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HomeMy WebLinkAboutPacific Portable Services - 2023-09-01 (2) SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND PACIFIC PORTABLE SERVICES FOR SEPTIC PUMPING AND PORTABLE RESTROOM SERVICES THIS AGREEMENT("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 Pacific Portable Services, hereinafter referred to as "Contractor." Recitals A. The City desires to retain a Contractor having special skill and knowledge in the field of septic pumping and portable restroom services. 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 any 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. NOW, THEREFORE, it is agreed by City and Contractor as follows: 1. Scope 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 Dixie Vane, who shall represent it and be its sole contact and agent in all consultations with City during 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. • 23-13045/314085 1 3. Compensation a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit"B." The total sum to be expended under this Agreement, shall not exceed Nine Hundred Thousand Dollars ($900,000.00) during the term of this Agreement. Additional services required by other divisions and/or departments shall not count towards the Public Works Operations not to exceed amount. 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. Term Time is of the essence of this Agreement. The services of Contractor are to commence September 1, 2023, or as soon as practicable after the execution of this Agreement by City (the "Commencement Date") and terminate June 30, 2026, unless terminated earlier in accordance with the provisions of this Agreement. Contract may be extended for 2 additional one-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. 6. Disposition of Plans, 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. 23-13045/314085 2 7. Hold 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, 23-13045/314085 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 Project/Service. 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 of Huntington 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 (1 Q) 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 timely manner, the premiums on the insurance hereinabove required. 23-13045/314085 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 shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the 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 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 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 terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements,promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 23-13045/314085 5 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 Employees 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. 18. 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 overnight carrier or U.S. certified U.S. certified mail-return receipt requested: To City: Contractor: City of Huntington Beach Pacific Portable Services Attn: Director of Public Works Attn: Dixie Vane 2000 Main Street 655 S. Main Street, Suite 200-22 Huntington Beach, CA 92648 Orange, CA 92868 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 same 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. 23-13045/314085 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 parties 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; 23-13045/314085 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 government 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 governmental 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 shall be cause for termination of this Agreement. 23-13045/314085 8 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 hereinbelow has the power, authority and right to bind their respective parties to each of the terms 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. 23-13045/314085 9 35. Effective Date IN WITNESS WHEREOF, the parties hereto have cacuisedcthleirskAgreement 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 PACIFIC PORTABLE SERVICES municipal corporation of the State of California . ' By: (...„,.// ./-------.--- 1, L'q _ Mayor ((NM i---- 2.------ tlC\tt 1Al ------nem ITS: (circle one) Chairan/:ari. Vice President \r/Aitt,. e6i4,711464) 4 igig3ie AND By: Co a ri y VPri.vri. INITIATED AND APPROVED: Print dame ITS: (circle one) Secretary/Chief Financial Officer/Asst. Seeare-Treasurer V V _, -. Director of Public Works APPROVED A TO FORM: City Attorney 11.VI I.WE 0 A D APP'OVED: AN City an; er 23-13045/314085 10 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Provide Beach restroom septic tank pumping services, portable restroom rentals and portable fencing rentals. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: C. CITY'S DUTIES AND RESPONSIBILITIES: D. WORK PROGRAM/PROJECT SCHEDULE: 23-13045/314085 11 EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: "SEE ATTACHED EXHIBIT B" B. Travel Charges for time during travel are not reimbursable. C. Billing 1. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set 23-13045/314085 12 forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 23-13045/314085 13 EXHIBIT B REPAIRS AND MAINTENANCE OF MUNICIPAL SEWER FACILITIES SERVICES BID SHEETV } -r ll >D ate: 4 / .,6�`irm Name: (�.41 `1 C 74`�/ Instructions for completing Bid Sheet: 1. Complete Bid Sheet and enter pricing for ONLY those services your firm can provide, 2. Attach and include in your submittal, only those bid sheets you are quoting. 3. If applicable, attach a current rate sheet/fee schedule and include with your submittal. • 4. Fill in your firm name above and the boxes below, circle$ or%sign for markup. MUNICIPAL SEWER SYSTEMS ITEM NORMAL BUSINISS H URS Labor hourly rate $ S e --e4:61(0 Materials markup $ or.% ��_. MUNICIPAL SEPTIC SYSTEMS ITEM NORMAL BUSINESS HOURS Septic tanks-price per gallon $ , 2--Lf per gallon pumped Standard restroom rental w/ $ ,-7 7 per month hasp (monthly rate) Weekly restroom rental 6 $ per month service (monthly rate) �0-.1 ® DATE(MMiDp1YYYY) AE Ro CERTIFICATE OF LIABILITY INSURANCE 7/6/2023 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 poiloy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT (OR)Heffernan Insurance Brokers PHONE FAX 5100 S Macadam,Suite 440 mio.No Ext)•503-226-1320 (A/C,No):503-226-1478 Portland OR 97239 DDR AESS: INSURERS)AFFORDING COVERAGE NAiC# INSURERA:AMCO Insurance Company 19100 INSURED PACIPOR-01 INSURER B:Nationwide Mutual Insurance Company 23787 Pacific Portable Services, LLC 655 S Main St. Ste.200-22 INSURER C: Orange CA 92868 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:690008182 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. iNSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSp WVD POLICY NUMBER (MMIDDIYYYY) (MM/DDlYYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY Y ACP3049303908 5/1/2023 5/1/2024 EACH OCCURRENCE $1,000,000 DAMAGTO RENTED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $100,000 X Ded:$0 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 X POLICY JEC PRO•T LOG PRODUCTS-COMP/OP AGO $2,000,000 OTHER: $ B AUTOMOBILEUABIUTY Y ACP3049303908 5(1/2023 5/1/2024 CEOeBcIeNeDiNGLELIMIT $1,000,000 )( ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) X Dad:$0 $ A UMBRELLALIAB X OCCUR ACP3049303908 5/1/2023 5/1/2024 EACH OCCURRENCE $1,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $1,000,000 DEO X RETENTION$n $ WORKERS COMPENSATION PER ERH AND EMPLOYERS'LIABILITY YI N