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Malco Maintenance, Inc. - 2024-07-01 (2)
SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND MALCO MAINTENANCE,INC. FOR DAILY PORTER SERVICES FOR CITY OWNED PORTION OF MAIN STREET PROMENADE PARKING STRUCTURE 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 Malco Maintenance, Inc., hereinafter referred to as "Contractor." Recitals A. The City desires to retain a Contractor having special skill and knowledge in the field of janitorial services/day porter 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 Charlie Sheaff,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. 24-15622/363044 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 Thirty Thousand Dollars ($30,000.00) per year for any one year during the term of this Agreement, with a 2-year aggregate total not to exceed Sixty Thousand Dollars ($60,000.00). 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 q--/D//0/, or as soon as practicable after the execution of this Agreement by City (the"Commencement Date") and terminate two (2)years from Commencement Date, 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. 24-15622/363044 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, 24-15622/363044 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(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 timely manner, the premiums on the insurance hereinabove required. 24-15622/363044 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. 24-15622/363044 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 Malco Maintenance, Inc. Attn: Director of Community&Library Services Attn: Charlie Sheaff 2000 Main Street 3703 E. Melville Way Huntington Beach, CA 92648 Anaheim, CA 92806 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. 24-15622/363044 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; 24-15622/363044 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. 24-15622/363044 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. 24-15622/363044 9 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 MALCO MAINTENANCE,INC. municipal corporation Of the State of California , A Mayor c�.4..2 rAv`4�0...2 Print name ITS: '(circle ore) Chairma' Presiden Vice President City Clerk By: CS INITIATED AND APPROVED: Pri • ITS: (circle one) /Chief Financial Officer/Asst. Secretary- reasurer Director of Community&Library Services APPROVED AS TO FORM: City Attorney REVIEWED AND APPROVED: City Manager COUNTERPART 24-15622/363044 10 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 MALCO MAINTENANCE, INC. municipal corporation of the State of California it.Zt4-064.01:3 By: Mayor Print name ITS: (circle one) Chairman/President/ Vice President Y114- $.016Airtlie ity Clerk 41/1-2 AND By: INITIATED AND APPROVED: Print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary-Treasurer it or of . & Library Services APPROVED TO FORM: City Attorney REVIEWED AND APPROVED: City Manager COUNTERPART 24-15622/363044 10 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Provide janitorial/day porter services for the City owned portion of the Main Promenade Parking Structure which includes vehicle and pedestrian egress/ingress. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: Pick up trash, clean spills,remove graffiti, inspect the area and report safety concerns such as leaks, slippery surfaces and other dangerous conditions. FREQUENCY: 7 days per week Mon-Thurs: (2)hours per day Fri-Sun: (4) hours per day C. CITY'S DUTIES AND RESPONSIBILITIES: D. WORK PROGRAM/PROJECT SCHEDULE: 24-15622/363044 11 EXHIBIT "B" Payment Schedule (Fixed Fee Payment) 1. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set forth herein in accordance with the following,progress and payment schedules. $2,307.00 per month 2. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall 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. 3. CONSULTANT shall submit to CITY an invoice for each monthly progress 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. 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. Each month's bill shall include a total to date. That total shall provide the total fees and costs incurred to date for the project. A copy of memoranda, letters, reports, calculations, and other documentation prepared by CONSULTANT may be required to be submitted to the CITY to demonstrate progress towards completion of tasks. In the event the CITY rejects or has comments, on any such product, CITY shall identify specific requirements for satisfactory completion. 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. 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 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. 24-15622/3 63 044 12 4. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. All extra work or additional services will be in accordance with the extra work or additional services and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. 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. 24-15622/363044 13 , . / sF' ..-----", ® ACORt7 CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYTI L1 10/30/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED • REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(ies)must 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 NONE/CT 'Elizabeth McLean#4346527 Marron Insurance Services 1891 N. Gaffey Street, Suite 203 PHONE C.Lo.Ext): (310)514-8425 ((A C.Ner. San Pedro, CA 90731 ADDRESS: elizabeth@tnarronins.com License#: 0E63455 INSURER(S)AFFORDING COVERAGE NAIC tI INSURER A: Nationwide Mutual Insurance Company 23787 INSURED INSURERS: Insurance Co.of the West 27847 Malco Maintenance, Incorporated Malco Services Inc. INSURERC: StarStone Specialty Insurance Co. 44776 3703 E Melville Way INSURER D: Hartford Underwriters Insurance Company 30104 Anaheim, CA 92806 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER: 00000353-0 REVISION NUMBER: 780 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 W LIMITS LTR INSD VD POLICY NUMBER (MMIDD/YYYY) (MMFDDIYYYY1 A X COMMERCIAL GENERAL LIABILITY Y Y ACP CG013120450872 10/5/2024 10/5/2025 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES Ea occurrence) $ 100,000 MED EXP(Any one person) $ 10,000 PERSONAL$ADV INJURY $ 1,000,000 GEtI'L AGGREGATE LIMIT APPUES PER GENERAL AGGREGATE $ 2,000,000 POLICY X