Loading...
HomeMy WebLinkAboutPacific Sound Control - 2024-10-29 (2) SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND PACIFIC SOUND CONTROL FOR MAINTENANCE OF SOUND BARRIERS 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 Sound Control, hereinafter referred to as "Contractor." Recitals A. The City desires to retain a Contractor having special skill and knowledge in the field of maintaining sound barriers. 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 Scott Getman, 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. 24-15592/362233 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 amount of 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 tcf2M 2t4, 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. 24-15592/362233 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, 24-15592/362233 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. 24-15592/362233 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. 24-15592/362233 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 Sound Control Attn: Director of Comm. &Library Services Attn: Scott Getman 2000 Main Street 2677 North Main Street, #230 Huntington Beach, CA 92648 Santa Ana, CA 92705 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. • 24-15592/362233 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; 24-15592/362233 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. 24-15592/362233 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. 24-15592/362233 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 he 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 SOUND CONTROL municipal corporation of the State of California By: Mayor D ug McDaniel Print name ITS: (circle one) Chairms@President/ Vice President City Clerk AND By:_ Rebecca McDaniel INITIATED AND APPROVED: Pri ink,_ ITS: (circle o Secretary/Chief Financial Officer/Asst. Secretary-Treasurer Director of Community & Library Services APPROVED AS TO FORM: City Attorney REVIEWED AND APPROVED: City Manager COUNTERPART 24-15592/362233 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 PACIFIC SOUND CONTROL municipal corporation of the State of California By: Mayor Print name ITS: (circle one) Chairman/President/ 114:11414484Afritte Vice President City Clerk //20clie AND By: INITIATED AND APPROVED: Print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary-Treasurer Dir ctor o om & Library Services APPROVED AS FORM: ity Attorney REVIEWED AND APPROVED: City Manager COUNTERPART 24-15592/362233 10 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Maintenance of sound barriers at the Senior Center B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: SEE ATTACHED EXHIBIT A C. CITY'S DUTIES AND RESPONSIBILITIES: D. WORK PROGRAM/PROJECT SCHEDULE: 24-15592/362233 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: Minimum charge of$1,340.00 (2 technicians), for driving time+two hours (min.) on site. After the first two hours (on site), the hourly rate is $260.00/hr. (two technicians) on the same day. Each day this reset. 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 24-15592/362233 12 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 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. 24-15592/362233 13 f rl�, �--.0.4) CEPICKU-01 CGARCIA AC PMCP" MMI(DATE DD/YYYY) �-� CERTIFICATE OF LIABILITY INSURANCE DATE 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 p'olicy,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 License#0415724 CoN TACT Cassie Garcia Hendersons Insurance Agency,Inc. PHPHONE N 6548 Bright Ave (A/C,No,Eat): I FAX No): Whittler,CA 90601 Vass;cassle@hendersonsinsure.com INSURER(S)AFFORDING COVERAGE NAIC S INSURER A:Kinsale Insurance 38920 INSURED INSURER B:Mercury•Casualty Company 11908 C E Pickup.Company,Inc:DBA:Pacific Sound Control INSURER C:Richmond National Insurance Company 17103 2677 N.Main St. Ste 230. INSURERD:State Compensation Ins.Fund 35076 Santa Ana,CA 92705 INSURER E: INSURER : 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 I 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, I EXCLUSIONS AND CONDITIONS OF.SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR, TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF POLICY EXP LIMITS I LTR INSR WVD (MM!DDIYYYY1 (MMIDDIYYYYI A X COMMERCIAL GENERAL LIABILITY - EACH OCCURRENCE S 1,000,000 CLAIMS-MADE X OCCUR X x 0100054715-7 10/10/2024 10/10/2025 pREMGSES(EaEoNTErrenco1 S 100,000 MED EXP(Any one person) S 5,000 PERSONAL&ADV INJURY S 