ANYPROPRIETORIPARTNER/EXECUTIVE N i A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXC LU DED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A GL Pollution Liability CG7079 ACP30493 03908 5/1/2023 5/1/2024 Each Incident/Dad $1,000,000/S0 B Auto Pollution Liability CA9948 ACP3049303908 5/1/2023 5/1/2024 Each Occurrence/Dad Included In CSL/$0 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) General Liability policy contains the attached Wrap Up exclusion endorsement. RE:As Per Contract Or Agreement On File With The Insured.City of Huntington Beach,Its officers,elected or appointed officials,employees,agents and volunteers are included as an additional Insured(primary and non-contributory)Includes products and completed operations on the General Liability and additional Insured on the Automobile Liability policies per the attached endorsements,if required.Cancellation notice a ddQo a iv6 al Liability and Automobile Liability policies is attached.This certificate supersedes and replaces any previously issued certificateAPPMUCC/0( � MICHAEL.E.GATES CERTIFICATE HOLDER CANCELLATION ctYY ATTORNEY Y 1�ti�iN'CIP�t�'C42tJ�>:�c�t SHOULD ANY OF THE ABOVE DflESCRa�IBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. The City of Huntington Beach 2000 Main Street AUTHORIZED REPRESENTATIVE Huntington Beach CA 92648 , '*";;;;7--Z---.. ---• ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD �--... ® CERTIFICATE OF LIABILITY INSURANCE DATE(MMFDDrYYYY) A 06/30/2023 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 terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT Paychex Insurance Agency Ina NAME: PAYCHEX INSURANCE AGENCY, INC, PHONE t o.Ext): 877-266-8E150 FAX No): 585-389-7426 150 SAWGRASS DRIVE E-MAIL cents@paychexwm ROCHESTER,NY 14620 ADDRESS: INSURER(S)AFFORDING COVERAGE NAtC N INSURERA: WEST AMERICAN INSURANCE COMPANY 44393 INSURED INSURER B: PACIFIC PORTABLE SERVICES LLC INSURERC: 3007 SETTING SUN DR INSURERD: CORONA DEL MAR, CA 92625 . INSURERS: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INS!) WV YYY D POLICY NUMBER (MMIDD/ Y) (MMIDDIYYYY) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGENED CLAIMS-MADE OCCUR PREMISES(Ea occurrence) $ MED EXP(Anyone person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PRO JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ — OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY _ AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ _ AUTOS ONLY _ AUTOS ONLY (Per accident) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION X STATUTE OTH- AND EMPLOYERS'LIABILITY ANYPROPRIETORJPARTNERJEXECUTIVE YJN 1/ E.LEACHACCIDENT $ 1,000,000 A OFFICER/MEMBEREXCLUDEDI Y N!A XVUW59872224 05/17/2023 05/17/2024 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yyes describe under E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS!LOCATIONS!VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 2000 Main St. ACCORDANCE WITH THE POLICY PROVISIONS. Huntington Beach, CA 92648 AUTHORIZED REPRESENTATIVE V i 01988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: ACP3049303908 COMMERCIAL GENERAL LIABILITY CO 20 10 04 13 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) Location(s)Of Covered Operations City of Huntington Beach,Its officers, elected or RE:As Per Contract Or Agreement On File With The appointed officials, employees,agents and volunteers Insured. 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 2. if coverage provided to the additional insured Include as an additional Insured the person(s)or Is required by a contract or agreement,the organizations)shown in the Schedule,but only insurance afforded to such additional insured with respect to liability for"bodily injury","property will not be broader than that which you are damage"or"personal and advertising Injury" required by the contract or agreement to caused,in whole or in part, by: provide for such additional Insured. 1. Your acts or omissions;or B. With respect to the insurance afforded to these 2. The acts or omissions of those acting on your additional Insureds,the following additional behalf; exclusions apply: In the performance of your ongoing operations for This Insurance does not apply to"bodily Injury"or the additional insured(s)at the location(s) "property damage"occurring after: designated above. 1. Ali work,Including materials,parts or However: equipment furnished in connection with such 1. The insurance afforded to such additional work,on the project(other than service, Insured only applies to the extent permitted maintenance or repairs)to be performed by by law;and or on behalf of the additional insureds)at the location of the covered operations has been completed;or CG 2010 0413 ©Insurance Services Office, Inc., 2012 Page 1 of 2 • 2. That portion of"your work"out of which the 2. Available under the applicable Limits of injury or damage arises has been put to its Insurance shown In the Declarations; Intended use by any person or organization whichever is less. other than another contractor or subcontractor engaged in performing operations for a This endorsement shall not Increase the principal as a part of the same project. applicable Limits of Insurance shown in the Declarations. C. 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: 1. Required by the contract or agreement;or CG 2010 0413 ©Insurance Services Office, Inc.,2012 Page 2 of 2 POLICY NUMBER: ACP3049303908 COMMERCIAL GENERAL LIABILITY CG20370413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s)Or OrganizatIon(s) City of Huntington Beach, its officers,elected or appointed officials,employees,agents and volunteers Location and Description Of Completed Operations RE:As Per Contract Or Agreement On File With The Insured. • 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 required by the contract or agreement to provide include as an additional insured the person(s) or for such additional insured. organization(s) shown in the Schedule, but only B. With respect to the insurance afforded to these with respect to liability for "bodily injury" or additional insureds, the following is added to "property damage"oaused, in whole or in part, by Section lil—Limits Of Insurance: "your work" at the location designated and If coverage provided to the additional insured is described in the Schedule of this endorsement required by a contract or agreement, the most we performed forthat additional Insured and will pay on behalf of the additional insured is the included in the "products-completed operations amount of insurance: hazard". However: 1. Required by the contract or agreement;or 1. The insurance afforded to such additional 2. Available under the applicable Limits of insured only applies to the extent permitted Insurance shown in the Declarations; by law;and whichever is less. 2. If coverage provided to the additional insured This endorsement shall not increase the applicable is required by a contract or agreement, the Limits of Insurance shown in the Declarations. insurance afforded to such additional insured will not be broader than that which you are All terms and conditions apply unless modified by this endorsement. CO 20 37 0413 ©Insurance Services Office, Inc., 2012 Page 1 of 1 ACP3049303908 COMMERCIAL GENERAL LIABILITY CG72461115 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. • ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS FOR OTHER PARTIES WHEN REQUIRED IN WRITTEN CONSTRUCTION AGREEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II - Who Is An Insured is amended to