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Home My WebLink AboutSuperior Property Services Inc. - 2022-05-01 SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND SUPERIOR PROPERTY SERVICES INC. FOR CITYWIDE GRAFFITI ABATEMENT SERVICES THIS AGREE1%,11=.NI- ("Agreement') is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter called "City,' and Superior Properly Services, Inc., a California Limitcd Liability Company, hereinafter referred to as "Contractor." Recitals A. The City desires to retain it Contractor haying special skill and knowledge in the graffiti abatement. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that anv services performed by Contractor Under this Agreement will be performed in compliance with such standards as may reasonably be expected from a comparable company or firm in the field. Contractor has been selected to perform these services pursuant to Huntington Beach MUnicipal Code Chapter 3.02. NON, THEREFORE, it is agreed by City and Contractor as follows: I. Scone of Services Contractor shall provide all services as described in Exhibit "A." which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "Project." Contractor hereby designates Nancy Hernandez, who shall represent it and be its sole contact and agent in all consultations with City durin- the performance of this Agreement. 2. City Staff Assistance City shall assign a staff coordinator to work directly with Contractor in the performance of this Agreement. 22-11148/278133 1 3. Compensation a. City agrees to pay; and Contractor agrees to accept as total payment f'or its services, the rates and charges identified in Exhibit "B." The total sum to be expended tmder this Agreement, shall not exceed One Hundred Seventy Five Thousand Dollars ($175,000) per year (12 month cycle) for any one year during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. C. Contractor shall be paid pursuant to the terms of Exhibit "B." 4. "Perm Time is of the essence of this Agreement. The services of Contractor are to commence May 1, 2022, or as soon as practicable after the execution of this Agreement by City (the "Commencement Date") and terminate April 30, 2027, unless terminated earlier in accordance with the provisions of this Agreement. Contract may be extended for 2 additional two-year periods if mutually agreed to in writing by both parties. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule and Term may be amended to benefit the Project if mutually agreed to in writing by City and Contractor. In the event the Commencement Date precedes the Effective Date, Contractor shall be bound by all terms and conditions as provided herein. 5. Extra Work In the event City requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit"A," Contractor will undertake such work only after receiving written authorization from City. Additional compensation for such extra work shall be allowed only if the prior written approval of City is obtained. G. Disposition of flans Estimates and Other Documents Contractor agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, date or programs, maps, memoranda, letters and other documents, shall belong to City, and Contractor shall turn these materials over to City upon expiration or termination of this Agreement or upon Project completion, whichever shall occur first. These materials may be used by City as it sees fit. 22-111481278133 2 7. hIold Harmless Contractor hereby agrees to protect, defend, indemnify and hold harmless City, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all claims, damages, losses, expenses,judgments, demands and defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to Contractor's employees and damage to Contractor's property, arising directly or indirectly out of the obligations or operations herein undertaken by Contractor, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the City. Contractor will conduct all defense at its sole cost and expense and City shall approve selection of Contractor's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 8. Workers Compensation Insurance Pursuant to California Labor Code Section 1861, Contractor acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; Contractor covenants that it will comply with such provisions prior to commencing performance of the work hereunder. Contractor shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. Contractor shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. Contractor shall furnish to City a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and Contractor shall similarly require all subcontractors to waive subrogation. 9. General Liability Insurance In addition to the workers' compensation and employer's liability insurance and Contractor's covenant to defend, hold harmless and indemnify City, Contractor shall obtain and furnish to City, a policy of general public liability insurance, including motor vehicle coverage covering the Project/Service. This policy shall indemnify Contractor, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out of or in connection with the Project/Service, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, 22-II148/278t33 3 the aggregate limit must be no less than One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this ProjecUService. This policy shall name City, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the Project/Service shall be deemed excess coverage and that Contractor's insurance shall be primary. Under no circumstances shall said above-mentioned insurance contain a self- insured retention; or a "deductible" or any other similar form of limitation on the required coverage. 10. Automobile Liability Insurance Contractor shall obtain and furnish to City an automotive liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for Contractor's automotive liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and a separate "Additional Insured Endorsement" page listing both the policy number and naming the"City ojF/untinglon Beach, its officers, elected or appointed officials, employees, agents and volunteers" as additional insured on the endorsement. The above-mentioned insurance shall not contain a self-insured retention, "deductible" or any similar form of limitation on the required coverage except with the express written consent of City. 11. Certificate of Insurance Prior to commencing performance of the work hereunder, Contractor shall furnish to City a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: a. provide the name and policy number of each carrier and policy; b. state that the policy is currently in force; and C. promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. Contractor shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by City. This requirement for carrying the foregoing insurance coverage shall not derogate from Contractor's defense, hold harmless and indemnification obligations as set forth in this Agreement. City or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. Contractor shall pay, in a prompt and titnely manner, the premiums on the insurance hereinabove required. 22-111481278133 4 12. Independent Contractor Contractor is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of City. Contractor shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for Contractor and its officers, agents and employees and all business licenses, if any, in connection with the Project and/or the services to be performed hereunder. 13. Conflict of Interest Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 14. '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 steal I pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: I As a condition of such payment, the 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 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. Exclusivity and Amendment This Agreement represents the complete and exclusive statement between the City and Contractor, 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 terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terns 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. 22-111481278133 16. Assignment Inasmuch as to 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 Contractors retained by City. 17. City Emplovees and Officials Contractor shall employ no City official nor any regular City employee in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. Is. Notices Any notices, certificates, or other communications hereunder shall be given either by personal delivery to Contractor's agent (as designated in Section 1 hereinabove) or to City as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses below. City and Contractor may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable ovemight carrier or U.S. certified U.S. certified mail-return receipt requested: To City: Contractor: City of Huntington Beach Superior Property Services Attn: Director of Public Works Attn: Ron Bruneck 2000 Main Street 9129 Perkins Street Huntington Beach, CA 92648 Pico Rivera, CA 90660 19. Consent When City's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the sarie or any other transactions or event. 