ItRCT LOC PRODUCTS-COMP/OP AGG $' 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY Y ACP BA013120450872 10/5/2024 10/5/2025 IEaaaccddeDSiNGLELIMIT $ 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNEO SCHEDULED BODILY INJURY(Per accident) $ _ AUTOS ONLY _ AUTOS HIRED NON•OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) $ A UMBRELLALiAB X OCCUR ACP CU013120450872 10/5/2024 10/512025 EACH OCCURRENCE $ 1,000,000 X EXCESS LIAR CLAIMS-MADE AGGREGATE $ 1,000,000 DED RETENTION$ 0 $ WORKERS COMPENSATIONOTH- B AND EMPLOYERS'LIABILITY WSD507143601 611/2024 6/1/2025 X STATUTE ER ANY OFFICERIM1 EI BER/EXCLTUDED?ECUTIVE YI r] N/A E.L.EACH ACCIDENT $ 1,000,000 R(Mandatory In NH) E.L.DISEASE-EA EMPLOYEE$ 1,000,000 If yea,descdbe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 C Excess Liability 77785A240AL1 10/5/2024 10/5/2025 Each OccurrencelAgg 4,000,000 D Contr Tools/Equipmen 72SBABE7E2K 10/5/2024 10/5/2025 10,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS/VEHICLES(ACORD 191,Additional Remarks Schedule,may be attached If more space is required) City of Huntington Beach,its officers,elected or appointed officials,employees,agents and volunteers are included as Additional insured per attached forms,when required by written contract,but only as respects to the rations,as covered by this policy. HOdal3 NO.LONI.Livf� a �� ABNUO.LLV AJ.10 53.LVO'a 13VHOIv� • CERTIFICATE HOLDER •CANCELLATION i u:iod U.i.S•V'Qanuada'd SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Huntington Beach ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street Huntington Beach, CA 92648 AUTHO ED REPRESENTATIVE • i (SER) ©1888-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Printed by SER on 10/30/2024 al 12:31PM Policy#ACP CG013120450872 COMMERCIAL GENERAL LIABILITY CG 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) Location(s) Of Covered Operations Or Organization(s) CITY OF HUNTINGTON BEACH ALL LOCATIONS AT WHICH ONGOING OPERATIONS ARE BEING PERFORMED FOR THE ADDITIONAL PERSON(S)OR ORGANIZATION(S) 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 1. All work, including materials, parts or include as an additional insured the person(s) or equipment furnished in connection with such organization(s) shown in the Schedule, but only work, on the project (other than service, with respect to liability for "bodily injury", maintenance or repairs) to be performed by "property damage" or "personal and advertising or on behalf of the additional insured(s)at the injury"caused, In whole or in part, by: location of the covered operations has been 1. Your acts or omissions; or completed;or 2. The acts or omissions of those acting on your 2. That portion of "your work" out of which the behalf; injury or damage arises has been put to its in theperformance ofyour ongoing operations for intended use by any person or organization 9 9 P other than another contractor or the additional insureds) at the location(s) subcontractor engaged in performing designated above. operations for a principal as a part of the However: same project. 1. The insurance afforded to such additional C. With respect to the insurance afforded to these insured only applies to the extent permitted additional insureds, the following is added to by law;and Section III—Limits Of Insurance: 2. If coverage provided to the additional Insured If coverage provided to the additional insured is is required by a contract or agreement, the • required by a contract or agreement, the most we Insurance afforded to such additional insured will pay on behalf of the additional insured Is the will not be broader than that which you are amount of insurance: required by the contract or agreement to 1. Required by the contract or agreement;or provide for such additional Insured. 2. Available under the applicable Limits of B. With respect to the insurance afforded to these Insurance shown in the Declarations; additional Insureds, the following additional whichever is less. exclusions apply: This endorsement shall not increase the This insurance does not apply to"bodily injury"or applicable Limits of Insurance shown in the "property damage"occurring after: Declarations. CG 20 10 04 13 ©Insurance services Office,Inc.,2018 Page 1 of 1 NIL 70 00 01 17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG2010, CG2037 NAME EXTENSION FOR THE CITY OF HUNTINGTON BEACH Policy Level Coverages Manuscript Number: EXTEND Coverage Description: ACP 3100450872The City of Huntington Beach, its officials, elected or appointed officials, employees, agents, and volunteers. M O CI • N O O O N M In I'.. 11 • c m 0 n O 'o Z o. rn J NIL 70 00 01 17 • COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 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 Location And Description Of Completed Operations Organization(s) CITY OF HUNTINGTON BEACH ALL LOCATIONS AT WHICH ONGOING OPERATIONS ARE BEING PERFORMED FOR THE ADDITIONAL PERSON(S)OR ORGANIZATION(S) 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 include as an additional insured the person(s) or provide 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" caused, in whole or in part, by Section III -Limits Of Insurance: "your work" at the location designated and described in the Schedule of this endorsement If coverage provided to the additional insured is performed for that additional insured and included required by a contract or agreement, the most we in the"products-completed operations hazard". will pay on behalf of the additional insured is the However: amount of insurance: 1. The insurance afforded to such additional 1, Required by the contract or agreement;or Insured only applies to the extent permitted by 2. Available under the applicable Limits of law; and Insurance shown in the Declarations; 2. If coverage provided to the additional insured whichever is less. is required by a contract or agreement, the This endorsement shall not Increase the - insurance afforded to such additional insured applicable Limits of Insurance shown in the will not be broader than that which you are Declarations. CG 20 37 04 13 ©Insurance Services Office,Inc.,2012 Page 1 of 1 • Policy#ACP CG013120450872 COMMERCIAL GENERAL LIABILITY NCG 74721216 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS ENHANCEMENT PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Lost