a. All work, including material, parts or include as an additional insured: equipment furnished In connection with Ongoing Operations such work, on the project (other than 1. Any person or organization for whom you are service, maintenance or repairs) to be performing operations when you and such performed by or on behalf of the person or organization have agreed in writing additional Insured(s) at the location of the covered operations has been completed: in a contract or agreement that such person or organization be added as an additional or insured on your policy; and b. that operation of "your work" out of which 2. Any other person or organization you are the Injury or damage arises has been put to its intended use by any person or required to add as an additional insured under the contract or agreement described In organization other than another n Paragraph 1.above. contractor o operations subcontractor principal ased �a Such person(s) or organization(s) is an additional performing p p p p ( } part of the same project. insured only with respect to liability for "bodily B. Section II - Who Is An Insured Is amended to injury", "property damage" or "personal and include as an additional insured: advertising injury"caused, in whole or in part, by: a. Your acts or omissions; or Products-Completed Operations b. The acts or omissions of those acting on Any person or organization with whom you have behalf; agreed in writing in a contract or agreement that yoursuch person or organization be added as an in the performance of your ongoing operations for additional insured on your policy with respect to the additional insured. liability for "bodily Injury" or "property damage" However, the insurance afforded to such caused, in whole or In part, by "your work" additional Insured described above: performed for such person or organization and a. Only applies to the extent permitted by Included in the "products-completed operations law;and hazard". b. Will not be broader than that which you However, the insurance afforded to such are required by the contract or agreement additional insured described above: to provide for such additional insured. a. Only applies to the extent permitted by A person's or organization's status as an law; and additional insured for ongoing operations ends b. Will not be broader than that which you when your operations for the person or are required by the contract or agreement organization described in Paragraph 1. above are to provide for such additional insured. completed. C. With respect to the insurance afforded to these With respect to insurance afforded to these additional insureds, this insurance does not apply additional insureds for ongoing operations, this to "bodily injury", "property damage" or "personal insurance does not apply to "bodily injury" or and advertising injury" arising out of the rendering "property damage"occurring after: CG 72 46 11 15 Includes copyrighted material of Insurance Services Office, inc. Page 1 of 2 with its permission. CG 72 4611 15 of, or the failure to render, any professional 2. Available under the applicable Limits of architectural, engineering or surveying services, Insurance shown in the Declarations; including: whichever is less. 1. The preparing, approving, or failing to prepare This endorsement shall not increase the or approve, maps, shop drawings, opinions, applicable limits of Insurance shown in the reports, surveys, field orders, change orders Declarations. or drawings and specifications;or E. With respect to the insurance afforded to these 2. Supervisory, inspection, architectural or additional insureds, the following is added to engineering activities. Section IV — Commercial General Liability This exclusion applies even if the claims against Conditions, Condition 4. Other Insurance and any insured allege negligence or other supersedes any provision to the contrary: wrongdoing in the supervision, hiring, Primary And Noncontributory Insurance employment, training or monitoring of others by This Insurance is primary to and will not seek that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the contribution from any other insurance offense which caused the "personal and available to an additional insured under your advertising Injury", involved the rendering of, or policy provided that: the failure to render, any professional (1) The additional Insured is a Named architectural, engineering or surveying services. Insured under such other insurance; and (2) You have agreed In writing in a contract D. With respect to the insurance afforded to these or agreement that this Insurance would additional insureds, the following is added to be primary and would not seek Section III—Limits Of Insurance: contribution from any other insurance The most we will pay on behalf of the additional available to the additional insured. Insured is the amount of insurance: 1. Required by the contract or agreement described in Paragraph A.1. or Paragraph B.; or All terms and conditions of this policy apply unless modified by this endorsement. Page 2 of 2 Includes copyrighted material of Insurance Services Office, inc. CG 72 46 11 15 with its permission. • ACP3049303908 COMMERCIAL GENERAL LIABILITY CG 72 58 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - OPERATIONS COVERED BY A CONSOLIDATED (WRAP-UP) INSURANCE PROGRAM This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion Is added to paragraph 2., This exclusion applies whether or not the Exclusions of COVERAGE A — BODILY INJURY consolidated (wrap-up)insurance program: AND PROPERTY DAMAGE LIABILITY (Section I — (1) Provides coverage identical to that provided Coverages): by this Coverage Part; This insurance, including any duty to defend, does (2) Has limits adequate to cover all claims; or not apply to "bodily injury" or "property damage" (3) Remains in effect. arising out of either your ongoing operations or operations included within the "products-completed operations hazard" at any location where a consolidated (wrap-up) insurance program has been provided by the prime contractor/project manager or owner of the construction project in which you are involved. All terms and conditions of this policy apply unless modified by this endorsement. CG 72 58 09 08 Page 1 of 1 • IL 70 02 09 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADVANCE NOTICE OF CANCELLATION, NONRENEWAL OR COVERAGE REDUCTION OR RESTRICTION PROVIDED BY US This endorsement modifies insurance provided under the following: COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL CRIME COVERAGE PART • COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART COMMERCIAL UMBRELLA LIABILITY POLICY FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART MERCANTILE UMBRELLA LIABILITY POLICY SCHEDULE Person(s) or Organization(s) Address City of Huntington Beach 17371 Gothard Street Huntington Beach CA 92647 Number of Days Notice 30 If this policy is cancelled (other than nonpayment of premium) or nonrenewed or if the coverage provided by this policy is reduced or restricted (except for any reduction in the Limits of insurance due to claims payments),we will provide written notice to the person(s)or organization(s) listed in the Schedule. We will provide this notice by mail 30 days in advance of any policy cancellation, nonrenewal or coverage reduc- tion or restriction or as indicated in the Number of Days Notice in the Schedule. All terms and conditions of this policy apply unless modified by this endorsement. IL 70 02 0911 