20. Modification No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 22-11148/278133 6 21. Section Headings The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 22. Interpretation of this Agreement The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the panics have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 23. Duplicate Original The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 24. immigration Contractor shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 25. Legal Services Subcontracting Prohibited Contractor and City agree that City is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. Contractor understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for City; 22-111481278133 7 and City shall not be liable for payment of any legal services expenses incurred by Contractor. 26. Confidentiality Contractor recognizes that in the performance of its duties under this Agreement, it must conduct its activities in a manner designed to protect information of a sensitive nature from improper use or disclosure. Contractor warrants that it will use reasonable efforts consistent with practices customary in the facilities management industry in recruiting, training and supervising employees and in otherwise performing its duties hereunder in order to achieve this result. In the furtherance of this, Contractor agrees, at the request of the City, to require its employees to execute written undertakings to comply with the foregoing confidentiality provision. 27. Discrimination 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. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 28. Jurisdiction—Venue This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be govcrmnent and construed in accordance with the laws of the State of California. 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. 29. Professional Licenses Contractor shall, through 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 Huntington Beach and all other govemmental agencies. Contractor shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shrill be cause for termination of this Agreement. 22-11148/278133 30. Attorney's Fees In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing party. 31. Survival Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 32. Governing Law This Agreement shall be governed and construed in accordance with the laws of the State of California. 33. Signatories Each undersigned represents and warrants that its signature hercinbetow has the power, authority and right to bind their respective parties to each of the terns of this Agreement, and shall indemnify City fully 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. 34. Entirety (a) The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement warranty, fact or circumstance not expressly set forth in this Agreement. (b) All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 22-11148278133 9 i 35. Effective Date IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through their authorized officers. This Agreement shall be effective on the date of its approval by the Mayor. This Agreement shall expire when terminated as provided herein. CONTRACTOR CITY OF HUNTINGTON BEACH,a SUPERIOR PROPERTY SERVICES,INC. municipal corporation of the Sta of Calif 'e By Mayor 'Zuw Print name ITS: (circle one)Chai ident/ liGl Vice President City Clerk By: ' A C� INITIATED AN PPROVED: Prm aFne, ITS: (circle Sec Chief Financial Officer/Asst. Secretary-Treasurer Director of Public Wo s APPROVED AST . leap Tity AttorneyED AND APPROVED: City Manager 22-11149/271133 10 li EXHIBIT A Citv*' of Huntinuton Beach Graffiti Abatement Services February 28, 2022 SUPERIOR Superior Property Services, Inc. 9129 Perkins St. Pico Rivera, CA 90660 (562) 801-9200 FAX (562) 801-9230 (800) 741-2532 Website: www.4suMrior.com Experience Superior has provided the highest quality, pressure washing and graffiti abatement services for over two decades. Superior's graffiti abatement contracts with the Cities of Anaheim, Irvine, Laguna Niguel, Lake Forest, Duarte; Counties of Los Angeles and orange are some of the largest contracts in the State. Superior provides innovative approaches in all areas of pressure washing and graffiti abatement, rarely found in our industry. �51�'.� � 9f .G fC.0 •f Superior Facts: o California Corporation Ron Bruneck, President& Founder o In business since 1993 o Currently employ 41 full time people o Licenses: C33; C61/1)38 and B General Contractor o Hazwoper/Hazmat Certified o Pico Rivera Corporate Offices &warehouse o Anaheim office &warehouse D This RFP shall be incorporated in its entirety as part of our proposal. Y This RFP and proposal will jointly become the Scope for Professional Contract Services. Superior shall adhere to all state or local laws and regulations. In case of conflict between federal, state, or local laws or regulations, the strictest shall be adhered to. Y Superior has undergone NPDES training as required by the State of California and has adopted Best Management Practices (BMP's) as outlined by the California Regional Water Quality Control Boards for Los Angeles County and Orange County. i Experience/Client References (Partial list) County of Los Angeles City of West Covina 1997 -Current Fiscal Year 2008--2011 Graffiti Abatement] raftiti Abatement County of Orange City of West Hollywood 200 it Fiscal Year 2009-Current Fiscal Year Graffiti Abatemen Skiewalk Cleaning 1 City of Lake Forest City of Irvine ,^�414--Gumca Fiscal Year 2014-Current Fiscal Year raffiti Abatemen Pressure Washing fti Abatement , City of Laguna Niguel City of C ress 2014 _Curr nt Fiscal Year tti Abatement tU Abatements City of Colton City of Simi Valley 2006-2009 2010-Current Fiscal Year Graffiti Abatement Graffiti Abateme City of Orange City of Santa Ana(Police Department) 2010__Qurrenl Fiscal Year 2004-�2008 �Graffrti Abatemen� Pressure Washing c e a Santa Ana Chamber of Commerce 2010 Business Reference raffiti Abateme County of Orange Parks & Trails Downtown Long Beach Assoc. 2010 2014 Bike Trail Clean up Sidewalk Cleaning City of Seal Beach Santa Ana Chamber of Commerce 2010 Business Reference Sidewalk Cleaning California State Sacramento University California Los Angeles University of Irvine Campbell School District Los Angeles Federal Building Riverside County Riverside Transit Authority OC Head Start i City of Lake Forest pow weepft Job Description: CombinE --rvices; Cyclone Cleaning and M-20 sweeper. Various city parKs euiu tuwa"ai areas. f I City of UAnta A no i I I r PM Job Description: Weekly i hall areas around Orange County Superior Court. Combination of pressure washing services; Cyclone Cleaning and M-20 sweeper. As a result of the increase homeless population Hazmat training required. rite Af A..ol.o:... 200 25 2 0 { Job Description: Graffiti rei__- ._ .j ...., 10 Uf painting and pressure washing throughout the City of Anaheim. Anaheim is the largest city in Orange County. I San BernarO;-- -` " ' "chool District 1 lnaua Rernow/ Job Description: Cleaning Additional References City of Duarte Gerard Batista 626-357-7931 City of Irvine Lora Rivera 949-724-7707 County of Orange Forest DeSpain 714-955-0347 Ronald L. Bruneck President& Founder Mr. Bruneck began his career in real estate sales and property management in 1974, during which he was responsible for a portfolio of over 2,500 residential units and numerous commercial properties. He obtained his real estate broker's license in 1976, owned and managed Lanco Property Management until 1992 when he started CDS Maintenance, later becoming Superior Property Services in 1994 Mr. Bruneck attended USC and holds a bachelor's degree in Business Administration. Obtained his California State Contractors License (C-33) in 1993 and is certified as a HAZWOPER/HAZMAT Trainer per (29CFR1910.120} & {49CFR172.704}. Mr. Bruneck and his wife of 35 years have been Orange County residents for more than 30 years, where they raised two sons. Nancy Hernandez 1,';te President of Operations Her years of experience in all aspects of the maintenance business have resulted in a responsive and knowledgeable manager. Being bilingual enables her to communicate with the employees giving them directions and new ideas to complete the work needed. Ms. Hernandez directly over sees the office staff and is responsible for all employees, with supervisors reporting directly to her. She also is responsible for scheduling work and accounts receivables. Ms. Hernandez is an integral part of the Superior operation and family and has been for over 20 years. Experience: Lanco Property Management 1991— 1992 CDS Maintenance 1992 — 1993 Superior Property Services, Inc. 1993 — Present Education: Santa Ana Valley High School 1994 Orange Coast College 1994 — 2000 Business Major Language: English & Spanish Nancy would be the prime point of contact for this contract Chris Bruneek Supervisor Chris understands the importance of