1,000,000 GEN'LAGGREGATE LIMIT APPLIESPER: GENERAL AGGREGATE S 2,000,000 POLICY X JECT LOG PRODUCTS-COMP/OP AGG S 2,000,000 OTHER:DED.GL/PD$2,500 s B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 _(Eaaccident) 'S X ANY AUTO X X BA040000037371 10/16/2024 10/16/2025 BODILY INJURY(Per person) S OWNED SCHEDULED _ AUTOS ONLYAUTOSS BODILY INJURY(Per accident) S FAIRS ONLY AUT S ONLY ( ,,,a 1ntDAMAGE S X COh1PO DED- x COAIP DED- ) S C X SSUM0BRELLA LIAB SX OCCUR EACH OCCURRENCE S 5,000,000 EXCESS LIAB ^ CLAIMS-MADE X X RN7050200501 10/10/2024 10/10/2025 AGGREGATE '$ 5,000,000 DED RETENTIONS S D WORKERS COMPENSATION X STATUTE ERH AND EMPLOYERS'LIABILITY Y/N X 9075495-24 10/10/2024 10/10/2025 1,000,000 R/ANY PROPRIETOR/PARTNEEXECUTIVE E.L:EACH ACCIDENT S OFFICERIMEEMBEREXCLUDED? NIA (Mandatory In NH) - E.L.DISEASE-EA EMPLOYEE S 1'000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule.may be attached If more space Is required) 30 Day Notice of Cancellation Any Reason/10 Days Notice for Non-payment of Premium Waiver of Subrogation Included/Insurance Is Primary and Non-Contributory City of Huntington Beach,its officers,elected or appointed officials,employees,agents and volunteers APPROVED AS TO FORM ` r � as additional insureds. fly: MICHAEL E. GATES CITY ATTORNEY CERTIFICATE HOLDER CANCELLATION CITY OF HUNTINGTON BEAC1' SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Huntington Beach THE WITH THE POLICY P OVISI NOTICE WILL BE DELIVERED IN 2000 Main St. Huntington Beach,CA 92648 AUTHORIZED REPRESENTATIVE I ACORD 25(2016/03) ©1988 2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS-SCHEDULED PERSON OR ORGANIZATION Attached To and Forming Pcirt of Policy Effective Date of Endorsement Named Insured 0100054715.7 10/10i2024 12:01AM at the Named CE Pickup Company Inc Insured address shown on the Declarations Additional Premium: Return Premium: $0 $0 Policy Change Number:1 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 appointed officials; Locations as required and specified by written contract, employees,agents end volunteers executed prior to the start of work on the project. 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 B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability 'for "bodily injury", This insurance does not apply to"bodily injury."or "property damage" or "personal and advertising "property damage"occurring after: Injury"caused,in'whole or in part,by: 1. Your acts or omissions;or 1. All work, including materials, parts or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs)to be performed by or in the performance of your ongoing operations on behalf of the additional insured(s) at the for the additional insured(s) at the location(s) location of the covered operations has been designated above. completed;or However: 2. That portion of "your work" out of which the injury or damage arises has been put to Its 1. The insurance afforded to such additional Intended use by any person or organization insured only applies to the extent permitted other than another contractor or by law;and subcontractor engaged in performing 2. If coverage provided to the additional insured operations for a principal as a part of the is required by a contract or agreement, the same project. insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 04 13 04 13 Co Insurance Services.Office,Inc.,2012 Page 1 of 2 • C. With respect to the insurance afforded to these 2. Available under the applicable Limits of additional insureds, the following is added to Insurance shown in the Declarations; Section III—Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the - required by a contract or agreement,the most we applicable Limits of Insurance shown in the will pay on behalf of the additional insured is the Declarations. amount of insurance: 1. Required by the contract or agreement;or ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. • • • CG 20 10 04 13 04 13 ©Insurance Services Office,Inc.,2012 Page 2 of 2 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. ADDITIONAL INSURED- OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 0100054715-7 10/10/2024 12:01AM at the Named CE Pickup Company fnc Insured address shown on the Declarations Additional Premium: Return Premium; $0 _._ so Policy Change Number:1 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) Location and Description of Completed Operations City.of Huntington Beach,its officers,elected or appointed officials; employees,agents and;volunteers, ,EXCLUDES ALL NEW RESIDENTIAL CONSTRUCTION-ADDITIONAL WORDING: "Your work"does not include"new residential construction", which means any building or structure not previously occupied,and designed or intended for occupancy in whole or in part as a residence by any person or persons."New residential construction"does not include apartments or apartment buildings or assisted living facilities. 