Key Coverage (4) Personal property in the care 1. Under Section I — Coverages, Coverage A custody,or control of the insured: Bodily Injury And Property Damage (a) For storage or sale at premises Liability, coverage is extended to include the you own,rent,or occupy;or following: (b) While being transported by any If a customer's master or grand key, aircraft, "auto", or watercraft excluding electronic key card, is lost, owned or operated by or rented damaged, or stolen while in your care, to or loaned to any insured. custody, or control we will pay the cost of c. The coverage provided by this replacing the keys, including the master lock endorsement does not apply to "property and all keys used in the same lock,the cost of damage": adjusting locks to accept the new keys, or the (1) Arising out of the disappearance or cost to replace the locks,whichever is less. loss of use of personal property;or 2. Limit of Insurance— For the purpose of this (2) Included in the "products-completed coverage the most we will pay is$ 10,000 per operations hazard". occurrence. 2. Limit of Insurance-The most we will pay for B. Voluntary Property Damage „ „ 1. Section I — Coverages, Coverage A Bodily loss arising out of any one occurrence is $5,000. Injury And Property Damage Liability,coverage ed D is extended to include the following: 3. Deductible - Our obligation to pay for a covered loss applies only to the amount of At your request,we will pay for"property damage" loss in excess of$250. to property of others caused by you and while in We will pay the deductible amount to effect your possession, arising out of your business settlement of any claim or "suit" and, upon operations and occurring during the policy period. notification of this action having been taken, 2. Limit of Insurance—For the purpose of this you shall promptly reimburse us for the coverage the most we will pay is$1,500 per deductible as has been paid by us.. occurrence. This Insurance is primary to any expanded C. Non-Owned Watercraft property damage coverage provided by a Under Section I — Coverages, Coverage A separate endorsement attached to this policy, Bodily Injury And Property Damage Liability, and it will supplant any deductible in said 2. Exclusions, Exclusion g. Aircraft, Auto Or endorsement Watercraft Paragraph(2)(a)is replaced with: E. Damage To Premises Rented To You (a) Less than 51 feet long;and 1. Under Section 1 — Coverages, Coverage A D. Expanded Property Damage Coverage Bodily Injury And Property Damage 1. For the purposes of this endorsement only: Liability,the last paragraph of 2. Exclusions Section I — Coverages, Coverage A Bodily of is replaced with: Injury And Property Damage Liability, 2. If Damage To Premises Rented To You Is Exclusions, Exclusion j. Damage To not otherwise excluded,Exclusions c.through Property is amended as follows: n. do not apply to damage by fire, lightning, a. Paragraphs(3),(5),and(6)are deleted in explosion, smoke, or sprinkler leakage to ty, premises while rented to you or temporarily theoccupied by you with permission of the b. Paragraph(4) is deleted in its entirety and owner. replaced with: NCG 74 7212 16 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 of 5 NCG 74 72 12 16 2. Under Section IiI — Limits Of Insurance, 2. Any other person or organization you are Paragraph 6 is replaced with: required to add as an additional insured under 6. Subject to 5. above, the Damage To the contract or agreement described in Premises Rented To You Limit is the Paragraph 1.above. most we will pay under Coverage A for The person or organization added as an damages because of "property damage" insured by this endorsement is an insured to any one premises, while rented to you,. only for liability due to: or in the case of damage by fire, lightning, a. Lessors of Leased Equipment — with explosion, smoke, or sprinkler leakage, respect to their liability for "bodily injury', while rented to you or temporarily "property damage", or "personal and occupied by you with permission of the advertising injury", caused in whole or in owner. The limit is increased to part by your maintenance, operation or $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, 4. Other Insurance, b. insurance does not apply to any Excess insurance(1) (a) (ii)is replaced with: "occurrence" which takes place after the (II) That is Fire, Lightning, Explosion, Smoke, equipment lease expires. or Sprinkler leakage Insurance for However, their status as additional premises rented to you or temporarily insured under this policy ends when their occupied by you with permission of the lease, contract,or agreement with you for owner. such leased equipment expires. F. Supplementary Payments b. Managers or Lessors of Premises — Under Section I -- Coverages, Supplementary with respect to liability arising out of the Payments—Coverages A and B Paragraphs 1.b ownership, maintenance, or use of that and 1.d.are replaced with: part of the premises you own,rent, lease, b. Up to $2,500 for cost of bail bonds required or occupy. because of accidents or traffic law violations This Insurance does not apply to: arising out of the use of any vehicle to which (1) Any "occurrence" which takes place the Bodily Injury Liability Coverage applies, after you cease to be a tenant in that We do not have to furnish these bonds. premises. d. All reasonable expenses incurred by the (2) Structural alterations, new con- insured at our request to assist us in the struction or demolition operations investigation or defense of the claim or"suit", performed by or on behalf of the including actual loss of earnings up to$500 a person or organization. day because of time off from work. However, their status as additional G. Newly Formed And Acquired Organizations insured under this policy ends when you Under SECTION II -- WHO iS AN INSURED cease to be a tenant of such premises. Paragraph 3.a.is replaced with: c. State or Political Subdivision—Permits a. Coverage under this provision is afforded only Relating to Premises — with respect to until the 180th day after you acquire or form the following hazards for which the state the organization or the end of the policy or political subdivision has issued a period,whichever is earlier; permit or authorization in connection with H. Additional Insured — Automatic Status When premises you own, rent, or control and to which this insurance applies. Required In An Agreement Or Contract With You (1) The existence, maintenance, repair, Section 11 — Who Is An Insured Is amended to construction, erection, or removal of S include: advertising signs, awnings, canopies, cellar entrances, coal holes, 1. Any person(s)or organization(s)described in driveways, manholes, marquees, Paragraph 2.a.