maintaining Superiors high standards of service and quality of work. Chris has a passion for soccer, enjoys music and working out. Experience: Superior Property Services, Inc. 2003 ` Present CSL Silicone Certified anti-graffiti coating applicator Cyclone Trained Operator 2017 Completed 40-hr. Hazwopper worker training Completed 24-E.R. Technician training Completed 8-Hr Hazwoper Supervisor training Certified Master Applicator for Coatings 2016 CSL Silicones Approved Applicator 2014 Education: Tustin High School 2005 Santiago Community College 2005 — 2006 Woodbury University 2006 — 2007 Francisco Cuenca Operations illunaxerlOua ifyAssurance He is very familiar with the requirements of our City of Santa Ana contract and the areas serviced. Mr. Cuenca responsibilities include the operations of all our contracts and reports directly to our VP of Operations. Experience: Superior Property Services, Inc. 1999— Present Janitor Janitorial Supervisor Pressure Washer Graffiti Abatement Graffiti Abatement Crew Supervisor Operations Manager & Quality Assurance Supervisor Pending Completion of 40-hr. Hazwopper worker training 11 I Superior Surface Cleaning Solutions Superior is deeply committed to providing solutions that enhance the quality of life in our local connmmnities and operating in a way that recognizes the impact we have on our environment. Though it is nearly impossible to prevent graffiti,you can avoid the accumulative property damage and costs associated with its constant abatement. With the use of our Anti-Graffiti films; Coatings or specialized equipment you can easily and immediately remove unsightly graffiti leaving the original surface literally as good as new. Many of these products are offered exclusively by and through Superior Graffiti Solutions. Additional Services; Products & Equipment Anti- Graffiti Coatings Specialized Equipment Sacrificial coatings Spectrometer Color Matching Non-sacrificial coatings Low Pressure Sand Blasting Clear& tinted coatings Tornado Advance Cleaning System Superior ProtectAll Handheld cordless paint sprayers Graffiti Removal Products Anti-Graffiti Films Mural Protection Glass Restoration Superior & City of Huntington Beach Working Together Using the most modern Technology to Provide the Cleanest Environment in California. ✓ Superior Products ✓ Superior Equipment ✓ Superior Services Superior's Vehicles' & Pressure Washers We use newer full size 3/4 ton flatbed trucks equipped with pressure washers capable of achieving up to 4,000 PSI; 6 GPM; water recovery & recycling and 400-gallon water tanks. We have electric vehicles for patrolling and removing graffiti in downtown areas and parking garages. imp M- MAXVAC Vanguard MV 2000 MMAc Superior is proud to introduce our NEW MV2000 VANGUARD urban waste vacuum machine,developed especially to satisfy the needs of our customers. At C V i SUPERIOR i.If11IF 1V II10A` SUPERIOR MURAL PROTECTION e -b Unity in the Bond of Peace Mural Los Angeles 2020 e Sponsored by Superior properly Services /l y ' r i 1 1 � We protect and preserve public art ATTACHMENT "A" WEB BASED WORK ORDER MANAGEMENT SYSTEM Contractor shall provide a real-time web based work order system for receiving,tracking,and closing work orders which City personnel may access. System must allow multiple photos per work order number. Work orders shall include: Location or address GPS coordinates of location City work order number Before and after photos Date and time of work performed Date and time request was made Response time in hours The name of the person repotting the graffiti (if applicable) The phone number of the person reporting the graffiti (if applicable) Square footage Surface type Public or private property Brief description of graffiti Description of remedy Police report number(if applicable) Work order system shall include personalized and secure client logins, and City personnel may monitor City work orders and projects. Location shall include a Global Positioning System (GPS) link attached to Google or other commonly used online mapping application. 11 V SUPER101 uses the best graffiti tracking systems available GeoPal GeoPal is a customizable mobile workforce management Android application that connects field workers, directly with the office. GeoPal provides a mobile workforce optimization solution that increases field worker productivity while significantly reducing administration costs. PIP TAGRS 1 594 Graffiti i Graffiti Tracking www 594craffiti.com Tracking and Automated Graffiti Reporting System (TAGRS) TAGRS data management solution designed specifically for law enforcement agencies as well as city municipalities -�,O�v W$L� Superior's own Clean My Graffiti, web- based system for reporting and removal of I I I graffiti from private property. C1rANMY4NAFFliI CCll -� -- 1 GeoPal 13839 Graffiti Removal- Laguna Niguel Completed Juan Ortiz 2' States Project Id Project Name Project Owner Location job Notes Photo Asset Percentage Received 54 Prefered Start Time Prefered End Time Assigned To Juan Ortiz Assigned Time 2021-12-08 09:52:08 Assigned At 2021-12-08 09:52:59 Finished At 2021-12-08 10:31:31 Confirm Arrival at location 2021-12-08 09:52:55 Work Order# Location 2021-12-08 09:52:59 Confirm Address Dom At (from: mobile) (from: mobile) 1 (from: mobile) „ . (from: mobile) 2021-12-081028:39 (from: mobile) (from: mobile) (from: mobile) (from: mobile) Service Pressure Washing 2021-12-08 10:30:39 Surface VJall, Other 2021-12-08 10:31:19 Color I Sq, Ft. Customer Signature Complete Job 2021-12-08 10:31:31 Date Time: 2021-12-08 10:31:32 By:Juan Ortiz Completed Juan Ortiz 2021-12-08 10:31:32 Type:Jab Complete Message:Job 13839 has been set to completed By Juan Ortiz on 2021-12-08 10:31:32 Date Time: 2021-12-08 09:53:00 By:Juan Ortiz In Progress Juan Ortiz 2021-12-08 09:53:00 Type:Job InProgress Message:Job 13839 has been set to inprogress By Juan Ortiz on 2021-12-08 09:53:00 Date Time: 2021.12-08 09:52:59 By:Juan Ortiz Assigned Juan Ortiz 2021-12-08 09:52:59 Type:Job Assign Message:Job 13839 has been assigned By Juan Ortiz on 2021-12-08 09:52:59 to Juan Ortiz Date Time: 2021-12-08 09:52:59 By:Juan Ortiz Unassigned Juan Ortiz 2021-12-08 09:52:59 Type:Job Unassign Message:Job 13839 has been set to unassigned By Juan Ortiz on 2021.12-08 09:52:59 Take Photo .� ::?�;- ,. 1 �' u � �� . � =.n -'_' _ - � _ 4. t - -pp �--�---- - -�-/- =- r .. � � � �. - - - - - I ' _ -. .� !�} - 1 Y .� • y . . �--- . ._ _ __-� � I � l __ � - f - ___..__--- --------rti, '� _ � � I � i ( I J Tr- - T r �• a i I . f Customer Signature APPENDIX A REQUEST FOIL PROPOSAL. VENDOR APPLICATION FORM TYPE OP APPLICANT: NEW ❑ CURRENT VENDOR Legal Contractual Name of Corporation: Superior Property Services, Inc. Contact Person for Agreement: Ron Bruneck Corporate Mailing Address: 9129 Perkins St. City, State and zip Code: Pico Rivera, CA 90660 E_Mail Address: Ron@4superior.com Phone: (562) 801 -9200 Fax: (562) 801-9230 Contact Person for Proposals: Ron Bruneck Titic: President I.`-Mail Address: Ron@4superior.com Business Telephone: (562) 801-9200 Business Fax: (562) 801-9230 Is your business: (check one) ❑ NON PROFIT CORPORATION F-1 FOR PROFIT CORPORATION Is your business: (check one) CORPORATION ❑ LIMITED LIABQ.IrY PAR"rNERSH[P ❑ INDIVIDUAL ❑ SOLE PROPRIETORSHIP ❑ PARTNERSHIP ❑ UNINCORPORATED ASSOCIATION I oft i Names & Titles of Corporate Board Members (Also list Names &"titles of persons with written authorisation/resolution to sign contracts) Names Title Phone Ron Bruneck President (562) 801-9200 Nancy Hernandez Vice President (562) 801-9200 Federal "fax identification Number: 33-0723535 City of Huntington Beach Business License Number: i (If none, you must obtain a Huntington Beach Business License upon award of contract.) I` City of Huntington Beach Business License Expiration Date: 2 of APPENDIX 6 I GRAFFITI ABATEMENT BID SHEET Graffiti Abatement Price Quote (Monthly and Annual) (full-time) Description of Work Monthly Cost/Price Annual(12 months)Cost—/Price (numeric) (numeric) Citywide Graffiti Abatement (Monday -Friday,lam—4pm, 8 hours per day,excluding S 12,470 00 $ 149,640.00 holidays) (full-time,40 hours per week) Total Annual Cost/Price(written): One hundred forty nine thousand, six hundred and forty i Graffiti Abatement Price Quote (Monthly and Annual) (part-time) Description of Work Monthly Cost/Price Annual(12 months)Cost/Price (numeric) (numeric) Citywide Graffiti Abatement (3 days per week,lam—4pm, 8 hours per day,excluding S 8.772.00 S 105,264.00 holidays)(part-time,total 24 hours per week) Total Annual Coat/Price(written): One hundred and five thousand.two hundred and sixty four (Additional) Graffiti Abatement Price Quote (hourly) Description of Work Hourly Rate On-call / Emergency/ Weekend Graffiti Abatement Services $ 125.00 Hourly Rate(written): One hundred and twenty five APPENDIX C CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to SB 854 (citing Labor Code Section 1771.1(a)), passed by the California State Senate on June 20, 2014, established a new public works