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 B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section Ill—Limits Of insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage"caused, in whole or in part, by required by a contract or agreement,the most we "your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included in the "products-completed operations 1. Required by the contract or agreement; or hazard". 2. Available under the applicable Limits of However: Insurance shown in the Declarations; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted This endorsement shall not Increase the by law;and applicable Limits of Insurance shown in the 2. If coverage provided to the additional insured Declarations. Is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional Insured. CG 20 37 04 13 04 13 ©.Insurance Services Office,Inc.,2012 Page 1 of 2 ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. CG 20 37 04 13 04 13 ©Insurance Services Office,Inc.,2012 Page 2 of 2 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. ADDITIONAL INSURED- PRIMARY AND.NON-CONTRIBUTORY ENDORSEMENT Attached To and Forming Part of Policy' Effective Date of Endorsement Named Insured 010005471E-7 10/10/2024 12:01AM at the Named CE Pickup Company Inc Insured address shown on the Declarations Additional Premium: Return Premium: $0 $0 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE ENVIRONMENTAL CONTRACTING AND PROFESSIONAL SERVICES LIABILITY COVERAGE PRODUCTS POLLUTION LIABILITY COVERAGE PREMISES ENVIRONMENTAL LIABILITY INSURANCE COVERAGE ENVIRONMENTAL COMBINED LIABILITY POLICY ALL COVERAGE PARTS The insurance provided to Additional Insureds shall be excess with respect to any other valid and collectible insurance available to the Additional Insured unless the written contract specifically requires that this insurance apply on-a primary and'non-contributory basis,in which case this insurance shall be primary and non contributory.: ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. CAS5003 0717 Page 1 of 1 • THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. COMMON CONDITIONS-CASUALTY Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 0100051715-7 10/10/2024. 12:01AM at the Named insured CE Pickup Company Inc address shown on the Declarations Additional Premium: Return Premium: $0 $0 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE LIQUOR LIABILITY COVERAGE OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE CANCELLATION a. The first Named Insured shown in the Declarations may cancel this Policy by mailing or delivering to us advance written notice of cancellation. b. We may cancel this Policy by mailing or delivering to the first Named Insured written notice of cancellation at least: 1) Ten(10)days before the effective date of cancellation if we cancel for non-payment of premium;or 2) Thirty(30)days before the effective date of cancellation if we cancel for any other reason. c. We will mail or deliver our notice to the first Named Insured's last mailing address known to us. If notice is mailed, proof of mailing will be sufficient proof of notice. d. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. e. If this Policy is cancelled,we will send the first Named Insured any refund due subject to the minimum earned premium provisions of the Policy. If we cancel for reasons other than non-payment of premium,the refund will be pro rata. If we cancel due to non-payment of premium or if the first Named Insured cancels,the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. NON-RENEWAL—the When We Do Not Renew Condition of the Policy is deleted and replaced with the following: a. If we elect not to renew this Policy,we shall mail written notice to the first Named Insured at the address shown in the Declarations. Such written notice of non-renewal shall be mailed at least thirty(30)days prior to the end of the policy period. b. If notice Is mailed,proof of mailing will be sufficient proof of notice. CHANGES This Policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations Is authorized to make changes