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with its permission. ACP3049303908 COMMERCIAL GENERAL LIABILITY CG 73 23 12 16 • THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, CONTRACTORS ENHANCEMENT PLUS ENDORSEMENT INCLUDING MEDICAL PAYMENTS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Lost Key Coverage D. Expanded Property Damage Coverage 1. Under Section I — Coverages, Coverage A 1. For the purposes of this endorsement only: Bodily Injury And Property Damage Section l — Coverages, Coverage A Liability, coverage is extended to include Bodily Injury And Property Damage the following: Liability, 2. Exclusions, Exclusion J. If a customer's master or grand key, Damage To Property is amended as follows: excluding electronic key card, is lost, a. Paragraphs (3), (5), and (6)are deleted damaged or stolen while in your care, in their entirety. custody or control we will pay the cost of b. Paragraph (4) is deleted in its entirety replacing the keys, including the master lock and replaced with: and all keys used In the same lock, the cost (4) Personal property in the care, of adjusting locks to accept the new keys, or custody, or control of the insured: the cost to replace the locks, whichever is less. (a) for storage or sale at premises 2. Limit of Insurance—For the purpose of this you own, rent or occupy; or coverage the most we will pay is $ 10,000 (b) while being transported by any per"occurrence", aircraft, "auto" or watercraft B. Voluntary Property Damage owned or operated by or rented to or loaned to any insured. 1. Section I — Coverages, Coverage A Bodily c. The coverage provided by this Injury And Property Damage Liability, endorsement does not apply to coverage is extended to include the following: "property damage": At your request, we will pay for "property (1) Arising out of the disappearance or damage" to property of others caused by you loss of use of personal property; or and while in your possession,arising out of your business operations and occurring during the (2) Included in the "products-completed policy period. operations hazard". 2. Limit of Insurance—For the purpose of this 2. Limit of Insurance - The most we will pay coverage the most we will pay is$1,500 per for loss arising out of any one "occurrence" "occurrence". Is$5,000. C. Non-Owned Watercraft 3. Deductible - Our obligation to pay for a Under Section I — Coverages, Coverage A covered loss applies only to the amount of Bodily Injury And Property Damage Liability, loss in excess of$250. 2. Exclusions, Exclusion g. Aircraft, Auto Or We will pay the deductible amount to effect Watercraft Paragraph (2) (a) is replaced with: settlement of any claim or "suit" and, upon (a) Less than 51 feet long; and notification of this action having been taken, you shall promptly reimburse us for the deductible as has been paid by us. CG 73 23 12 16 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 5 with its permission. • CG 73 23 12 16 This insurance is primary to any expanded d. All reasonable. expenses incurred by the property damage coverage provided by a insured at our request to assist us in the separate endorsement attached to this investigation or defense of the claim or policy, and it will supplant any deductible in "suit", including actual loss of earnings up to said endorsement $500 a day because of time off from work. E. Damage To Premises Rented To You G. Newly Formed And Acquired Organizations 1. Under Section I —Coverages, Coverage A Under SECTION II — WHO IS AN INSURED Bodily Injury And Property Damage Paragraph 3.a. is replaced with: Liability, the last paragraph of 2. a. Coverage under this provision is afforded Exclusions is replaced with: only until the 1801h day after you acquire or If Damage To Premises Rented To You is form the organization or the end of the policy not otherwise excluded, Exclusions c. period,whichever is earlier; through n. do not apply to damage by fire, H. Additional Insured — Automatic Status When lightning, explosion, smoke, or sprinkler Required In An Agreement Or Contract With leakage to premises while rented to you or You temporarily occupied by you with permission Section II — Who Is An Insured is amended to of the owner, include: 2. Under Section III — Limits Of Insurance, 1. Any person(S)or organization(s)described Paragraph 6 is replaced with: in Paragraph a.—d. below with whom you 6. Subject to 5. above, the Damage To have agreed in writing in a contract or Premises Rented To You Limit is the written agreement that such person or most we will pay under Coverage A for organization be added as an additional damages because of "property damage" insured on your policy during the policy to any one premises, while rented to period shown in the Declarations. you, or in the case of damage by fire, 2. Any other person or organization you are lightning, explosion, smoke or sprinkler required to add as an additional insured leakage, while rented to you or under the contract or agreement described temporarily occupied by you with in Paragraph 1, above. permission of the owner. The limit is The person or organization added as an increased to$1,000,000. insured by this endorsement is an insured 3. Under Section IV — Commercial General only for liability due to: Liability Conditions, 4. Other Insurance, b. a. Lessors of Leased Equipment — with Excess Insurance (1) (a) (II) is replaced respect to their liability for"bodily injury", with: "property damage", or "personal and (II) That is Fire, Lightning, Explosion, Smoke advertising injury", caused in whole or in or Sprinkler leakage insurance for part by your maintenance, operation, or premises rented to you or temporarily use of equipment leased to you by such occupied by you with permission of the person(s) or organization(s). This owner. Insurance does not apply to any F. Supplementary Payments "occurrence" which takes place after the Under Section I — Coverages, Supplementary equipment lease expires. Payments — Coverages A and B Paragraphs However, their status as additional 1.b and 1.d. are replaced with: insured under this policy ends when b. Up to $2,500 for cost of ball bonds required their lease, contract, or agreement with because of accidents or traffic law violations you for such leased equipment expires. arising out of the use of any vehicle to which b. Managers or Lessors of Premises — the Bodily Injury Liability Coverage applies. with respect to liability arising out of the We do not have to furnish these bonds. ownership, maintenance, or use of that part of the premises you own, rent, lease, or occupy. Page 2 of 5 Includes copyrighted material of Insurance Services Office, Inc., CG 73 23 12 16 with its permission. CG 73 23 12 16 • 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; in the that premises. 