNED WATERCRAFT 2 PROPERTY DAMAGE LIABILITY - ELEVATORS 2 EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) z 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" g WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORSIMALPRACTICE AND WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES g 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 - 8 WHEN REQUIRED IN A CONTRACTOR AGREEMENT WITH YOU © 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 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 Linder 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, olevators 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 Genera[ 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 (i€) 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 damage" to contents 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 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 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 Dented To You as described in Section 111 - Limits Of Insurance, 2. Paragraph 6. under Section IIT - 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 poiicy 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 11 - 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 your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily injury" or "property damage" occurs, or the "per- sonal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or © 2013 Lberty 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 (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 materiafs, 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. O 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 reader, 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 addltional 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: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. © 2013 Liberty Mutual Insurance CC 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. E=xcess 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 foss 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 health care ser- vices Is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not apply, Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee's" job responsibilities assigned by you, Includes the direct supervision of other "employ- ees" of yours. However, none of these "employees" are insureds for "bodily injury" or "personal and O 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 8 b 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 S 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. 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 fisted 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" shali 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 person. This includes menta! anguish, mental injury, shock, fright or death that results from such physical injury, sick- ness or disease. O 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 Fights 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 Inciuclos copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 8 WORKERS COMPENSATION AND EMPLOYERS LIAWLITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT—CALIFORNIA WC 04 03 06 (Ed. 4-84) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be L(L _% of the California workers` Compensation premium otherwise due on such remuneration. Person or Organization Blanket Waiver -Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver, Schedule Job Description All CA Operations This endorsement changes the policy to which it Is aftached and is effective on the date issued unless otherwise stated. (The Information below Is.required.only when this endorsement Is issued subsequent to preparation of the policy,) Endorsement Effective Policy No. V9WC81130 Endorsement No. Insured Insurance Company Countersigned By ©1998 by the Workers' Compensation Insurance Eating Bureau of Callfornia, All rights reserved,