in the terms of this Policy with our consent.This Policy's terms can be amended or waived only by endorsement issued by us and made a part of this Policy. TERMS,CONDITIONS AND PREMIUMS The first Named Insured shown in the Declarations is responsible for the payment of all premiums and will be the payee for any return premiums we pay. On each renewal, continuation or anniversary of the effective date of the Policy or on an annual basis, the Company will determine the rate and premium and may amend the terms and conditions of the Policy In accordance with the rates and rules then in effect. EXAMINATION OF YOUR BOOKS AND RECORDS We may examine and audit your books and records as they relate to this Policy at any time during the policy period and up to three years afterward. CAS2007 0220 Page 1 of 3 TRANSFER OF YOUR RIGHTS AND DUTIES UNDER THIS POLICY Your rights and duties under this Policy may not be transferred without our written consent except in the case of death of an individual Named Insured. If you die,your rights and duties will be transferred to your legal representative,but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties,but only with respect to that property. SERVICE OF SUIT In the event of the failure of the Company to pay any amount claimed to be due under this Policy,the Company will submit to the jurisdiction of any court of competent jurisdiction within the United States of America or Canada. All matters arising under this Policy shall he determined in accordance with the choice of law rules of such court.Nothing in this clause constitutes or should be understood to constitute a waiver of the Company's rights to commence an action in any Court of competent jurisdiction in the United States,to remove an action to a United States District Court, or to seek a transfer of a case to another Court as permitted by the laws of the United States or of any State in the United States. Service of process in any such suit may be made upon the President and Chief Executive Officer of the Company or his designee at the address shown on the Declarations of this Policy. In any suit instituted upon this contract and against the President and Chief Executive Officer of the Company or his designee,the Company will abide by the final decision of such Court or of any Appellate Court In the event of an appeal. The President and Chief Executive Officer of the Company or his designee are authorized and directed to accept service of process. Pursuant to any statute of any state,territory or district of the United States of America,the Company designates the Superintendent,Commissioner or Director of Insurance or other officer specified for the purpose in the statute,or his successors in office,as its true and lawful attorney upon whom may be served any lawful process in any action,suit or proceeding instituted by or on behalf of the insured or any beneficiary under this Policy arising out of this contract of insurance. The Company designates the above-named as the person to whom said officer is authorized to mail such process or a true copy of such process. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US—the Transfer Of Rights Of Recovery Against Others To Us Condition of the Policy is deleted and replaced with the following: If any person or organization to or for whom we make payment under this Policy has rights to recover damages from another,those rights are transferred to us.That person or organization must do nothing after loss to impair them. At our request,the insured will bring suit or transfer those rights to us and help us enforce them. LEGAL ACTION AGAINST US—the Legal Action Against Us Condition of the Policydeleted and replaced with the following: �is P No one may bring a legal action against us under this Policy unless there has been full compliance with all of the terms ` of this Policy. No suit,action or proceeding for the recovery of any claim under this Policy shall be sustainable in any court of law or equity unless it is commenced within twelve (12) months next after discovery by the insured of the occurrence which gives rise to the claim,provided however,that if by the laws of the state within which this Policy is is issued,such limitation is invalid then any such claims shall be void unless such action,suit or proceeding is commenced within the shortest limit of time permitted by the laws of such state. We will not be liable for damages that are not payable under the terms of this