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 (1) "Bodily injury", "property damage", cease to be a tenant of such premises. or "personal and advertising injury" c. State or Political Subdivision — arising out of the rendering of or the • Permits Relating to Premises — with failure to render any professional respectarchitectural, engineering, or survey to the following hazards for 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, failing 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, inspection, archi- canopies, cellar entrances, coal tectural or engineering activities. holes, driveways, manholes, This exclusion applies even if marquees, hoist away openings, the claims against any insured sidewalk vaults, street banners, or allege negligence or other decorations and similar exposures; wrongdoing in the supervision, or hiring, employment, training or (2) The construction, erection, or monitoring of others by that removal of elevators; or insured, if the "occurrence" which caused the "bodily injury" (3) The ownership maintenance or use or "property damage", or the of any elevators covered by this offense which caused the insurance. "personal and advertising This insurance does not apply to: injury", involved the rendering (1) "Bodily injury" or "property damage" of, or failure to render, any or "personal or advertising injury" professional, architectural, arising out of operations performed engineering, or surveying for the state or municipality; or services. (2) "Bodily injury" or "property damage" (2) "Bodily injury" or "property damage" included within the "products- occurring after: completed operations hazard". (a) All work, including materials, However, such state or political parts, or equipment furnished in subdivision's status as additional connection with such work, on insured under this policy ends when the the project (other than service, permit ends. maintenance, or repairs) to be performed d. Owners, Lessees, or Contractors — a additionalby insured(s) ureer ds)behalfof the at the with respect to liability for"bodily injury", location of the covered "property damage", or "personal and operations has been completed; advertising injury" caused in whole or in or part, by: CG 73 23 12 16 Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 5 with its permission. CG 73 23 12 16 (b) That portion of "your work" out b. You have agreed in writing in a contract of which the injury or damage or agreement that this insurance would arises has been put to its be primary and would not seek intended use by any person or contribution from any other insurance organization other than another available to the additional Insured. contractor or subcontractor I. Employee Bodily injury To Another Employee engaged ih performing . Under Section II — Who Is An Insured The operations for a principal as a part of the same project. following is added to Paragraph 2.a.(1): However, a person or organization's Paragraphs 2.a.(1) (a), (b) and (c) do not apply status as additional insured under to "bodily injury" to a co-"employee" in the this policy ends when your course of the co-"employee's" employment by operations for that additional insured you, or to "bodily injury" to a co-"volunteer are completed. worker" while performing duties related to the With respect to the insurance afforded to conduct of your business. such additional insureds a. — d. described J. Broad Form Named insured above, the following is added to Section III Under Section II — Who Is An Insured The • —Limits Of Insurance: following is added to Paragraph 2.: If coverage provided to the additional e. Any business entity incorporated or insured is required by a contract or organized under the laws of the United State agreement, the most we will pay on behalf of of America (including any State thereof), its the additional insured is the amount of territories or possessions, or Canada insurance: (including any Province thereof) in which the 1. Required by the contract or agreement; Named Insured shown in the Declarations or owns, during the policy period, an interest of 2. Available under the applicable Limits of more than fifty percent. If other valid Insurance shown in the Declarations: collectible insurance is available to any whichever is less. business entity covered by this solely by This endorsement shall not increase the reason of ownership by the Named Insured applicable Limits of Insurance shown in the shown in the Declarations in excess of fifty •Declarations. percent, this insurance is excess over the However, the insurance afforded to such other insurance, whether primary, excess, additional insureds a.— d. described above: contingent, or on any other basis. 1, Only applies to the extent permitted by K. Aggregate,Limit Per Location law; and Under Section Ill — Limits Of Insurance the 2. Will not be broader than that which you following is added to Paragraph 2: are required by the contract or The General Aggregate Limit under Section ill agreement to provide for such additional Limits Of Insurance applies separately to each insured. of your locations owned by or rented to you or 3. Primary and Noncontributory — Other temporarily occupied by you with the permission Insurance Conditions of the owner. For the purposes of this provision, The following is added to the Other location means premises involving the same or insurance Condition and supersedes any connecting lots, or premises whose connection provisions to the contrary: is interrupted only by a public street, roadway, Primary and Noncontributory Insurance waterway or railroad right-of-way. This insurance is primary to and will not L. Aggregate Limit Per Project seek contribution from any other insurance Under Section III — Limits Of Insurance The available to an additional insured under your following paragraph is added to Paragraph 2: policy provided that: The General Aggregate Limit under Section IiI a. The additional insured is a Named Limits Of Insurance applies separately to each Insured under such other insurance; and of your construction projects away from premises owned by or rented to you. Page 4 of 5 Includes copyrighted material of Insurance Services Office, Inc., CG 73 23 12 16 with its permission. • CG 73 23 12 16 M. Medical Payments inception date of the policy shall not • Under Section III — Limits Of Insurance, prejudice the coverage afforded by this Paragraph 7. is replaced with: policy provided such failure to disclose all 7. Subject to 5. above, the higher of: hazards or prior"occurrences".or offenses is not intentional. This provision does not a. $10,000; or affect our right to collect additional premium b. The amount shown in the Declarations or exercise our right of cancellation or non for Medical Expense Limit is the most renewal. we will pay under Coverage C for all P.. Waiver Of Subrogation medical expenses because of "bodily Under Section IV — Commercial General injury"sustained by one person. Liability Conditions, 8, Transfer Of Rights Of This coverage does not apply If Coverage C Recovery Against Others To Us the following — Medical Payments is excluded either by paragraph is added: • the provisions of any coverage forms If required by a written contract executed prior to attached to the policy or by endorsement. loss, we waive any right of subrogation we may N. Knowledge Of An Occurrence have against the contracting person or Under Section IV — Commercial General organization because of payments we make for Liability Conditions, the following is added to injury or damage arising out of your ongoing 2. Duties In The Event Of Occurrence, operations or "your work" done under a contract Offense, Claim Or Suit: with that person or organization and included in e. Knowledge of an occurrence, offense, claim the"products-completed operations hazard". or suit by an agent or employee of any Q. Liberalization insured shall not in itself constitute Under Section IV — Commercial General knowledge of the insured unless you, a Liability Conditions, the following paragraph is partner, if you are a partnership; or an added: executive officer or insurance manager, if 10. Liberalization you are a corporation receives such notice of an occurrence, offense, claim or suit from If we revise this coverage form