Contractor Registration Program, which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July I through June 30 state fiscal year) with the California Department of Industrial Relations (DIR). Currently the annual non-refundable registration fee for Contractors is $300. Each contractor to whom a public works contract has been awarded shall sign the following certificate. DIR FACT SHEET on SB 854 http://www.dir.ca.goviDLSE/PublicWorks/SB854FactSticet 6.30.14.pd f DIR's Contractor Registration Link—Call (844) 522-6734 https://efiIing.dir.ca.gov/PWCR/ActiotiServict?action=displayl'W CRegistrationForm DIR's Contractor Registration searchable database: littps://efiliiig.dir.ca.gov/[IWCI2/Scat-ch.action I am aware and will comply with the provisions of Labor Code Section 1771.1(a) which states: "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded." I furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL, subcontractors at the time of submitting the bid, or no later than contract award date. Superior Property Services, Inc. Contractor Nancy Hernandez By Vice President Title Date: February 28, 2022 I EXHIBIT B GRAFFITI ABATEMENT BID SHEET Graffiti Abatement Price Quote (Monthly and Annual) (full-time) Description of Work Monthly Cost/Price Annual(12 months) Coat/Price (numeric) (numeric) Citywide Graffiti Abatement (Monday-Friday,lam—4pm, 8 hours per day,excluding $ 12,470.00 S 149,640.00 holidays)(full-time,40 hours per week) Total Annual Cost/Price(written): One hundred forty nine thousand, six hundred and forty Graffiti Abatement Price Quote (Monthly and Annual) (part-time) Description of Work Monthly Cost/Price A nual(12 months)Cost/Price (numeric) (numeric) Citywide Graffiti Abatement (3 days per week, 7am—4pm, 8 hours per day,excluding S 8,772.00 S 105,264.00 holidays)(parr-time,total 24 hours per week) Total Annual Cost/Price(written): One hundred and five thousand.two hundred and sixty four (Additional) Graffiti Abatement Price Quote (hourly) Description of Work Hourly Rate On-call /Emergency/ Weekend Graffiti Abatement Services S 125.00 Hourly Rate(written): One hundred and twenty five i jh A� CERTIFICATE OF LIABILITY INSURANCE DAr3/302MN0 2ttl 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 pollcy(les)must Have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the forms 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 ondorsemanl s. PRODUCER CONTACT Arthur J. Gallagher R Co. PHONE FA>< Insurance Brokers of CA Inc.License#0726293 taa�M yAlk 949-349-9800 L-NUN:949349-9800 18201 Von Karman Ave Suite 200 E IL ap ss• Irvine CA 92612 INSURER(3)AFFORDING COVERAGE NAIC8 INSURER A:Nationwide Mutual Insurance Company 23787 INSURED SVPEPR04H INSURER B:Depositors Ins uranco Company, 42687 Superior Property Services, Inc. INSURER c 9129 Perkins Street Pico Rivera CA 90660 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:71493170 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE DEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATE(). NOTWTHSTANDWG 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 REDUCE[)BY PAID CIAIMS. INSP AM SUHR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE JUM wvn POLICY NUMBER I"Nuarrmi M LIMITS A rC ERCIALGENERALLIABILITY Y Y ACP3029630195 BnW2021 6nZ2022 FAC-HOCCURRENCE 61000,000 IAINS.MADE rx-1 OCCUR dTAAISES GET e0-REeRTE e� t 100,000 NED FXP . e. S5,000 I'ERWNALSAUVNU RY $1,000.000 GEHL AGGREGATE LIMIT APPHES PER GENERAL AGGREGATE $2OOD.000 7X POLX;y O PRO. D LOC PRODUCTS-COMPIOP AGG $2000000 Ornrn: e AU iOMOaa.E LlAealtt Y ACP3029630195 6r22n021 W212022 COMBWH 51. LINK $1,000,000 fEa m eden0 _ X ANY AUTO BODILY INJURY VNR Ml ) $ OWNEC SCHEDULED APPROVED AS CORM AUTOS ONLY AUTOS WOOLY WJURY(Pw acdwm) $ X HIRED X NON-0WWNEO PRoMRTY DAMAGE $ AUTOS ONLY AUTOSONLY By: Parrocdml A£L E. TES 5 UMORELLA LIAR CITY ATT EXCESS LIAR CITY OF HUNTINGT NBEACH Or REGCIXUtENCE S QAIM9�MApE AOGREGATE $ TIED I I RETFNTICN $ A WORKERS COMPENSATION Y ACP 3009030195 6122t2021 en212022 X PER OTH- AND EMPLOYERS'UAOIDTY YIN STATURE —TER ANWWPRIETOILPARTN[R.GXECULIVE r� NIA E.L.EACH ACCIDENT $1,000,000 OFFICERIMEUEREXCLIAEm u IMan4alUry in NH) E.1-DISEASE EA EMPLOYEE 51000,000 tl yySn OPTION OF O DESf]i1PDON OF Oi'EMTIONS Mbr El.DISEASE-POLICY DYIi $1,000000 DeSCRIPDON OF OPERATIONS I LOCATIONS I VEHICLES tACORD lei,A44WUnal W mach 5<Mdub,may De a1McEad a mare•W G N re4u4a41 The City of Huntington Beach,its officers,elected or appointed officials,emplooyyees,agents and volunteers are listed as additional Insured when agreed,Ina Written contract or mitten agreement,per attached farm.GLMOOI and GLMO02;as Well as Waiver of Subrogatlon applies agreed.Ina written contract or wrillen agreement In regards to the General LlabifitAyuper attached form,C.G7288.Additional Insured and Waiver of Subr and non-wrildbutorollailml applies when agreed,In a wdllen Contract or policy,per attatten a ched farm,CCG 20 01 04e Wat err of subroer gation applies to(helWorken Comp policy,peril ched fo mr=04p03 06104 4General LfablOty CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Huntington Heach ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Director of Public Works 2000 Main Street AU HORILED REPRESENTAIWE Huntington Beach,CA 92648 lJ � �Ib 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 26(2016103) The ACORD name and logo are registered marks of ACORD i COMMERCIAL GENERAL LIABILITY GLM 001 07 17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization s : The City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers Location(s)Of Covered Operations Citywide Graffiti Abatement Services Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Section II — Who Is An Insured is amended to in the performance of your ongoing operations for include as an additional insured the person(s) or the additional insured(s) at the location(s) organization(s) shown in the Schedule, but only designated above, with respect to liability for "bodily injury", "property B. With respect to the insurance afforded to these damage" or "personal and advertising injury' additional insureds, the following additional caused, in whole or In part, by: exclusions apply: 1. Your acts or omissions; or This insurance does not apply to "bodily injury' or 2. The acts or omissions of those acting on your ..property damage"occurring after: behalf; GLM 001 07 17 Includes copyrighted material of Insurance SeMces Office,Inc.,Win Its pemisslon. Page 1 of 2 GLM 001 07 17 1. All work,including materials,parts or equipment 2. That portion of "your work" out of which the furnished in connection with such work, on the injury or damage arises has been put to its project (other than service, maintenance or intended use by any person or organization repairs) to be performed by or on behalf of the other than another contractor or subcontractor additional insured(s) at the location of the engaged in performing operations for a principal covered operations has been completed;or as a part of the same project. All terms and conditions of this policy apply unless modified by this endorsement. Page 2 of 2 Indudes wpydghted material of Insurance Services Office,Inc.,with Its permission. GLM 00107 17 i COMMERCIAL GENERAL LIABILITY GLM 002 07 17 i THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anlzatlon s : The City of Huntington Beach, its officers, elected or appointed officials,employees, agents and volunteers Location And Description Of Completed Operations Citywide Graffiti Abatement Services Information required to complete this Schedule if not shown above will be shown in the Declarations. Section II — Who Is An Insured is amended to the location designated and described in the schedule include as an additional insured the person(s) or of this endorsement performed for that additional organization(s) shown in the Schedule, but only with insured and included in the "products-completed respect to liability for "bodily injury' or "property operations hazard". damage"caused, in whole or in part, by"your work" at All terms and conditions of this policy apply unless modified by this endorsement. GLM 002 07 17 Includes copydphled material of Insurance Services Office,Inc.,,Mlh Its pofmisslon. Page 1 of 1 I Policy No: ACP3029630195 COMMERCIAL GENERAL LIABILITY CG 20 0104 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. j PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART The following Is added to the Other Insurance (2) You have agreed in writing In a contract or Condition and supersedes any provision to the agreement that this Insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other Insurance available to the This Insurance is primary to and will not seek additional insured. contribution from any other Insurance available to an additional Insured under your policy provided that: (1) The additional Insured Is a Named Insured under such other insurance;and All terms and conditions of this policy apply unless modified by this endorsement. CG 20 01 0413 0 Insurance Services Office, Inc.,2012 