—d.below with whom you hoist away openings, sidewalk vaults, have agreed In writing in a contract or written street banners, or decorations and agreement that such person or organization similar exposures;or be added as an additional insured on your (2) The construction,erection,or removal policy during the policy period shown in the of elevators;or Declarations. Page 2 of 5 Includes copyrighted material of Insurance Services Office,Inc.,with Its permission. NCG 74 72 12 16 NCG 74 7212 16 (3) The ownership maintenance or use of engineering or surveying any elevators covered by this services. insurance. (2) "Bodily injury" or "property damage" This insurance does not apply to: occurring after: (1) "Bodily injury" or "property damage" (a) All work, including materials, or "personal or advertising Injury" parts, or equipment furnished in arising out of operations performed connection with such work, on the for the state or municipality;or project (other than service, (2) "Bodily injury" or "property damage" maintenance, or repairs) to be included within the "products- performed by or on behalf of the completed operations hazard". additional insured(s) at the However, such state or political location of the covered operations subdivision's status as additional insured has been completed;or under this policy ends when the permit (b) That portion of"your work" out of ends. which the injury or damage arises d. Owners,Lessees,or Contractors—with. has been put to its intended use respect to liability for "bodily injury", by any person or organization other or "property damage" or "personal and another contractor subcontractor advertising injury" caused in whole or in engaged in part,by: peerformmingingoperations for a principal as a part of the same (1) Your acts or omissions;or project. (2) The acts or omissions of those acting However, a person or organization's on your behalf; in the performance of status as additional insured under this your ongoing operations performed policy ends when your operations for for that additional insured, whether that additional insured are completed. the work is performed by you or on With respect to the insurance afforded to your behalf. such additional insureds a.—d. described The insurance does not apply to: above the following is added to the (1) `Bodily injury", "property damage", or Section III—Limits Of Insurance: "personal and advertising injury" If coverage provided to the additional insured arising out of the rendering of or the is required by a contract or agreement, the failure to render any professional most we will pay on behalf of the additional architectural, engineering, or survey insured is the amount of insurance: services, including: 1. Required by the contract or agreement;or (a) The preparing, approving, or 2. Available under the applicable Limits of failing to prepare or approve Insurance shown in the Declarations; maps, shop drawings, opinions, reports, survey, field orders, whichever is less. change orders, or drawings and This endorsement shall not increase the specifications;or applicable Limits of Insurance shown in the (b) Supervisory, inspection, archi- Declarations. tectural or engineering activities. However, the insurance afforded to such This exclusion applies even if the additional Insureds a.—d.described above: claims against any Insured allege 1. Only applies to the extent permitted by negligence or other wrongdoing law;and in the supervision, hiring, 2. Will not be broader than that which you employment,training,or are required by the contract or agreement monitoring of others by that to provide for such additional insured. insured, if the "occurrence"which 3. Primary and Noncontributory — Other caused the "bodily Injury" or Insurance Conditions "property damage", or the offense which caused the "personal and The followingis added to the Other advertising injury", involved the Insurance Condition and supersedes any rendering of, or failure to render, provisions to the contrary: any professional, architectural, Primary and Noncontributory Insurance NCG 74 72 12 16 includes copyrighted material of insurance Services Office,inc.,with its permission. Page 3 of 5 NCG 74 72 12 1 6 This insurance is primary to and will not seek The General Aggregate Limit under Section III contribution from any other insurance Limits Of insurance applies separately to each available to an additional insured under your of your construction projects away from premises policy provided that: owned by or rented to you. a. The additional insured is a Named M. Knowledge Of An Occurrence Insured under such other insurance;and Under Section IV — Commercial General b. You have agreed in writing In a contract Liability Conditions,The following is added to 2. or agreement that this insurance would Duties In The Event Of Occurrence, Offense, be primary and would not seek Claim Or Suit: • contribution from any other insurance e. Knowledge of an occurrence, offense, claim, available to the additional Insured. or suit by an agent or employee of any I. Employee Bodily Injury To Another Employee Insured shall not in itself constitute knowledge Under Section II — Who is An Insured The of the insured unless you, a partner, if you are following is added to Paragraph 2.a.(1): a partnership; or an executive officer or Paragraphs 2.a.