to provide more the agent or employee. coverage without additional premium charge, f. The requirements in Paragraph b. will not your policy will automatically provide the additional coverage as of the day the revision is be considered breached unless there is effective in your state. knowledge of occurrence as outlined in Paragraph e. above. R. Broadened Bodily Injury Definition (Mental O. Unintentional Failure To Disclose Hazard Anguish) Under Section V — Definitions Definition 3. Under Section IV — Commercial General Liability Conditions, Condition 6. "Bodily Injury"is replaced with: Representations the following paragraph is 3. "Bodily injury" means physical injury, added: sickness, or disease to a person and if d. Your failure to disclose all hazards or prior arising out of the foregoing, mental anguish, "occurrences"or offenses existing as of the mental injury, shock, or humiliation, including death at any time resulting therefrom. All terms and conditions of this policy apply unless modified by this endorsement. CG 73 23 12 16 Includes copyrighted material of Insurance Services Office, Inc., Page 5 of 5 with its permission. ACP3049303908 COMMERCIAL AUTO AC70060316 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO PROTECTION - PLATINUM This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SUMMARY OF COVERAGES A. Effect of This Endorsement B. Newly Acquired of Formed Entities C. Employees as Insureds—Nonowned Autos D. Additional Insured by Contract, Permit or Agreement E. Supplementary Payments—Bail Bonds F. Supplementary Payments—Loss of Earnings G. Personal Effects and Property of Others Extension H. Prejudgment Interest Coverage I. Fellow Employees 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. Expanded Transportation Expense Q. Extra Expense—Stolen Autos R. Physical Damage Limit of Insurance S. New Vehicle Replacement Cost T. Physical Damage Coverage Extensions U. Business Income and Extra Expense Coverage 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 Lockout Z. Cancellation Condition AC 70 06 03 16 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 7 with its permission COMMERCIAL AUTO AC 70 06 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 any other valid and collectible insurance avail- endorsement and the provision(s) of any state- able to the additional insured shall be non- specific endorsement also attached to this poll- 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 sionsprimary and the additional insured's coverage to of this endorsement that are in conflict, but only to the extent of the conflict, and only to be 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) ance available to the additional insured. contained in the provision(s)of the state-specific E. SUPPLEMENTARY PAYMENTS — BAIL endorsement. BONDS B. NEWLY ACQUIRED OR FORMED ENTITIES Supplementary Payments of SECTION II — The Named Insured shown in the Declarations is COVERED AUTOS LIABILITY COVERAGE is amended to include any organization you newly revised as follows: acquire or form, other than a partnership, joint (2) Up to$3,000 for cost of bail bonds (including venture, or limited liability company, and over bonds for related traffic law violations) re- which you maintain ownership or majority (more quired because of an "accident" we cover. than 50%) interest; if there is no other similar in- We do not have to furnish these bonds. surance available to that organization. Coverage F. SUPPLEMENTARY PAYMENTS — LOSS OF under this provision is afforded until the 180th EARNINGS day after you acquire or form the organization or Supplementary Payments of SECTION II — the end of the policy period, whichever is later. COVERED AUTOS LIABILITY COVERAGE Is C. EMPLOYEES AS INSUREDS — NONOWNED revised as follows: AUTOS (4) All reasonable expenses incurred by the "in- The following is added to paragraph A.1.Who Is sured" at our request, Including actual loss An Insured of SECTION II —COVERED AUTOS of earnings up to $1,000 a day because of LIABILITY COVERAGE: time off from work. d. Any "employee" of yours Is an "insured" G. PERSONAL EFFECTS AND PROPERTY OF while using a covered "auto" you don't own, OTHERS EXTENSION hire or borrow in your business or your per- 1. The Care, Custody or Control Exclusion of sonal affairs. SECTION II — COVERED AUTOS LIABILITY D. ADDITIONAL INSURED BY CONTRACT, COVERAGE, does not apply to "property dam- PERMIT OR AGREEMENT age"to property, other than your property, up to The following is added to A.1. Who Is An In- an amount not exceeding $500 in any one "acci- sured of SECTION II — COVERED AUTOS dent". Coverage is excess over any other valid LIABILITY COVERAGE: and collectible insurance. Any person or organization that you are re- 2. The following paragraph is added to A.4. quired to name as an additional insured in a Coverage Extensions of SECTION III - written contract or agreement that is executed PHYSICAL DAMAGE COVERAGE: or signed by you prior to a "bodily injury" or c. We will pay up to $1,000 for your prop- "property damage" occurrence is an "insured" erty that is lost or damaged as a result for Covered Auto Liability coverage. How- of a covered "loss", without applying a ever, with respect to covered "autos", such deductible. Coverage is excess over person or organization is an insured only to any other valid and collectible insur- the extent that person or organization qualifies ance. as an "insured" under A.1. Who is an Insured of SECTION II — COVERED AUTOS LIABILITY COVERAGE: Page 2 of 7 Includes copyrighted material of Insurance Services Office, Inc. AC 70 06 03 16 with its permission COMMERCIAL AUTO AC 70 06 03 16 H. PREJUDGMENT INTEREST COVERAGE e. Destruction The following paragraph is added to SECTION II The coverage that applies is the same as — COVERED AUTOS LIABILITY COVERAGE, the coverage provided for the vehicle being 2. Coverage Extensions, a. Supplementary replaced. Payments; L. EXPANDED TOWING COVERAGE • (7) Prejudgment interest awarded against the 1. We will pay up to: "insured" on that part of the judgment we a. $150 for a covered "auto" you own of pay. If we make an offer to pay the appli- the private passenger type,or cable limit of insurance, we will not pay b. $750 for a covered "auto" you own that any prejudgment interest based on that is not of the private passenger type, period of time after the offer. I. FELLOW EMPLOYEE for towing and labor costs incurred each time the covered "auto" is disabled. Howev- The Fellow Employee Exclusion of SECTION II - er, the labor must be performed at the place COVERED AUTOS LIABILITY COVERAGE, of disablement. does not apply if the "bodily Injury" results from 2. This coverage applies only for an "auto" the use of a covered "auto" you own or hire. covered on this policy for Comprehensive or The Insurance provided under this provision is Specified Causes of Loss Coverage and excess over any other collectible insurance. Collision Coverages. J. HIRED AUTO PHYSICAL DAMAGE 3. Payment applies in addition to the otherwise If covered "auto" designation symbols 1 or 8 ap- applicable amount of each coverage you ply to Liability Coverage and if at least one "au- have on a covered "auto to" you own is covered by this policy for Corn- M. AUTO LOAN OR LEASE COVERAGE prehensive, Specified Causes of Loss, or Colli- sion coverages, then the Physical Damage 1. In the event of a total "loss" to a covered coverages provided are extended to "autos" you auto , we will pay any unpaid amount due �, lease, hire, rent or borrow without a driver; and on the loan or lease, including up to a max- provisions in the Business Auto Coverage Form imum of $500 for early termination fees or applicable to Hired Auto Physical Damage apply penalties, for your covered "auto" less: up to a limit of$126,000. The deductible will be a. The amount paid under SECTION III — equal to the largest deductible applicable to any PHYSICAL DAMAGE COVERAGE of owned "auto" for that coverage. Any Compre- this policy; and hensive deductible does not apply to fire or b. Any: lightning. 