Page 1 of 1 i i WORKERS COMP WC 04 03 06 04 04 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY ! WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA i 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 i 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 %of the California workers'compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description BLANKET-AS REQUIRED BY ALL CA OPS WRITTEN CONTRACT This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement Is Issued subsequent to preparation of the policy.) Endorsement Effective 6122n021 Policy NO. ACP 3039630195 Endorsement No. insured SUPERIOR PROPERTY SERVICES,INC. Premium Insurance Company Countersigned By NATIONWIDE MUTUAL INSURANCE COMPANY WC 04 03 06 04 84 Page 1 of 1 ACP WC 3039630195 LL30 INSUREDS COPY 47 0002355 Policy No: ACP3029630195 COMMERCIAL GENERAL LIABILITY CG 72 88 12 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS ENHANCEMENT ENDORSEMENT INCLUDING MEDICAL PAYMENTS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Lost Key Coverage C. Non-Owned Watercraft 1. Under Section I— Coverages, Coverage A Under Section I — Coverages, Coverage A Bodily Injury And Property Damage Bodily Injury And Property Damage Liability, Liability, coverage Is extended to include 2. Exclusions Exclusion g. Aircraft, Auto Or the following: Watercraft Paragraph(2)(a)is replaced with: If a customer's master or grand key, (a) Less than 51 feet long; and excluding electronic key card, is lost, D. Expanded Property Damage Coverage damaged or stolen while In your care, 1. For the purposes of this endorsement only: custody or control we will pay the cost of replacing the keys, Including the master lock Section I — Coverages, Coverage A and all keys used in the same lock, the cost Bodily Injury And Property Damage of adjusting locks to accept the new keys, or Liability, 2, Exclusions, Exclusion J. the cost to replace the locks, whichever is Damage To Property is amended as less. follows: 2. Limit of Insurance— For the purpose o1 this a. Paragraphs (3), (5), and (6) are deleted coverage, the most we will pay is $10,000 in their entirety. per"occurrence". b. Paragraph (4) is deleted in Its entirely B. Voluntary Property Damage and replaced with: 1. Under Section I — Coverages, Coverage A (4) Personal properly in the taro Bodily Injury And Property Damage Liability, custody, or control of the insured: coverage is extended to include the following: (a) For storage or sale at premises Al your request, we will pay for "property you own, rent or occupy;or damage" to property of others caused by you (b) While being transported by any and while in your possession,arising out o1 your aircraft, "auto", or watercraft business operations and occurring during the owned or operated by or rented policy period. to or loaned to any Insured. 2. Limit of Insurance— For the purpose of this c. The coverage provided by this coverage the most we will pay is$1,500 per endorsement does not apply to "occurrence". "properly damage": C. Non-Owned Watercraft (1) Arising out of the disappearance or Under Section I — Coverages, Coverage A lass of use of personal properly;or Bodily Injury And Property Damage Liability, (2) Included In the "products-completed 2. Exclusions Exclusion g. Aircraft, Auto Or operations hazard". Watercraft Paragraph(2)(a)is replaced with: (a) Less than 51 feet long;and CG 72 88 12 16 includes copyrighted material of Insurance Services Office,Inc., Page 1 of 5 with Its permission. Policy No:ACP3029630195 I CG 72 88 12 16 2. Limit of Insurance - The most we will pay F. Supplementary Payments i for loss arising out of any one "occurrence" Under Section I — Coverages, Supplementary Is$5,000. Payments — Coverages A and B Paragraphs 3. Deductible - Our obligation to pay for a 1.b. and t.d.are replaced with: covered loss applies only to the amount of b. Up to $2,500 for cost of bail bonds required loss in excess of$250. because of accidents or traffic law violations We will pay the deductible amount to effect arising out of the use of any vehicle to which settlement of any claim or "suit" and upon the Bodily Injury Liability Coverage applies. notification having been taken you shall We do not have to furnish these bonds. promptly reimburse us for the deductible as d. All reasonable expenses incurred by the has been paid by us. insured at our request to assist us in the This insurance is primary to any expanded investigation or defense of the claim or damage coverage provided by a separate "suit", Including actual loss of earnings up to endorsement attached to this policy, and It $500 a day because of time off from work. will supplant any deductible In said G. Newly Formed And Acquired Organizations endorsement. Under Section II — Who Is An Insured E. Damage To Premises Rented To You Paragraph 3.a. is replaced with: 1. Under Section I—Coverages, Coverage A a. Coverage under this provision is afforded Bodily Injury And Property Damage only until the 1801h day after you acquire or Liability, the last paragraph of 2. form the organization or the end of the policy Exclusions Is replaced with: period,whichever is earlier; II Damage To Premises Rented To You is H. Additional Insured — Automatic Status When not otherwise excluded. Exclusions c. Required In An Agreement Or Contract With through n. do not apply to damage by lire. You lightning, explosion, smoke, or sprinkler Section II — Who Is An Insured is amended to leakage to premises while rented to you or Include: temporarily occupied by you with permission of the owner. A separate limit of Insurance 4. Any person(s) or organization(s) described applies to this coverage as described In In Paragraphs e. — d. below with whom you Section III— Limits Of Insurance. have agreed in writing in a contract or 2, Under Section III — Limits Of Insurance, written agreement that such person or Paragraph 6. Is replaced with: organization be added as an additional 6. Sub to 5. above, the Damage To Insured on your policy during the policy 1 9 period shown In the Declarations. Premises Rented To You Limit is the The person or organization added as an most we will pay under Coverage A for damages because of "property damage. Insured by his endorsement is an Insured to any one premises, while rented to only for liabilitythis due to: you, or In the case of damage by fire, a. Lessors of Leased Equipment with lightning, explosion, smoke or sprinkler respect to their liability for "bodily injury", leakage, while rented to you or "property damage", or "personal and temporarily occupied by you with advertising injury", caused In whole or in permission of the owner. The limit is part by your maintenance, operation or Increased to$1.000.000. use of equipment leased to you by such 3. Under Section IV — Commercial General person(s) or organization(s). This Liability Conditions, Condition 4. Other Insurance does not apply to any Insurance, b. Excess Insurance(1) (a) (II) "occurrence"which takes place after the Is replaced with: lease expires. (II) That is Fire, Lightning, Explosion, However, their status as additional Smoke, or Sprinkler leakage Insured under this policy ends when Insurance for premises rented to their lease, contract, or agreement with you or temporarily occupied by you you for such leased equipment expires. with permission of the owner. Page 2 of 5 Includes copyrighted material of Insurance Services Office,Inc., CG 72 88 12 16 with Its permission. Policy No:ACP3029630195 CG 72 88 12 16 b. Managers or Lessors of Premises d. Owners, Lessees, or Contractors with with respect to liability arising out of the respect to liability for "bodily Injury", ownership, maintenance, or use of that "properly damage", or "personal and part of the premises you own, rent, advertising injury" caused, in whole or in lease,or occupy. par(, by: This insurance does not apply to: (1) Your acts or omissions;or (1) Any "occurrence" which takes place (2) The acts or omissions of those after you cease to be a tenant in acting on your behalf; that premises. in the performance of your ongoing (2) Structural alterations, new con- operations performed for that struction or demolition operations additional Insured, whether the work performed by or on behalf of the Is performed by you or on your person or organization. behalf. However, their status as additional The insurance does not apply to: Insured under this policy ends when you cease to be a tenant of such premises. (1) orB�P 9 Injury" andily injury", padvverl singroperty Injur " c. State or Political Subdivision — arising out of the rendering of or the Permits Relating to Premises with failure to render any professional respect to the following hazards for architectural, engineering, or survey which the state or political subdivision services, including: has Issued a permit or authorization In (a) The preparing, approving, or connection with premises you own, rent lailing to prepare or approve or control and to which this Insurance maps, shop drawings, opinions, applies: reports, survey, field