(1)(a), (b). and (c)do not apply to insurance manager, if you are a corporation "bodily injury"to a co-"employee" in the course of receives such notice of an occurrence, offense, claim or suit from the agent or the co-"employee's" employment by you, or to , "bodily injury" to a co-"volunteer worker" while employee. performing duties related to the conduct of your f. The requirements in Paragraph b. will not be business, considered breached unless there is J. Broad Form N•amed Insured knowledge of occurrence as outlined in Paragraph a.above. Under Section II — Who Is An Insured The N. Unintentional Failure To Disclose Hazard following is added to Paragraph 2.: e. Any business entity incorporated or organized Under Section iV — Commercial General under the laws of the United State of America Liability Conditions, Condition 6. (including any State thereof), its territories or Representations the following paragraph is added: possessions or Canada (including any Province thereof)In which the Named Insured d. Your failure to disclose all hazards or shown in the Declarations owns, during the prior "occurrences" or offenses policy period, an interest of more than fifty existing as of the inception date of the percent. if other valid collectible insurance is policy shall not prejudice the available to any business entity covered by coverage afforded by this policy this solely by reason of ownership by the provided such failure to disclose all Named Insured shown in the Declarations in hazards or prior "occurrences" or excess of fifty percent, this insurance is offenses is not intentional. This excess over the other insurance, whether , provision does not affect our right to primary, excess, contingent, or on any other collect additional premium or exercise basis. our right of cancellation or non- K. Aggregate Limit Per Location renewal. Under Section III — Limits Of Insurance the O. Waiver Of Subrogation following is added to Paragraph 2: Under Section iV — Commercial General The General Aggregate Limit under Section III Liability Conditions, 8. Transfer Of Rights Of Limits Of Insurance applies separately to each Recovery Against Others To Us the following of your locations owned by or rented to you or paragraph is added: temporarily occupied by you with the permission If required by a written contract executed prior to of the owner. For the purposes of this provision, loss, we waive any right of subrogation we may location means premises involving the same or have against the contracting person or connecting lots, or premises whose connection is organization because of payments we make for interrupted only by a public street, roadway, injury or damage arising out of your ongoing waterway,or railroad right-of-way. operations or "your work" done under a contract L. Aggregate Limit Per Project with that person or organization and included in Under Section III — Limits Of Insurance The the"products-completed operations hazards". following paragraph is added to Paragraph 2: P. Liberalization Page 4 of 5 Includes copyrighted material of Insurance Services Office,Inc.,with Its permission. NCG 74 72 12 16 NCG 74 72 12 16 Under Section IV -- Commercial General Q. Broadened Bodily Injury Definition (Mental Liability Conditions, the following paragraph is Anguish) added: Under Section V — Definitions Definition 3. 10. Liberalization Bodily Injury is replaced with: If we revise this coverage form to provide 3. "Bodily injury" means physical injury, more coverage without additional premium sickness, or disease to a person and if arising charge, your policy will automatically provide out of the foregoing, mental anguish, mental the additional coverage as of the day the Injury, shock, or humiliation, including death revision is effective in your state. at any time resulting therefrom. All terms and conditions of this policy apply unless modified by this endorsement. • • NCG 74 72 12 16 Includes copyrighted material of Insurance Services Office,Inc.,with Its permission. Page 5 of 5 NIL 70 02 07 21 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADVANCE NOTICE OF CANCELLATION, NONRENEWAL OR COVERAGE REDUCTION OR RESTRICTION PROVIDED BY US SCHEDULE Person(s)or Organization(s) Address CITY OF HUNTINGTON BEACH 2000 MAIN ST HUNTINGTON BEACH,CA 92648 o Number of Days Notice 30 ti If this policy is cancelled (other than nonpayment of premium)or nonrenewed or if the coverage provided by this n policy is reduced or restricted(except for any reduction in the Limits of Insurance due to claims payments),we o will provide written notice to the person(s)or organization(s) listed in the Schedule. o We will provide this notice by mail 30 days in advance of any policy cancellation, nonrenewal or coverage ro reduction 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. Cfi�C z 0 c m 0 0 0 0 a ti NIL 70 02 07 21 Includes copyrighted material of Insurance Services Office,Inc.,with Its permission. Page 1 of 1 Policy#ACP BA013120450872 COMMERCIAL AUTO NCA 70 06 01 18 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 NCA 70 06 01 18 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 of 7 NCA 70 06 01 18 A. EFFECT OF THIS ENDORSEMENT with this insurance. If the written contract does not Coverage provided under this policy is modified by require this coverage to be primary and the the provisions of this endorsement, If there is any additional insured's coverage to be non- conflict between the provisions of this endorsement contributory, then this insurance will be excess and the provision(s) of any state-specific over any other valid and collectible insurance endorsement also attached to this policy, then the available to the additional insured. provision(s)of the state-specific endorsement shall E. SUPPLEMENTARY.PAYMENTS--BAIL BONDS apply instead of the provisions of this endorsement Supplementary Payments of SECTION II — that are in conflict, but only to the extent of the COVERED AUTOS LIABILITY COVERAGE Is conflict, and only to the extent necessary to bring revised as follows: such provisions into conformance with the state (2) Up to $3,000 for cost of bail bonds (including requirement(s)contained in the provision(s) of the bonds for related traffic law violations)required state-specific endorsement. because of an"accident"we cover.We do not B. NEWLY ACQUIRED OR FORMED ENTITIES have to furnish these bonds. The Named Insured shown in the Declarations Is F. SUPPLEMENTARY PAYMENTS — LOSS OF amended to include any organization you newly EARNINGS acquire or form, other than a partnership, joint Supplementary Payments of SECTION II — venture, or limited liability company, and over COVERED AUTOS LIABILITY COVERAGE is which you maintain ownership or majority (more revised as follows: than 50%) interest; if there is no other similar insurance available to that organization. Coverage (4) All reasonable expenses incurred