1) Overdue lease/loan payments at the K. TEMPORARY SUBSTITUTE AUTOS — time of the "loss"; PHYSICAL DAMAGE COVERAGE 2) Financial penalties imposed under a The following is added to paragraph C. Certain lease for excessive use, abnormal Trailers, Mobile Equipment And Temporary wear and tear or high mileage; Substitute Autos of SECTION I — COVERED 3) Security deposits not refunded by a AUTOS: lessor; If Physical Damage Coverage is provided by 4) Costs of extended warranties, Credit this Coverage Form, the following types of Life insurance, Health, Accident, or vehicles are also covered "autos" for Physi- Disability insurance purchased with cal Damage Coverage: the lease; and Any "auto" you do not own while used with 5) Carry-over balances from previous the permission of its owner as a temporary leases. substitute for a covered "auto" you own that • is out of service because of its: 2. This coverage only applies to a "loss" which Com- a. Breakdown; is also covered under this policy for prehensive, Specified Causes of Loss, or b. Repair; Collision coverage. c. Servicing; d. "Loss"; or AC 70 06 0316 Includes copyrighted material of Insurance Services Office, Inc. Page 3 of 7 with its permission COMMERCIAL AUTO AC 70 06 0316 • • •3. Coverage does not apply to any unpaid curred by you because of the total theft of a amount due on a loan for which the covered covered "auto" of the private passenger type. • "auto" is not the sole collateral. We will only pay for those covered "autos" for N. ORIGINAL EQUIPMENT MANUFACTURER which you carry Comprehensive or Specified PARTS — LEASED PRIVATE PASSENGER Causes of Loss Coverage. We will pay for tern- TYPES porary transportation expenses incurred during Under Paragraph C. Limit of Insurance of the period beginning 24 hours after the theft and SECTION III — PHYSICAL DAMAGE ending, regardless of the policy's expiration, COVERAGE, Section 4 is added as follows: when the covered "auto"is returned to use or we 4. We will use new original equipment vehicle pay for its "loss". manufacturer parts for any private passen- Q, EXTRA EXPENSE—STOLEN AUTOS ger type covered "auto" where required by The following paragraph is added to Section A.4. the lease agreement which has a term of at of SECTION III — PHYSICAL DAMAGE least six months. If a new original equip- COVERAGE: ment vehicle manufacturer part is not in pro- c. We will pay for up to$5,000 for the expense duction or distribution we may use a like, of returning a stolen covered "auto" to you. kind and quality replacement part. We will pay only for those covered "autos" O. DEDUCTIBLE AMENDMENTS for which you carry Comprehensive or Spec- The following are added to the Deductible provi- ified Causes of Loss Coverage. sion of SECTION III — PHYSICAL DAMAGE R. PHYSICAL DAMAGE LIMIT OF INSURANCE COVERAGE: Under SECTION III — PHYSICAL DAMAGE if another policy or coverage form that is not an COVERAGE, Paragraph C., Limit of Insurance automobile policy or coverage form issued by is replaced by the following: this company applies to the same"accident", the C. Limit Of Insurance following applies: 1. The most we will pay for "loss" in any one 1. If the deductible under this coverage is the "accident" is the lesser of: smaller (or smallest) deductible, it will be a. The actual cash value of the damaged waived: or stolen property as of the time of the 2. If the deductible under this coverage is not "loss", or the smaller(or smallest) deductible, it will be b. The cost of repairing or replacing the reduced by the amount of the smaller (ordamaged or stolen property. smallest) deductible. 2. $2000 is the most we will pay for "loss" in • If a Comprehensive or Specified Causes of Loss , Coverage "loss" from one "accident" involves any one accident to all electronic equip- two or more covered "autos", only the highest ment that reproduces, receives or transmits deductible applicable to those coverages will be audio, visual or data signals which, at the applied to the "accident," if the cause of the loss time of loss , is: is covered for those vehicles. This provision only a. Permanently installed in or upon the applies if you carry Comprehensive or Specified covered "auto" In a housing, opening or Causes of Loss Coverage for those vehicles, other location that is not normally used and does not extend coverage to any covered by the "auto" manufacturer for the instal- "autos" for which you do not carry such lation of such equipment. coverage. b. Removable from a permanently installed No deductible applies to glass If the glass is re- housing unit as described in Paragraph paired, in a manner acceptable to us, rather than 2.a. above or is an integral part of that replaced. equipment; or P. EXPANDED TRANSPORTATION EXPENSE c. An integral part of such equipment. Paragraph A.4.a. of SECTION III — PHYSICAL 3. An adjustment for depreciation and physical DAMAGE COVERAGE is replaced by the condition will be made in determining actual following: cash value in the event of a total"loss". We will pay up to $50 per day to a maximum of 4. The cost of repairing or replacing may: $1500 for temporary transportation expense in- Page 4 of 7 Includes copyrighted material of Insurance Services Office, Inc AC 70 06 0316 with its permission. COMMERCIAL AUTO AC 70 06 03 16 a. Be based on an estimate which includes titled and which you purchased less than parts furnished by the original equip- 365 days before the date of the"loss". ment manufacturer or other sources in- cluding non-original equipment manu- T. PHYSICAL DAMAGE COVERAGE facturers and EXTENSIONS b. If a repair or replacement results in bet- Under SECTION III — PHYSICAL DAMAGE ter than like kind or quality, we will not COVERAGE, A. Coverage, 4. Coverage Exten- pay for the amount of the net improve- sions, b. Loss of Use Expenses is replaced by ment, the following: 5. If we offer to pay the actual cash value of the damaged or stolen property, we will b. Loss of Use Expenses value auto advertising wraps, paint customi- For Hired Auto Physical Damage, we will zation, and similar business related advertis- pay expenses for which an "insured" ing modifications, in addition to the actual becomes legally responsible to pay for loss cash value of the property. Auto advertising of use of a vehicle rented or hired without a wraps, paint customization, and similar driver, under a written rental contract or business related advertising modifications agreement. We will pay for loss of use will be valued at the cost to replace them expenses if caused by: with an adjustment made for depreciation (1) Other than collision if the Dacia- and physical condition. rations indicate that Comprehen- S. NEW VEHICLE REPLACEMENT COST sive Coverage is provided for any The following is added to the Limit of Insurance covered "auto"; provision of SECTION Ill — PHYSICAL (2) Specified Causes of Loss only if DAMAGE COVERAGE: the Declarations indicate that 5. The provisions of paragraphs 1.and 3. do Specified Causes of Loss Cover- not apply