orders, (1) The existence, maintenance, repair, change orders, or drawings and construction, erection, or removal of specifications:or advertising signs, awnings, (b) Supervisory, engineering archi- canopies, cellar entrances, coal Ides.tectural, or engineering aclly- holes, drivewa ys, manholes, (tins. marquees, hoist away openings, sidewalk vaults, street banners, or (2) "Bodily injury" or "properly damage" decorations and similar exposures; occurring after: or (a) All work, including materials, (2) The construction, erection, or parts, or equipment furnished In connection with such work, on removal of elevators;or the project (other than service, The ownership, maintenance, or use of maintenance or repairs) to be any elevators covered by this insurance. performed by or on behalf of the This Insurance does not apply to: additional Insured(s) at the (1) "Bodily injury" or "property damage" location of the covered or "personal or advertising injury" operations has been completed; arising out of operations performed or for the state or municipality;or (b) That portion of "your work" out (2) "Bodily injury" or "properly damage" of which the Injury or damage arises has been put to its Included within the "products- Intended use by any person or completed operations hazard". organization other than another However, such state or political contractor or subcontractor subdivision's status as additional engaged in performing Insured under this policy ends when the operations for a principal as a permit ends. part of the same project. CG 72 88 12 16 Includes copyrighted material of Insurance Services 011ice,Inc., Page 3 of 5 with Its permission. Policy No: ACP3029630195 CG 72 88 12 16 However, a person or organization's This coverage does not apply it Coverage C — i status as additional Insured under Medical Payments is excluded either by the this policy ends when your provisions of any coverage forms attached to the operations for that additional Insured policy or by endorsement. are completed. K. Knowledge Of An Occurrence With respect to the Insurance afforded to Under Section IV — Commercial General such additional Insureds a. — d. described Liability Conditions, the following is added to above the following is added to the Section Condition 2. Duties In The Event Of III—Limits Of Insurance: Occurrence, Offense,Claim Or Suit: If coverage provided to the additional e. Knowledge of an occurrence, offense, claim Insured Is required by a contract or or suit by an agent or employee of any agreement, the most we will pay on behalf of insured shall not in itself constitute the additional insured Is the amount of knowledge of, the Insured unless you, a Insurance: partner, if you are a partnership; or an 1. Required by the contract or agreement: executive officer, or Insurance manager, If or you are a corporation receives such notice 2. Available under the applicable Limits of of an occurrence, offense,claim, or suit from Insurance shown In the Declarations; the agent or employee. whichever Is less. I. The requirements in Paragraph b. will not be Tiffs endorsement shall not increase the considered breached unless there Is applicable Limits of Insurance shown In the knowledge of occurrence as outlined in Declarations. Paragraph e. above. However, the insurance afforded to such L. Unintentional Failure To Disclose Hazard additional Insureds a.—d,described above: Under Section IV — Commercial General 1. Only applies to the extent permitted by Liability Conditions, Condition 6. law; and Representations the following paragraph is added: 2. Will not be broader than that which you d. Your failure to disclose all hazards or prior are required by the contract or occurrences" or offenses exisling as of life agreement to provide such additional inception date of the policy shall not insured. prejudice the coverage afforded by this I. Aggregate Limit Per Project policy provided such failure to disclose all Under Section III — Limits Of Insurance The hazards or prior"occurrences"or offenses is following paragraph Is added to Paragraph 2: not intentional. This provision does not The General Aggregate Limit under section III affect our right to collect additional premium Limits Of Insurance applies separately to each or exercise our right of cancellation or non- of your construction projects away from renewal. premises owned by or rented to YOU. M. Waiver Of Subrogation J. Medical Payments Under Section IV — Commercial General Under Section III — Limits Of Insurance, Liability Conditions, 8. Transfer Of Rights Of Paragraph 7. is replaced with: Recovery Against Others To Us the following 7. Subject to 5. above, the higher of: paragraph is added: e. $10,000; or If required by a written contract executed prior to loss, we waive any right of subrogation we may b. The amount shown In the Declarations have against the contracting person or for Medical Expense Limit Is the most organization because of payments we make for we will pay under Coverage C for all Injury or damage arising out of your ongoing medical expenses because of 'bodily operations or `your work" done under a contract Injury"sustained by one person. with that person or organization and included in the"products-completed operations hazard". Page 4 of 5 Includes copyrighted material of Insurance Services Office, Inc., CG 72 88 12 16 with Its permission. Policy NO: ACP3029630195 CG 72 88 12 16 N. Liberalization O. Broadened Bodily Injury Definition (Mental Under Section IV — Commercial General Anguish) Liability Conditions, the following condition is Under Section V — Definitions Definition 3. added: "Bodily Injury"Is replaced with: 10. Liberalization 3. `Bodily injury" moans physical Injury, If we revise this coverage form to provide sickness, or disease to a person and If more coverage without additional premium arising out of the foregoing, mental anguish, charge,your policy will automatically provide mental injury, shock, or humiliation, the additional coverage as of the day the Including death at any time resulting revision Is effective In your state. therefrom. All terms and conditions of this policy apply unless modified by this endorsement. CG 72 88 12 16 Includes copyrighted material of Insurance Services Office, Inc., Page 5 of 5 with Its permission. i Policy No: ACP3029630195 COMMERCIAL AUTO AC 70 05 03 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO PROTECTION - GOLD This endorsement modifles Insurance provided under the following: BUSINESS--- ------- -- --------- I Effect of This Endorsement B. Newly Acquired or Formed Entitles C. Employees as Insureds—Nonowned Autos D. Additional Insured by Contract, Permit or Agreement E. Supplementary Payments—Ball Bonds F. Supplementary Payments—Loss of Earnings G. Personal Effects and Properly of Others Extension H. Prejudgment Interest Coverage I. Fellow Employee—Officer, Managers and Supervisors J. Hired Auto Physical Damage K. Temporary Substitute Autos—Physical Damage Coverage L. Expanded Towing Coverage M. Auto Loan or Lease Coverage N. Original Equipment Manufacturer Parts—Leased Private Passenger Types O. Deductible Amendments P. Rental Reimbursement Coverage Q. Expanded Transportation Expense R. Extra Expense—Stolen Autos S. Physical Damage Limit of Insurance T. New Vehicle Replacement Cost U. Physical Damage Coverage Extension V. Transfer of Rights of Recovery Against Others To Us W. Section IV—Business Auto Conditions—Notice of and Knowledge of Occurrence X. Hired Car Coverage Territory Y. Emergency Lock Out Z. Cancellation Condition AC 70 05 03 16 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 7 with Its permission Policy No: ACP3029630195 COMMERCIAL AUTO AC 70 05 03 16 A. EFFECT OF THIS ENDORSEMENT If specifically required by the written contract or Coverage provided under this policy Is modified agreement referenced in the paragraph above, by the provisions of this endorsement. If there any coverage provided by this endorsement to Is any conflict between the provisions of this an additional Insured shall be primary and endorsement and the provlslon(s) of any slate- any other valid and collectible insurance avail- specific endorsement also attached to this poli- able to the additional Insured shall be non- cy, then the provision(s) of the state-specific contributory with this Insurance. If the written endorsement shall apply Instead of the provi- contract does not require this coverage to be sions of this endorsement that are In conflict, primary and the additional Insured's coverage to but only to the extent of the conflict, and only to he non-contributory, then this insurance will be the extent necessary to bring such provisions excess over any other valid and collectible Insur- Into conformance with the state requirement(s) ante available to the additional Insured. contained In the provlsion(s)of the stale-specific endorsement. E. SUPPLEMENTARY PAYMENTS — BAIL B. NEW-- BONDS "'e Named Insured shown in the Declarations is Supplementary Payments of SECTION II — amended to