Policy or that are in excess of the applicable Limit of Insurance. BINDING ARBITRATION All disputes under this Policy shall be subject to binding arbitration as follows: } a. All disputes over coverage or any rights afforded under this Policy,Including whether an entity or person is a Named Insured,an insured,an additional insured,or entitled to coverage under the Supplementary Payments CAS2007 0220 Page 2 of 3 provisions of this Policy or the effect of any applicable statutes or common law upon the contractual obligations owed,shall be submitted to binding arbitration,which shall be the sole and exclusive means to resolve the dispute. Either party may initiate the binding arbitration. The arbitration forum and process shall be agreed to by the parties. In the event the parties cannot agree on an arbitration forum and process, the matter shall be submitted to the American Arbitration Association. The arbitration shall be before a panel of three arbitrators,unless the parties agree to one arbitrator,ail of whom shall have experience in insurance coverage of the type afforded by this Policy. If the parties select a panel of three arbitrators, each party shall select an arbitrator and the chosen arbitrators shall select a third arbitrator. The American Arbitration Association shall decide any disputes concerning the selection of the Arbitrators. The potential arbitrators from which the arbitrators shall be selected shall not be confined to those provided by the American Arbitration Association. Each party shall bear the costs of its arbitrator and shall share equally the costs of the third arbitrator and arbitration process.In the event of a single arbitrator,the cost shall be shared equally by the parties.The decision of the arbitration is final and binding on the parties. b. All disputes regarding payment(s)owed under this Policy for any deductible or premium,including but not limited to any audit premium,shall be settled by binding arbitration administered by the American Arbitration Association in accordance with the AM Expedited Procedures.This arbitration shall be the sole and exclusive means to resolve the dispute.Either party may initiate the binding arbitration. Each party will provide relevant documents in support of its position.In order to eliminate undue burden and expense,there shall be no other discovery allowed.The arbitration will be based solely on the documents submitted by the parties and there shall be no in-person or oral hearing.The disputes shall be decided by a single arbitrator.The arbitrator's decision shall be accompanied by a reasoned opinion and shall be binding upon all parties. Any judgment or award rendered by the arbitrator may be entered in any court having jurisdiction to enforce such judgment or award. Each party shall bear its own costs and expenses and an equal share of the arbitrator's fee and any administrative fees associated with the arbitration. Except as may be required by law,neither a party nor the arbitrator may disclose the existence,content,or results of any arbitration hereunder without the prior written consent of both parties. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. is li. E- l; 11 { It , li l�. Y CAS2007 0220 Page 3 of 3 • THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US-BLANKET- YOUR PRODUCTS Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 0100054715-7 10/10/2024 12:01AM at the Named CE Pickup Company Inc Insured address shown on the Declarations Additional Premium: Return Premium: $0 $0 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE SECTION IV—CONDITIONS,8.Transfer of Rights of Recovery against Others to Us is amended by the addition of the following: We waive any right of recovery we may have against persons or organizations because of payments we make for injury or damage arising out of"your product"when required under a written contract with that person or organization wherein you have agreed to provide this waiver. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. • is is CAS4033 0813 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US-BLANKET Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 0100054715.3 10/10/2024 12:01AM at the Named CE Pickup Company Inc Insured address shown on the Declarations Additional Premium: Return Premium: $0 $0 ' This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE SECTION IV—CONDITIONS,8.Transfer of Rights of Recovery against Others to Us is amended by the addition of the following: We waive any right of recovery we may have against persons or organizations because of payments we make for injury or damage arising out of"your work"done under a written contract with that person or organization wherein you have agreed to provide this waiver. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. • CAS4002 0110 Page 1 of 1 • STATE ENDORSEMENT AGREEMENT BROKER COPY COMPENSATION WAIVER OF SUBROGATION REP D1 INSURANCE BLANKET BASIS 9075495-24 FUND RENEWAL SC HOME OFFICE 2-49-34-63 SAN FRANCISCO EFFECTIVE OCTOBER 10, 2024 AT 12.01 A.M. PAGE 1 OF 1 ALL EFFECTIVE DATES ARE AND EXPIRING OCTOBER 10, 2025 AT 12.01 A.M. AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME C E PICKUP COMPANY INC 2677 N MAIN ST STE 230 SANTA ANA, CA 92705 WE HAVE THE RIGHT TO RECOVER OUR PAYMENTS FROM ANYONE LIABLE FOR AN INJURY COVERED BY THIS POLICY. WE WILL NOT ENFORCE OUR RIGHT AGAINST THE PERSON OR ORGANIZATION NAMED IN THE SCHEDULE. THIS AGREEMENT APPLIES ONLY TO THE EXTENT THAT YOU PERFORM WORK UNDER A WRITTEN CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT FROM US. THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE 2.00% OF THE TOTAL POLICY PREMIUM. SCHEDULE PERSON OR ORGANIZATION JOB DESCRIPTION ANY PERSON OR ORGANIZATION BLANKET WAIVER OF FOR WHOM THE NAMED INSURED SUBROGATION HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: OCTOBER 11, 2024 „ef.„,-/ed.2572 AUTHORIZED REPRESENT IVE PRESIDENT AND CEO SCIF FORM 10217 (REV.7-20141 OLD DP 217 is Policy Number:BA040000037371 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Business Auto Broadening Endorsement This endorsemen modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM 1. NEWLY ACQUIRED OR FORMED ENTITY(BROAD FORM NAMED INSURED) II. EMPLOYEES AS INSUREDS III. AUTOMATIC ADDITIONAL INSURED • IV. EMPLOYEE HIRED AUTO LIABILITY V. SUPPLEMENTARY PAYMENTS Vi. FELLOW EMPLOYEE COVERAGE VI1. ADDITIONAL TRANSPORTATION EXPENSE VIII. HIRED AUTO PHYSICAL DAMAGE COVERAGE IX. ACCIDENTAL AIRBAG DEPLOYMENT COVERAGE X. LOAN/LEASE GAP COVERAGE XI. GLASS REPAIR—DEDUCTIBLE WAIVER XII. TWO OR MORE DEDUCTIBLES XIII. AMENDED DUTIES IN EVENT OF ACCIDENT,CLAIM,SUIT OR LOSS XIV, WAIVER OF SUBROGATION XV. UNINTENTIONAL ERROR, OMISSION, OR FAILURE TO DISCLOSE HAZARDS XVI. EMPLOYEE HIRED AUTO PHYSICAL DAMAGE XVII. PRIMARY AND NONCONTRIBUTORY IF REQUIRED BY CONTRACT XVIII. HIRED AUTO—COVERAGE TERRITORY XIX. BODILY INJURY REDEFINED TO INCLUDE RESULTANT MENTAL ANGUISH Copyrig 0 Mercury Insurance Services,LLC. All rig s reserved. MCA85 008 CA Includes copyrig ed ma erial of Insurance Services Office,Inc.,wi i s Permission Page of 6 BUSINESS AUTO COVERAGE FORM NEWLY ACQUIRED OR FORMED ENTITY(Broad Form Named Insured) SECTION II-LIABILITY COVERAGE,A.Coverage, .Who Is An Insured,the following is added: d. Any business en ity newly acquired or formed by you during the policy period provided you own 50%or more of the business en ity and the business entity is not separately insured for Business Auto Coverage.Coverage is extended up to a maximum of 180 days following acquisition or formation of the business entity. Coverage under this provision is afforded only until the end of the policy period. Coverage does not apply to an"accident"which occurred before you acquired or formed t e organiza ion. II. EMPLOYEES AS INSUREDS SECTION II-LIABILITY COVERAGE,A.Coverage, .Who Is An Insured,the following is added: e. Any"employee"of yours is an"insured"while using a covered"auto"you don't own, hire or borrow in your business or your personal affairs. III. AUTOMATIC ADDITIONAL INSURED SECTION II-LIABILITY COVERAGE,A.Coverage, .Who Is An Insured,the following is added: f. Any person or organization tha you are required to include as additional insured on t e Coverage Form in a writ en contract or agreemen that is signed and executed by you before the"bodily injury"or"property damage"occurs and that is in effect during he policy period is an"insured"for Liability Coverage, but only for damages o which this insurance applies and only to the extent that person or organization qualifies as an"insured" under the W o Is An Insured provision contained in Section II. IV. EMPLOYEE HIRED AUTO LIABILITY SECTION I1-LIABILITY COVERAGE,A.Coverage, .Who Is An Insured,the following is added: g. An"employee"of yours is an"insured"w ile opera ing an"auto"hired or rented under a contrac or agreement in that"employee's"name,with your permission, while performing du ies related o the conduc