to a covered "auto" of the private age is provided for any covered passenger type or a vehicle with a gross ve- hicle "auto";weight rating of 20,000 pounds or less (3) Collision only if the Declarations which is a"new vehicle." indicate that Collision Coverage In the event of a total "loss" to your"new ve- is provided for any covered hide" to which this coverage applies, we will auto. pay at your option: However, the most we will pay for any a. The verifiable "new vehicle" purchase expenses for loss of use Is $50 per day, to a price you paid for your damaged vehi- maximum of$1,500. The insurance provided cle, not including any insurance or war- by this provision is excess over any other ranties purchased; collectible insurance. b. If it is available, the purchase price, as U. BUSINESS INCOME AND EXTRA EXPENSE negotiated by us, of a "new vehicle" of COVERAGE the same make, model, and equipment 1. Business Income Coverage or the most similar model available, not We will pay the actual loss of business in- Including any furnishings, parts, or come sustained by you as a result of the equipment not installed by the manufac- necessary suspension of your business dur- turer or manufacturers' dealership; or. ing the period of restoration due to "loss" to c. The market value of your damaged ve- a covered "auto" used in your business. The hide, not including any furnishings, loss must be caused by a cause of loss coy- parts, or equipment not installed by the ered under item Al of Physical Damage manufacturer or manufacturer's dealer- Coverage in this Coverage Part. ship. 2. Extra Expense Coverage We will not pay for initiation or set up costs We will pay the necessary and reasonable associated with loans or leases extra expenses that you incur during the pe- As used in this endorsement, a "new vehi- hod of restoration that you would not have cle" means an "auto" of which you are the incurred had there been no "loss" to a cov- original owner that has not been previously ered "auto" used in your business. The loss AC 70 06 03 16 Includes copyrighted material of Insurance Services Office, Inc. Page 5 of 7 with its permission COMMERCIAL AUTO AC 70 06 03 16 . must be caused by a cause of loss listed (a) The time required to resume under item Al of Physical Damage Cover- your normal business opera- age in this Coverage Part. Extra Expenses tions; or means those expenses you incur to avoid or (b) The time that is reasonably minimize the suspension of business and to necessary to repair or replace continue your business operations. the covered auto with a maxi- . 3. Additional Conditions mum time period of 180 days. • We will not pay for "loss" or expenses Period of Restoration does not caused by suspension, lapse or cancellation include any increased period of any license, lease or contract. But if the required due to the enforcement of any ordinance or law that re- suspension, lapse or cancellation is directly caused by the suspension of your business, quires any insured or others to re- we will cover such "loss" that affects your test for, monitor, ea up,move, business income. We will not pay under this move, contain, treat, detoxify or coverage if you do not repair or replace the neutralize or in any way respond covered "auto". You must resume all or part to or assess the effects of pollu- of your business as quickly as possible. If tants. The expiration date of this you have other autos you can use to reduce policy will not cut short the peri- the amount of loss payable under this cov- erage, you are required to use them. We will V. TRANSFER OF RIGHTS OF RECOVERY pay for expenses you Incur to reduce the AGAINST OTHERS TO US amount that otherwise would have been The following Is added to the Transfer Of Rights payable under this coverage. We will not Of Recovery Against Others To Us Condition: pay more than the amount by which you ac- We waive any right of recovery we may tually reduce the business Income loss or have against any person or organization to extra expense incurred. the extent required of you by a written con- 4. Limit tract executed prior to any "accident" be- The most we will pay for"loss" arising out of cause of payments we make for damages one covered "auto" Is $10,000 per loss with under this coverage form. an annual aggregate of $20,000. Payment W. NOTICE OF AND KNOWLEDGE OF applies in addition to the otherwise applica- OCCURRENCE ble amount of each coverage you have on a SECTION IV — BUSINESS AUTO covered"auto". CONDITIONS, Paragraph A is amended as 5. Definitions follows: a. "Business Income" means the: 6. NOTICE OF AND KNOWLEDGE OF 1.). Net income (Net profit or loss before OCCURRENCE income taxes)that would have been a. Your obligation in the Duties in the Event earned or incurred If no loss would of Accident, Claim, Suit or Loss Condi- have occurred; and tion relative to notification require- 2.). Continuing normal operating ments applies only when the "accident" expenses incurred, including payroll. or"loss"Is known to: b. "Period of Restoration" means the (1) You, if you are an individual; period of time that: 1.). Begins: (2) A partner, if you are a partnership; (3) A member, if you are a limited liability (a) 24 hours after the time of loss company;or for Business Income Coverage; (4) An executive officer or insurance or manager, if you are a corporation. (b) Immediately after the time of b. Your obligation in the. Duties in the Event loss for Extra Expense of Accident, Claim, Suit or Loss Condition Coverage; and relative to providing us with documents 2.) Ends at the earliest of: concerning a claim or "suit" will not be Page 6 of 7 Includes copyrighted material of insurance Services Office, Inc. AC 70 06 03 16 with its permission COMMERCIAL AUTO AC70060316 considered breached unless the breach covered "auto" and you are unable to enter occurs after such claim or"suit" is known such "auto" , or to: 2. Your keyless entry device battery dies and (1) You, if you are an individual; you are unable to enter such "auto" as a (2) A partner, if you are a partnership; result, (3) A member, if you are a limited liability 3. Your key, electronic key or key entry pad company;or has been lost or stolen and you have (4) An executive officer or insurance changed the lock to prevent an unauthorized entry; and manager, if you are a corporation. 4. Original copies of receipts for services of a locksmith must be provided before X. HIRED CAR—COVERAGE TERRITORY reimbursement is payable. Item (5) of the Policy Period, Coverage Territory Z. CANCELLATION CONDITION General Condition is replaced by the following: Paragraph A.2. of the COMMON POLICY (5)Anywhere in the world if a covered"auto" CONDITION — CANCELLATION applies except is leased, hired, rented or borrowed without a as follows: driver for a period of 30 days or less; and If we cancel for any reason other than nonpay- Y. EMERGENCY LOCKOUT ment of premium, we will mail or deliver to the We will reimburse you up to $100 for reasonable First Named Insured written notice of cancella- expense incurred for the services of a locksmith tion at least 60 days before the effective date of cancellation. This provision does not apply in to gain entry into your covered "auto" subject to theseprovisions: those states that require more than 60 days prior p notice of cancellation. 1. Your door key, electronic key or key entry pad has been lost, stolen or locked in your AC 70 06 03 16 Includes copyrighted material of Insurance Services Office, Inc. Page 7 of 7 with its permission