Include any organization you newly COVERED AUTOS LIABILITY COVERAGE is acquire or form, other than a partnership, joint revised as follows: venture, or limited liability company, and over (2) Up to$2,500 for cost of ball bonds(Including which you maintain ownership or majority(more bonds for related traffic law violations) than 50%) Interest; If there Is no other similar in- required because of an "accident"we cover. surance available to that organization. Coverage We do not have to furnish these bonds. under this provision is afforded until the 160" F. SUPPLEMENTARY PAYMENTS — LOSS OF day after you acquire or form the organization or EARNINGS the end of the policy period,whichever Is later. C. EMPLOYEES AS INSUREDS — NONOWNED Supplementary Payments of the SECTION II — AUTOS COVERED AUTOS LIABILITY COVERAGE Is revised as follows: The following Is added to paragraph A.I. Who Is An Insured of SECTION II —COVERED AUTOS (4) All reasonable expenses incurred by the"in- LIABILITY COVERAGE: sured" at our request, Including actual loss d. An "em to ee" of of earnings up to $600 a day because of y p y yours Is an "Insured" time off from work. while using a covered "auto" you don't own, G „. hire or borrow in your business or your per- sonal affairs. D. ---- -- a „_„ a The. Care, Custody or Control Exclusion of PERMIT OR AGREEMENT SECTION II — COVERED AUTOS LIABILITY COVERAGE, does not apply to The following Is added to A.1. Who Is An In- sured of SECTION 11 — COVERED AUTOS "property damage' to properly, other than your property, up to an amount not exceed- LIABILITY COVERAGE: Ing $250 In any one "accident". Coverage Any person or organization that you are re- Is excess over any other valid and collectible qulred to name as an additional Insured In a Insurance. written contract or agreement that is executed 2. The following paragraph or signed by you prior to a "bodily injury' or Coverage Extensions of SECTION IIII — "property damage" occurrence Is an "Insured" PHYSICAL DAMAGE COVERAGE: for Covered Auto Liability coverage. How- c. We will pay up to$500 for your property ever, with respect to covered "autos", such that Is lost or damaged as a result of a person or organization is an insured only to covered "loss", without applying a da- the extent that person or organization qualifies ductible. Coverage Is excess over any as an "Insured" under A.1. Who Is an Insured of other valid and collectible Insurance. SECTION II — COVERED AUTOS LIABILITY COVERAGE: Page 2 of 7 Includes copyrighted material of Insurance Services Office, Inc. AC 70 05 03 16 with its permission Policy No: ACP3029630195 COMMERCIAL AUTO AC 70 05 03 16 H ----------- "" " ------ substitute for a covered "auto" you own that "'e following paragraph Is added to SECTION II Is out of service because of Its: i— COVERED AUTOS LIABILITY COVERAGE, a. Breakdown; 2. Coverage Extensions, a. Supplementary b. Repair; Payments: c. Servicing; j (7) Prejudgment Interest awarded against the 'Insured" on that part of the judgment we d. 'Loss";or pay. If we make an offer to pay the appll- e. Destruction cable limit of Insurance, we will not pay The coverage that applies Is the same as any prejudgment Interest based on that the coverage provided for the vehicle being period of time after the offer. replaced. ' I. FELLOW EMPLOYEE - OFFICERS, MANAGERS,AND SUPERVISORS L. EXPANDED TOWING COVERAGE The Fellow Employee Exclusion In SECTION II 1. We will pay up to: -COVERED AUTOS LIABILITY COVERAGE Is replaced as follows; a. $100 for a covered "auto" you own of the private passenger type, or A. "Bodily Injury" to any fellow "employee" of b. $500 for a covered "auto" you own that the"Insured" arising out of and In the course is not of the covered privat passenger type, of the fellow "employee's' employment or while performing duties related to the con- for towing and labor costs Incurred each duct of your business. This exclusion does time the covered "auto" is disabled. Howev- not apply to an "Insured" who occupies a er, the labor must be performed at the place position as an officer, manager, or supervi- of disablement. sor. 2. This coverage applies only for an "auto' J. ^�^^�T� �^ o^ ^�� covered on this policy for Comprehensive or " covered"auto" designation symbols 1 or 8 ap- Specified Causes of Loss Coverage and ply to Liability Coverage and if at least one "au- Collision Coverages. to" you own Is covered by this policy for Com- 3. Payment applies In addition to the otherwise prehensive, Specified Causes of Loss, or Colll- applicable amount of each coverage you sion coverages, then the Physical Damage have on a covered'auto". coverages provided are extended to "autos"you M. AUTO LOAN OR LEASE COVERAGE lease, hire, rent or borrow without a driver; and 1. In the event of a total "loss" to a covered provisions In the Business Auto Coverage Form "auto", we will pay any unpaid amount due applicable to Hired Auto Physical Damage apply on the loan or lease, Including up to a max- up to a limit of$100,000. The deductible will be Imum of $500 for early termination fees or equal to the largest deductible applicable to any penalties, for your covered"auto"less: owned "auto" for that coverage. Any Compre- hensive deductible does not apply to fire or a. The amount paid under SECTION III - lighlning. PHYSICAL DAMAGE COVERAGE of K. TEMPORARY SUBSTITUTE AUTOS - this policy; and PHYSICAL DAMAGE COVERAGE b. Any: The following Is added to paragraph C. Certain 1) Overdue lease/loan payments at the Trailers, Mobile Equipment And Temporary time of the"loss'; Substitute Autos of SECTION I - COVERED 2) Financial penalties Imposed under a AUTOS: lease for excessive use, abnormal If Physical Damage Coverage Is provided by wear and tear or high mileage; this Coverage Form, the following types of 3) Security deposits not refunded by a vehicles are also covered "autos" for Physl- lessor; cal Damage Coverage: 4) Costs of extended warranties, Credit Any "auto" you do not own while used with Life Insurance, Health, Accident, or the permission of Its owner as a temporary Disability Insurance purchased with the lease;and AC 70 05 03 16 Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 7 with its permission Policy No: ACP3029630195 COMMERCIAL AUTO AC 70 05 0316 5) Carry-over balances from previous No deductible applies to glass if the glass Is re- leases. paired, in a manner acceptable to us, rather than 2. This coverage only applies to a 'loss" which replaced. is also covered under this policy for Com- P. ---I-- I " , '--- prehensive, Specified Causes of Loss, or This coverage applies only to a covered"au- Collision coverage. to" for which Physical Damage Coverage Is 3. Coverage does not apply to any unpaid provided on this policy. amount due on a loan for which the covered 2. We will pay for rental reimbursement ex- "auto" Is not the sole collateral. penses Incurred by you for the rental o/ an N. "auto"because of"loss"to a covered "aulo". ,_ _ ....,,..a Payment applies In addition to the otherwise Y^ '^ applicable amount of each coverage you "nder Paragraph C. Limit of Insurance of have on a covered "auto." No deductibles SECTION III - PHYSICAL DAMAGE apply to this coverage. COVERAGE, Section 4 Is added as follows: 3. We will pay only for those expenses incurred 4. We will use new original equipment vehicle during the policy period beginning 24 hours manufacturer parts for any private passen- after the"loss"and ending, regardless of the ger type covered "auto" where required by policy's expiration, with the lesser of the the lease agreement which has a term of at following number of days: least six months. If a new original equip- a. The number of days reasonably ment vehicle manufacturer part Is not In pro- required to repair or replace the covered ductlon or distribution we may use a like, "auto". If "loss" is caused by theft, this kind and quality replacement part. number of days Is added to the number 0. DEDUCTIBLE AMENDMENTS of days It takes to locate the covered The following are added to the Deductible provl- "auto"and return it to you. slon of SECTION III - PHYSICAL DAMAGE b. The number of days shown in the COVERAGE: Schedule. If another policy or coverage form that Is not an 4. Our payment is limited to the lesser of the automobile policy or coverage form Issued by following amounts: this company applies to the same"accident", the a. Necessary and actual expenses following applies: Incurred. 