of your business. V. SUPPLEMENTARY PAYMENTS SECTION II—LIABILITY COVERAGE,A.Coverage, .Coverage Extensions,a.Supplementary Payments,Subparagraphs(2)and(4)are replaced by the following: (2) Up to$3,000 for cos of bail bonds(including bonds for related traffic law violations)required because of an "accident"we cover. We are not obligated to furnish these bonds. (4) All reasonable expenses incurred by the"insured"at our request, including actual loss of earnings up to$500 a day because of ime off from work. Copyrig 0 Mercury Insurance Services,LLC. All rig s reserved. MCA85100817-CA Includes copyrighted material of Insurance Services Office,Inc.,with its Permission Page 2 of 6 VI. FELLOW EMPLOYEE COVERAGE: • SECTION II—LIABILITY COVERAGE,B.Exclusions,5. Fellow Employee This exclusion does not apply if you have workers'compensation insurance in-force covering all of your"employees". Coverage is excess over any other collectible insurance. VII. ADDITIONAL TRANSPORTATION EXPENSE SECTION III-PHYSICAL DAMAGE COVERAGE,A.Coverage,4.Coverage Extensions,a.Transportation Expenses,is replaced with the following: We will pay up to$50 per day to a maximum of$1000 for temporary transportation expense incurred by you because of the total theft of a covered"auto"of the private passenger type.We will pay only for those covered"autos"for which you carry either Comprehensive or Specified Causes of Loss Coverage.We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending,regardless of the policy's expiration,when the covered"auto"is returned to use or we pay for its"loss". If your business shown in the Declarations is other than an auto dealership,we will also pay up to$1,000 for reasonable and necessary costs incurred by you to return a stolen covered auto from the place where it is recovered to its usual garaging location. VIII. HIRED AUTO PHYSICAL DAMAGE COVERAGE SECTION III—PHYSICAL DAMAGE COVERAGE,A.Coverage,4.Coverage Extensions,the following is added: c. If Liability Coverage is provided in this policy on a Symbol 1 or a Symbol 8 basis and Comprehensive,Specified Causes of Loss,or Collision coverages are provided under this coverage form for any"auto"you own,then the Physical Damage Coverages provided are extended to"autos"you hire,subject to the following limit: (1) The most we will pay for"loss"to any hired"auto" is$50,000 or Actual Cash Value or Cost of Repair,whichever is less (2) $500 deductible will apply to any loss under this coverage extension, except that no deductible shall apply to"loss"caused by fire or lightning Subject to the above limit and deductible we will provide coverage equal to the broadest coverage applicable to any covered "auto"you own of similar size and type. This coverage extension is excess coverage over any other collectible insurance. IX. ACCIDENTAL AIRBAG DEPLOYMENT COVERAGE SECTION Ill-PHYSICAL DAMAGE COVERAGE, B. Exclusions,3.a., is amended to add the following: This exclusion does not apply to the accidental discharge of an airbag. Copyright 2017 Mercury Insurance Services,LLC. All rights reserved. MCA85100817-CA Includes copyrighted material of Insurance Services Office,Inc.,with its Permission Page 3 of 6 X. LOAN/LEASE GAP COVERAGE SECTION III-PHYSICAL DAMAGE COVERAGE C. Limit of Insurance,the following is added: 4. In the event of a"total loss"to a covered"auto"shown in the schedule or declarations for which Collision and Comprehensive Coverage apply,we will pay any unpaid amount due on the lease or loan for that covered"auto,"less: a. The amount paid under the Physical Damage Coverage Section of the policy;and b. Any: (1) Overdue lease/loan payments at the time of the"loss"; (2) Financial penalties imposed under a lease for excessive use,abnormal wear and tear or high mileage. (3) Security deposits not returned by the lessor; (4) Costs for extended warranties,Credit Life Insurance,Health,Accident or Disability Insurance purchased with the loan or lease;and (5) Carry-over balances from previous loans or leases. The most we will pay under Auto Loan/Lease Gap Coverage for an insured auto is 25%of the actual cash value of that insured auto at the time of the loss. Xl. GLASS REPAIR—DEDUCTIBLE WAIVER SECTION III-PHYSICAL DAMAGE COVERAGE,D.Deductible,the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. XII. TWO OR MORE DEDUCTIBLES SECTION III-PHYSICAL DAMAGE COVERAGE,D.Deductible,the following is added: If two or more"company"policies or coverage forms apply to the same accident: 1. If the