by the under this provision is afforded until the 180th day "insured" at our request, including actual loss after you acquire or form the organization or the of earnings up to$1,000 a day because of time end of the policy period,whichever is later, off from work. C. EMPLOYEES AS INSUREDS — NONOWNED G. PERSONAL EFFECTS AND PROPERTY OF AUTOS OTHERS EXTENSION The following is added to paragraph A.1. Who Is 1. The Care, Custody or Control Exclusion of An Insured of SECTION II — COVERED AUTOS • SECTION II — COVERED AUTOS LIABILITY LIABILITY COVERAGE: COVERAGE, does not apply to "property d. Any"employee"of yours is an "insured"while damage"to property,other than your property, using a covered "auto" you don't own, hire or up to an amount not exceeding $500 in any borrow in your business or your personal one "accident". Coverage is excess over any affairs. other valid and collectible insurance. D. ADDITIONAL INSURED BY CONTRACT, 2. The following paragraph is added to A.4. PERMIT OR AGREEMENT Coverage Extensions of SECTION III - PHYSICAL DAMAGE COVERAGE: The following is added to Al,. Who Is An Insured c. We will pay up to$1,000 for your property of SECTION II — COVERED AUTOS LIABILITY that is lost or damaged as a result of a COVERAGE: covered "loss", without applying a Any person or organization that you are required deductible. Coverage is excess over any to name as an additional insured in a written other valid and collectible insurance. contract or agreement that is executed or signed H. PREJUDGMENT INTEREST COVERAGE by you prior to a "bodily injury" or "property damage" occurrence is an "insured" for The following paragraph is added to SECTION II— Covered Auto Liability coverage, However, COVERED AUTOS LIABILITY COVERAGE, 2. with respect to covered "autos", such person or Coverage Extensions, a. Supplementary organization is an insured only to the extent that Payments: person or organization qualifies as an "insured" (7) Prejudgment interest awarded against the under A.1. Who is an Insured of SECTION II — "insured" on that part of the judgment we pay. COVERED AUTOS LIABILITY COVERAGE: If we make an offer to pay the applicable limit If specifically required by the written contract or of insurance, we will not pay any agreement referenced in the paragraph above, prejudgment interest based on that period of any coverage provided by this endorsement to time after the offer. an additional insured shall be primary and any I. FELLOW EMPLOYEE other valid and collectible insurance available to The Fellow Employee Exclusion of SECTION II - the additional insured shall be non-contributory COVERED AUTOS LIABILITY COVERAGE,does Page 2 of 7 Includes copyrighted material of Insurance Services Office,Inc.,with Its permission. NCA 70 06 01 18 NCA 70 06 01 18 not apply if the'bodily Injury" results from the use Specified Causes of Loss Coverage and of a covered"auto"you own or hire.The insurance Collision Coverages. provided under this provision is excess over any 3. Payment applies In addition to the otherwise other collectible insurance. applicable amount of each coverage you have J. HIRED AUTO PHYSICAL DAMAGE on a covered"auto". If covered "auto"designation symbols 1 or 8 apply M. AUTO LOAN OR LEASE COVERAGE to Liability Coverage and if at least one"auto"you 1. In the event of a total"loss"to a covered"auto", own is covered by this policy for Comprehensive, we will pay any unpaid amount due on the loan Specified Causes of Loss, or Collision coverages, or lease, including up to a maximum of$500 then the Physical Damage coverages provided are for early termination fees or penalties,for your extended to"autos"you lease, hire, rent or borrow covered "auto"less: without a driver; and provisions in the Business a. The amount paid under SECTION III Auto Coverage Form applicable to Hired Auto Physical Damage apply up to a limit of$125,000. PHYSICAL DAMAGE COVERAGE of this The deductible will be equal to the largest policy; and deductible applicable to any owned "auto"for that b. Any: coverage. Any Comprehensive deductible does (1) Overdue lease/loan payments at the not apply to fire or lightning. time of the"loss"; K. TEMPORARY SUBSTITUTE AUTOS — (2) Financial penalties imposed under a PHYSICAL DAMAGE COVERAGE lease for excessive use, abnormal The following is added to paragraph C. Certain wear and tear or high mileage; Trailers, Mobile Equipment And Temporary (3) Security deposits not refunded by a Substitute Autos of SECTION I — COVERED lessor; AUTOS: (4) Costs of extended warranties, Credit If Physical Damage Coverage is provided by Life insurance, Health, Accident, or this Coverage Form, the following types of Disability insurance purchased with vehicles are also covered "autos" for Physical the lease;and Damage Coverage: (5) Carry-over balances from previous Any"auto"you do not own while used with the leases. permission of its owner as a temporary 2. This coverage only applies to a"loss"which is substitute for a covered"auto"you own that is also covered under this policy for out of service because of its: Comprehensive, Specified Causes of Loss,or a. Breakdown; Collision coverage. b. Repair; 3. Coverage does not apply to any unpaid c. Servicing; amount due on a loan for which the covered d. "Loss";or "auto"is not the sole collateral. e. Destruction \N. ORIGINAL EQUIPMENT MANUFACTURER PARTS — LEASED PRIVATE PASSENGER The coverage that applies is the same as the TYPES coverage provided for the vehicle being Under Paragraph C. Limit of Insurance of replaced. SECTION ill—PHYSICAL DAMAGE COVERAGE, L. EXPANDED TOWING COVERAGE Section 4 is added as follows: 1. We will pay up to: 4. We will use new original equipment vehicle a. $150 for a covered "auto"you own of the manufacturer parts for any private passenger private passenger type, or type covered "auto" where required by the b. $750 for a covered "auto"you own that is lease agreement which has a term of at least not of the private passenger type, six months. If a new original equipment vehicle for towing and labor costs incurred each time manufacturer part is not in production or distrition we may use a like,kind and quality the covered "auto" is disabled. However, the replacement labor must be performed at the place of part. disablement. O. DEDUCTIBLE AMENDMENTS 2. This coverage applies only for an 