1. If the deductible under this coverage is the b. $75 for any one day or for a maximum smaller (or smallest) deductible, It will be of 30 days. waived: 5. This coverage does not apply while there 2. If the deductible under this coverage is not are spare or reserve"autos"available to you the smaller(or smallest)deductible, it will be for your operations. reduced by the amount of the smaller (or 6. If"loss" results from the total theft of a cov- smallest)deductible. ered "auto" of the private passenger type, If a Comprehensive or Specified Causes of Loss we will pay under this coverage only that Coverage "loss" from one "accident" Involves amount of your rental reimbursement ex- two or more covered "autos", only the highesl penses which Is not already provided for un- deductible applicable to those coverages will be der SECTION III - PHYSICAL DAMAGE applied to the'accident," If the cause of the loss COVERAGE Coverage Extension. is covered for those vehicles.This provision only Q -- --------- o^_--•-11 _------ applies If you carry Comprehensive or Specified -aragraph AA.a. of SECTION III - PHYSICAL Causes of Loss Coverage for those vehicles, DAMAGE COVERAGE Is replaced by the follow- and does not extend coverage to any covered "autos" for which you do not carry such Ing: coverage. We will pay up to$50 per day to a maximum of $1500 for temporary transportation expense In- curred by you because of the total theft of a Page 4 of 7 Includes copyrighted material of Insurance Services Office, Inc AC 70 05 03 16 with Its permission. Policy No: ACP3029630195 COMMERCIAL AUTO AC 70 05 03 16 I covered "auto" of the private passenger type. ment manufacturer or other sources In- We will only pay for those covered "autos" for cluding non-orlginal equipment manu- whlch you carry Comprehensive or Specified facturers and Causes of Loss Coverage. We will pay for tem- b. If a repair or replacement results In bet- porary transportation expenses Incurred during ter than like kind or quality, we will not the period beginning 24 hours after the theft and pay for the amount of the net Improve- ending, regardless of the pollcy's expiration, ment. when the covered"auto"is returned to use or we 5. If we offer to pay the equal cash value of pay for Its"loss`. the damaged R. EXTRA EXPENSE—STOLEN AUTOS ge or stolen will properly, value auto advertising wraps, palm cusustoml- The following paragraph is added to Coverage zalion,and shnilar business related advertis- Extensions of SECTION III — PHYSICAL Ing modifications, In addition to the actual DAMAGE COVERAGE: cash value of the property. Auto advertising c. We will pay for up to$5,000 for the expense wraps, palnt customization, and similar of returning a stolen covered "auto" to you. business related advertising modifications We will pay only for those covered "autos" will be valued at the cost to replace them for which you carry Comprehensive or Si with an adjustment made for depreciation Ifled Causes of Loss Coverage and physical condition. S. T. NEW VEHICLE REPLACEMENT COST "nder SECTION III — PHYSICAL DAMAGE The following Is added to the Limit of Insurance COVERAGE, Paragraph C., Limit of Insurance provision of SECTION III — PHYSICAL Is replaced by the following: DAMAGE COVERAGE: C. Limit Of Insurance 5. The provisions of paragraphs 1. and 3. do 1. The most we will pay for "loss" in any one not apply to a covered "auto" of the private "accident"Is the lesser of: passenger type or a vehicle with a gross vehicle weight rating of 20,000 pounds or a. The actual cash value of the damaged less which Is a"new vehicle." or stolen property as of the time of the In the event of a total "loss" to your new ve- "loss%or a b. The cost of repairing or replacing the p a to which this coverage applies, we will damaged or stolen property. Pay at your option: a. The verifiable "new vehicle" purchase 2. $1500 is the most we will pay for "loss" in price you paid for your damaged vehl- any one `accident" to all electronic equip- cle, not Including any insurance or war- ment that reproduces, receives or transmits rantles purchased; audio, visual or data signals which, at the b. If It Is available, the purchase price, as time of"loss". Is: negotiated by us, of a "new vehicle" of a. Permanently Installed In or upon the the same make, model, and equipment covered "auto' In a housing, opening or or the most similar model available, not other location that is not normally used Including any fumishings, parts, or by the "auto" manufacturer for the In- equipment not Installed by the manufac- stallatlon of such equipment. turer or manufacturers'dealership;or. b. Removable from a permanently Installed c. The market value of your damaged ve- housing unit as described In Paragraph hicle, not Including any furnishings, 2.a. above or Is an Integral part of that parts, or equipment not installed by the equipment;or manufacturer or manufacturer's dealer- c. An Integral part of such equipment. ship. 3. An adjustment for depreciation and physical We will not pay for Initiation or set up costs condition will be made In determining actual associated with loans or leases cash value In the event of a total"loss". As used In this endorsement, a "new 4. The cost of repairing or replacing may: vehicle" means an "auto" of which you are a. Be based on an estimate which Includes the original owner that has not been prevl- parts furnished by the original equip- AC 70 05 03 16 Includes copyrighted material of Insurance Services Off Ice, Inc., Page 5 of 7 with its permission Policy No: ACP3029630195 COMMERCIAL AUTO AC 70 05 03 16 ously tilled and which you purchased loss Your obligation In the Duties in the Event than 365 days before the date of the"loss". of Accident, Claim, Suit or Loss Condi- tion relative to notification requirements U applies only when the "accident" or ---- ----- "loss"Is known to: "nder SECTION III — PHYSICAL DAMAGE (i) You, if you are an Individual; COVERAGE, A. Coverage, Coverage Exten- (2) A partner,if you are a partnership; slons, b. Loss of Use Expenses is replaced by (3) A member, if you are a limited liability the following: company;or b. Loss of Use Expenses (4) An executive officer or Insurance For Hired Auto Physical Damage, we will manager, if you are a corporation. pay expenses for which an "insured" be- b. Your obligation in the. Duties in the Event comes legally responsible to pay for loss of of Accident, Claim, Suit or Loss Condition use of a vehicle rented or hired without a relative to providing us with documents driver, under a written rental contract or concerning a claim or 'suit" will not be agreement. We will pay for loss of use ex- considered breached unless the breach penses if caused by: occurs after such claim or"suit' Is known (1) Other than collision If the Declarations to: Indicate that Comprehensive Coverage (1) You, If you are an Individual; Is provided for any covered"auto"; (2) A partner, if you are a partnership; (2) Specified Causes of Loss only if the (3) A member, if you are a limited Declarations Indicate that Specified liability company;or Causes of Loss Coverage Is provided for any covered"auto";or (4) An executive officer or Insurance (3) Collision only if the Declarations Indicate manager, if you are a corporation. that Collision Coverage is provided for any covered"auto." X. HIRED CAR—COVERAGE TERRITORY However, the most we will pay for any Item (5) of the Policy Period, Coverage Territory expenses for loss of use Is $50 per day, to a General Conditions Is replaced by the following: maximum of$1,500.The Insurance provided (5)Anywhere In the weld if a covered "auto" is by this provision is excess over any other leased, hired, rented or borrowed without a collectible Insurance. driver for a period of 30 days or less;and VT------" - "- "-"""--- Y. EMERGENCY LOCKOUT We will reimburse you up to$100 for reasonable -a fallowing is added to the Transfer Of Rights expense Incurred for the services of a locksmith Of Recovery Against Others To Us Condition: to gain entry Into your covered "auto" subject to We waive any right of recovery we may these provisions: have against any person or organization to 1. Your door key, electronic key or key entry the extent required of you by a written can- pad has been lost, stolen or locked in your tract executed prior to any "accident' be- covered "auto' and you are unable to enter cause of payments we make for damages such"auto*.or under this coverage form. 2. Your keyless entry device battery dies and W. NOTICE OF AND KNOWLEDGE OF you are unable to enter such"auto" as a re- OCCURRENCE sult, SECTION IV—BUSINESS AUTO 3. Your key, electronic key or key entry pad CONDITIONS,Paragraph A Is emended as has been lost or stolen and you have follows: changed the lock to prevent an unauthorized 6. entry; and Page 6 of 7 Includes copyrlghled material of Insurance Services Office, Inc AC 70 05 03 16 with Its permission. Policy No: ACP3029630195 COMMERCIAL AUTO AC 70 05 03 16 4. Original copies of receipts for services of a If we cancel for any reason other than non- locksmith must he provided before reim- payment of premium, we will mail or deliver bursement is payable, to the First Named Insured written notice of Z. CANCELLATION CONDITION cancellation at least 60 days before the ef- fective date of cancellation. This provision Paragraph A.2. of the COMMON POLICY does not apply In those states that require CONDITION — CANCELLATION applies more than 60 days prior notice of cancella- except as follows: flon. i I I, i i I AC 70 05 0316 Includes copyrighted material of Insurance Services Office, Inc., Page 7 of 7 with its permission