applicable Business Auto deductible is the smallest, it will be waived;or 2. If the applicable Business Auto deductible is not the smallest,it will be reduced by the amount of the smallest deductible;or 3. If the loss involves two or more Business Auto coverage forms or policies the smallest deductible will be waived. For the purpose of this endorsement"company" means the company providing this insurance and any of the affiliated members of the Mercury Insurance Group of companies. XIII. AMENDED DUTIES IN EVENT OF ACCIDENT,CLAIM,SUIT OR LOSS The requirement in SECTION IV, BUSINESS AUTO CONDITIONS,A.Loss Conditions, 2. Duties In The Event Of Accident,Claim,Suit,Or Loss,a., In the event of"accident",you must notify us of an "accident"applies only when the"accident" is known to: (1) You,if you are an individual; (2) A partner,if you are a partnership; (3) A member,if you are a limited liability company;or (4) An executive officer or insurance manager, if you are a corporation. Copyright 2017 Mercury Insurance Services,LLC. All rights reserved. MCA85100817-CA Includes copyrighted material of Insurance Services Office,Inc.,with its Permission Page 4 of 6 XIV. WAIVER OF SUBROGATION SECTION IV-BUSINESS AUTO CONDITIONS,A. Loss Conditions,5.Transfer of Rights Of Recovery Against Others To Us,section is replaced by the following: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the extent required of you by a written contract executed prior to any"accident"or "loss", provided that the"accident"or"loss"arises out of the operations contemplated by such contract.The waiver applies only to the person or organization designated in such contract. XV. UNINTENTIONAL ERROR,OMISSION,OR FAILURE TO DISCLOSE HAZARDS SECTION IV-BUSINESS AUTO CONDITIONS, B.General Conditions,2.Concealment, Misrepresentation,or Fraud,the following is added: Any unintentional omission of or error in information given by you,or unintentional failure to disclose all exposures or hazards existing as of the effective date or at any time during the policy period shall not invalidate or adversely affect the coverage for such exposure or hazard or prejudice your rights under this insurance. However,you must report the undisclosed exposure or hazard to us as soon as reasonably possible after its discovery. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. XVI. EMPLOYEE HIRED AUTO PHYSICAL DAMAGE SECTION IV—BUSINESS AUTO CONDITIONS,B.General Conditions,5.Other Insurance, b. For Hired Auto Physical Damage Coverage,is replaced by the following: b. For Hired Auto Physical Damage Coverage,the following are deemed to be covered "autos"you own: 1. Any covered"auto"you lease,hire,rent or borrow;and 2. Any covered"auto"hired or rented by your"employee"under a contract in that individual"employee's"name,with your permission,while performing duties related to the conduct of your business. However,any"auto"that is leased,hired, rented or borrowed with a driver is not a covered "auto". XVII. PRIMARY AND NONCONTRIBUTORY IF REQUIRED BY CONTRACT SECTION IV—BUSINESS AUTO CONDITIONS,B.General Conditions,5.Other Insurance,the following is added and supersedes any provision to the contrary: e. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance;and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. Copyright 2017 Mercury Insurance Services,LLC. All rights reserved. MCA8S100817-CA Includes copyrighted material of Insurance Services Office,Inc.,with its Permission Page 5 of 6 XVIII. HIRED AUTO-COVERAGE TERRITORY SECTION IV-BUSINESS AUTO CONDITIONS, B.General Conditions,7. Policy Period,Coverage Territory,e.Anywhere in the world if:,is replaced by the following: e. Anywhere in the world if: (1) A covered"auto" is leased,hired, rented or borrowed without a driver for a period of 30 days or less;and (2) The"insured's"responsibility to pay damages is determined in a"suit"on the merits,in the United States of America,the territories and possessions of the United States of America, Puerto Rico,or Canada or in a settlement we agree to. XIX. BODILY INJURY REDEFINED TO INCLUDE RESULTANT MENTAL ANGUISH SECTION V--DEFINITIONS,C."Bodily Injury"is amended by adding the following: "Bodily injury"also includes mental anguish but only when the mental anguish arises from other bodily injury,sickness,or disease. Copyright 2017 Mercury Insurance Services,LLC. All rights reserved. MCA85100817-CA Includes copyrighted material of Insurance Services Office,Inc.,with its Permission Page 6 of 6