'auto" The following are added to the Deductible covered on this policy for Comprehensive or provision of SECTION III —PHYSICAL DAMAGE COVERAGE: NCA 70 06 01 18 Includes copyrighted material of Insurance Services Office,Inc.,with its pemiission. Page 3 of 7 NCA 70060118 If another policy or coverage form that is not an R. PHYSICAL DAMAGE LIMIT OF INSURANCE automobile policy or coverage form issued by this Under SECTION III — PHYSICAL DAMAGE company applies to the same "accident", the COVERAGE, Paragraph C., Limit of Insurance is following applies: replaced by the following: 1. If the deductible under this coverage is the C. Limit Of Insurance smaller (or smallest) deductible, It will be 1. The most we will pay for"loss" in any one waived: "accident" is the lesser of: 2. If the deductible under this coverage is not the a. The actual cash value of the damaged smaller (or smallest) deductible, it will be or stolen property as of the time of the reduced by the amount of the smaller (or „ smallest)deductible. loss', or If a Comprehensive or Specified Causes of Loss b. The cost of repairing or replacing the Coverage "loss" from one "accident" involves two damaged or stolen property. or more covered "autos", only the highest 2. $2000 is the most we will pay for"loss"in deductible applicable to those coverages will be any one "accident" to all electronic applied to the"accident,"if the cause of the loss is equipment that reproduces, receives or covered for those vehicles. This provision only transmits audio, visual or data signals applies if you carry Comprehensive or Specified which, at the time of"loss",is: Causes of Loss Coverage for those vehicles, and a. Permanently installed in or upon the does not extend coverage to any covered "autos" covered "auto" in a housing, opening for which you do not carry such coverage. or other location that is not normally No deductible applies to glass if the glass is used by the "auto" manufacturer for repaired, in a manner acceptable to us,rather than the installation of such equipment. • replaced. b. Removable from a permanently P. EXPANDED TRANSPORTATION EXPENSE installed housing unit as described in Paragraph A.4.a. of SECTION III - PHYSICAL Paragraph 2.a. above or is an integral part of that equipment;or DAMAGE COVERAGE is replaced by the following: c. An integral part of such equipment. We will pay up to $50 per day to a maximum of 3. An adjustment for depreciation and $1500 for temporary transportation expense physical condition will be made in incurred by you because of the total theft of a determining actual cash value in the event covered"auto"of the private passenger type. of a total"loss". We will only pay for those covered "autos" for 4. The cost of repairing or replacing may: which you carry Comprehensive or Specified a. Be based on an estimate which Causes of Loss Coverage. We will pay for includes parts furnished by the original temporary transportation expenses incurred during equipment manufacturer or other the period beginning 24 hours after the theft and sources including non-original ending,regardless of the policy's expiration,when equipment manufacturers and the covered "auto"is returned to use or we pay for b. If a repair or replacement results in its"loss". better than like kind or quality, we will Q. EXTRA EXPENSE—STOLEN AUTOS not pay for the amount of the net The following paragraph is added to Section A.4. improvement. of SECTION III — PHYSICAL DAMAGE 5. If we offer to pay the actual cash value of COVERAGE: the damaged or stolen property, we will c. We will pay for up to$5,000 for the expense of value auto advertising wraps, paint returning a stolen covered "auto" to you. We customization, and similar business will pay only for those covered "autos" for related advertising modifications, in which you carry Comprehensive or Specified addition to the actual cash value of the Causes of Loss Coverage. property. Auto advertising wraps, paint customization, and similar business related advertising modifications will be valued at the cost to replace them with an adjustment made for depreciation and physical condition. Page 4 of 7 Includes copyrighted material of insurance Services Office,Inc.,with its permission. NCA 70 06 01 18 NCA 70060118 S. NEW VEHICLE REPLACEMENT COST Causes of Loss Coverage is provided for The following is added to the Limit of Insurance any covered"auto"; or provision of SECTION III -PHYSICAL DAMAGE (3) Collision only if the Declarations indicate COVERAGE: that Collision Coverage is provided for any 5. The provisions of paragraphs Land 3. do not covered"auto". apply to a covered "auto" of the private However, the most we will pay for any passenger type or a vehicle with a gross expenses for loss of use is $50 per day, to a vehicle weight rating of 20,000 pounds or less maximum of $1,500. The insurance provided which is a"new vehicle." by this provision is excess over any other In the event of a total "loss" to your "new collectible insurance. vehicle"to which this coverage applies,we will U. BUSINESS INCOME AND EXTRA EXPENSE pay at your option: COVERAGE a. The verifiable "new vehicle" purchase 1. Business Income Coverage price you paid for your damaged vehicle, We will pay the actual loss of business income not including any insurance or warranties sustained by you as a result of the necessary purchased; suspension of your business during the period b. If it is available, the purchase price, as of restoration due to"loss"to a covered"auto" negotiated by us, of a"new vehicle"of the used in your business. The loss must be same make, model, and equipment or the caused by a cause of loss covered under item most similar model available,not including Al of Physical Damage Coverage in this any furnishings, parts, or equipment not Coverage Part. installed by the manufacturer or 2. Extra Expense Coverage manufacturers' dealership;or. We will pay the necessary and reasonable c. The market value of your damaged extra expenses that you incur during the period vehicle, not including any furnishings, of restoration that you would not have incurred parts, or equipment not installed by the had there been no "loss" to a covered "auto" manufacturer or manufacturer's used in your business. The loss must be dealership. caused by a cause of loss listed under item Al We will not pay for initiation or set up costs of Physical Damage Coverage in this associated with loans or leases Coverage Part. Extra Expenses means those As used in this endorsement, a "new vehicle" expenses you incur to avoid or minimize the means an "auto" of which you are the original - suspension of business and to continue your owner that has not been previously titled and business operations. which you purchased less than 365 days 3. Additional Conditions before the date of the"loss". We will,not pay for"loss"or expenses caused T. PHYSICAL DAMAGE COVERAGE by suspension, lapse or cancellation of any EXTENSIONS license, lease or contract. But if the Under SECTION III — PHYSICAL DAMAGE suspension, lapse or cancellation is directly COVERAGE, A. Coverage, 4. Coverage caused by the suspension of your business, Extensions, b. Loss of Use Expenses is replaced we will cover such "loss" that affects your by the following: business income. We will not pay under this b. Loss of Use Expenses coverage if you do not repair or replace the covered"auto".You must resume all or part of For Hired Auto Physical Damage, we will pay your business as quickly as possible. If you expenses for which an "Insured" becomes have other autos you can use to reduce the legally responsible to pay for loss of use of a amount of loss payable under this coverage, vehicle rented or hired without a driver, under you are required to use them.We will pay for a written rental contract or agreement.We will expenses you incur to reduce the amount that pay for loss of use expenses if caused by: otherwise would have been payable under this (1) Other than collision if the Declarations coverage. We will not pay more than the indicate that Comprehensive Coverage Is amount by which you actually reduce the provided for any covered"auto"; business income loss or extra expense (2) Specified Causes of Loss only if the incurred. Declarations indicate that Specified NCA 70 06 01 18 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 5 of 7 NCA 70060118 4. Limit W. NOTICE OF AND KNOWLEDGE OF The most we will pay for "loss" arising out of OCCURRENCE one covered"auto"is$10,000 per loss with an SECTION IV—BUSINESS AUTO CONDITIONS, annual aggregate of$20,000.Payment applies Paragraph A Is amended as follows: in addition to the otherwise applicable amount 6. NOTICE OF AND KNOWLEDGE OF of each coverage you have on a covered OCCURRENCE "auto". a. Your obligation in the Duties in the Event 5. Definitions of Accident, Claim, Suit or Loss Condition a. "Business Income"means the: relative to notification requirements (1) Net income (Net profit or loss before applies only when the "accident" or"loss" income taxes) that would have been is known to: earned or incurred if no loss would (1) You,if you are an individual; have occurred;and (2) A partner,if you are a partnership; (2) Continuing normal operating (3) A member, if you are a limited liability expenses incurred,including payroll. company;or b. "Period of Restoration" means the period (4) An executive officer or insurance of time that: manager, if you are a corporation. (1) Begins: b. Your obligation in the. Duties in the Event (a) 24 hours after the time of loss for of Accident, Claim, Suit or Loss Condition Business Income Coverage;or relative to providing us with documents (b) Immediately after the time of loss concerning a claim or "suit" will not be for Extra Expense Coverage; and - considered breached unless the breach (2) Ends at the earliest of: occurs after such claim or"suit" is known to: (a) The time required to resume your (1) You, if you are an individual; normal business operations;or (b) The time that is reasonably (2) A partner, If you are a partnership; necessary to repair or replace the (3) A member, if you are a limited liability covered auto with a maximum company;or time period of 180 days. Period of (4) An executive officer or insurance Restoration does not include any manager, If you are a corporation. Increased period required due to X. HIRED CAR—COVERAGE TERRITORY the enforcement of any ordinance Item (5) of the Policy Period, Coverage Territory or law that requires any insured or General Condition is replaced by the following: others to test for, monitor, clean up, remove, contain, treat, (5) Anywhere in the world if a covered"auto"is detoxify or neutralize or in anyway leased,hired, rented or borrowed without a respond to or assess the effects of driver for a period of 30 days or less;and pollutants. The expiration date of Y. EMERGENCY LOCKOUT this policy will not cut short the We will reimburse you up to $100 for reasonable period of restoration. expense Incurred for the services of a locksmith to V. TRANSFER OF RIGHTS OF RECOVERY gain entry into your covered"auto"subject to these AGAINST OTHERS TO US provisions: The following is added to the Transfer Of Rights Of 1. Your door key, electronic key or key entry pad Recovery Against Others To Us Condition: has been lost, stolen or locked in your covered We waive any right of recovery we may have "auto"and you are unable to enter such"auto" against any person or organization to the ;or extent required of you by a written contract 2. Your keyless entry device battery dies and you executed prior to any "accident" because of are unable to enter such"auto"as a result; payments we make for damages under this 3. Your key, electronic key or key entry pad has coverage form. been lost or stolen and you have changed the lock to prevent an unauthorized entry;and Page 6 of 7 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. NCA 70 06 01 18 NCA 70 06 01 18 4. Original copies of receipts for services of a If we cancel for any reason other than nonpayment locksmith must be provided before of premium, we will mail or deliver to the First reimbursement is payable. Named Insured written notice of cancellation at Z. CANCELLATION CONDITION least 60 days before the effective date of Paragraph A.2. of the COMMON POLICY cancellation.This provision does not apply in those CONDITION—CANCELLATION applies except as states that require more than 60 days prior notice of cancellation. follows: All terms and conditions of this policy apply unless modified by this endorsement. NCA 70 06 01 18 Includes copyrighted material of Insurance Services Office,Inc.,with Its permission. Page 7 of 7