SCS Engineers
Zero Waste Technical Assistance 1 Version 06.13.23
SERVICE PROVIDER AGREEMENT
This SERVICE PROVIDER AGREEMENT (“Agreement”) is entered into this ___ day of July, 2023 (“Effective Date ”), by and between the CITY OF ALAMEDA, a municipal corporation (“the City”), and STEARNS, CONRAD AND SCHMIDT CONSULTING ENGINEERS, INC , a Virginia Corporation, whose address is 7041 KOLL CENTER PARKWAY, SUITE 135, PLEASANTON CALIFORNIA 94566 ,( “Provider”), in reference to the following facts and circumstances:
RECITALS
A. The City is a municipal corporation duly organized and validl y existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City.
B. The City is in need of the following services: Zero Waste tec hnical assistance for City of Alameda commercial, multifamily, and industrial waste sectors. City staff issued a request for proposals on May 18, 2023. After a submittal period of 16 days, City staff received one (1) timely submitted qualification and selected that firm SCS as the provider to best meet the needs of the City.
C. Provider possesses the skill, experience, ability, background , certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein.
D. Whereas, the City Council author ized the City Manager to execute this agreement on July 18, 2023.
E. The City and Provider desire to enter into an agreement for s ixty (60) months, upon the terms and conditions herein.
AGREEMENT
NOW, THEREFORE, in consideration of the forgoing, which are inc orporated herein by reference, and for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the City and Provider agree as follows:
1. TERM:
The term of this Agreement shall commence on the day of July 202 3, and shall terminate on the day of July 2028, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED:
Provider agrees to do all necessary work at its own cost and expense, to furnish all labor, tools, equipment, materials, except as otherwise specified, and to do all necessary work included in Exhibit A as requested. Provider acknowledges that the work plan included in Exhibit A is tentative and does not commit the City to request Provider to perform all tasks included therein.
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3. COMPENSATION TO PROVIDER:
a. By the 7 th day of each month, Provider shall submit to the City an invoice for the total amount of work done the previous month. Pricing and acco unting of charges are to be according to the fee schedule as set forth in Exhibit B and incorporated herein by this reference.
b. Compensation for work done under this Agreement, shall not exceed as follows:
4. TIME IS OF THE ESSENCE:
Provider and the City agree that time is of the essence regardi ng the performance of this Agreement.
5. STANDARD OF CARE:
Provider agrees to perform all services hereunder in a manner c ommensurate with the prevailing standards of like professionals or service providers, as applicable, in the San Francisco Bay Area and agrees that all services shall be performed by qua lified and experienced personnel who are not employed by the City.
6. INDEPENDENT PARTIES:
Provider hereby declares that Provider is engaged as an independent business and Provider agrees to perform the services as an independent contractor. The manner and means of conducting the services and tasks are under the control of Provider except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of Provider’s se rvices. None of the benefits provided by the City to its employees, including but not limite d to unemployment insurance, workers’ compensation plans, vacation and sick leave, are available from the City to Provider, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an em ployer-employee relationship from any compensation due to Pr ovider. Payments of the above i tems, if required, are the responsibility of Provider.
7. IMMIGRATION REFORM AND CONTROL ACT (IRCA):
Provider assumes any and all re sponsibility for verifying the i dentity and employment authorization of all of its employees performing work hereunder, pursuant to all applicable IRCA or other federal, or state rules and regulations. Provider shall indemnify, defend, and hold the City Term Yearly Total Cumulative Total
Fiscal Year 23-24 $299,921 $299,921
Fiscal Year 24-25 $311,802 $611,723
Fiscal Year 25-26 $324,158 $935,881
Fiscal Year 26-27 $3 7,009 $1,272,890
Fiscal Year 27-28 $350,373 $1,623,263
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harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Provider.
8. NON-DISCRIMINATION:
Consistent with the City’s policy and state and federal law tha t harassment and discrimination are unacceptable conduct, Provider and its employees, contractors, and agents shall not harass or discriminate against any job applicant, City employee, or any other person on the basis of any kind of any statutorily (federal, state or local) protected class, including but not limited to: race, religious creed, color, national origin, ancestry, di sability (both mental and physical) including HIV and AIDS, medical condition (e.g. cancer), genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, pregnancy, political affiliation, military and veteran status or legitimate union activities. Provider agrees that any violation of this provision shall constitute a material breach of this Agreement.
9. HOLD HARMLESS:
a. To the fullest extent permitted by law, Provider shall indemni fy, defend (with counsel acceptable to the City) and hold harmless the City, its City Council, boards, commissions, officials, employees, agents and volunteers (“Indemnitees”) from and against any and all loss, damages, liability, obligations, claims, suits, judgments, costs and expenses whatsoever, including reasonable attorney’s fees and costs of litigation (“Claims”), to the extent arising from or in any manner connected to Provider’s performance of its obligations under this Agreement or out of the acts, errors, or omissions in the operations conducted by Provider even if the City is found to have been negligent. If the Claims filed against Indemnitees allege negligence, recklessness or willful misconduct on the part of Provide r, Provider shall have no right of reimbursement against Indemnitees for the costs of defense even if negligence, recklessness or willful misconduct is not found on the part of Provider. Provider shall not have any obligations to indemnify Indemnitees if the loss or damage is found to have resulted solely from the negligence or the willful misconduct of the City. The defense and inde mnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insura nce obligations contained in this Agreement.
b. As to Claims for professional liability only, Provider’s obli gation to defend Indemnitees (as set forth above) is limited as provided in California Civil Code Section 2782.8. c. Provider’s obligation to indemn ify, defend and hold harmless Indemnities shall expressly survive the expiration or early termination of this Agreement.
10. INSURANCE:
a. On or before the commencement of the terms of this Agreement, Provider shall furnish the City’s Risk Manager with certificates showing the t ype, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with Sections
10.b. (1) through (4) Such certificates, which do not limit Provider’s indemnification, shall also contain substantially the following statement:
“Should any of the above insuran ce covered by this certificate be canceled or coverage reduced before the expiration date thereof, the
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insurer affording coverage shall provide thirty (30) days’ adva nce written notice to the City of Alameda. Attention: Risk Manager.” Provider shall maintain in force at all times during the perfor mance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company licensed to offer insurance business in the State of California with a current A.M. Best’s rating of no less than A:VII or Standard & Poor’s Rating (if rated) of at least BBB unless otherwise acceptable to the City. Provider shall deliver updated insurance certificates to the City at the address described in Section 17.f. prior to the exp iration of the existing insurance certificate for the duration of the term of Agreement. Endorsements naming the City, its City Counc il, boards, commissions, officials, employees, agents, and volunteers as additional insur ed shall be submitted with the insurance certificates.
03/
Provider Initials
b. COVERAGE REQUIREMENTS:
Provider shall maintain insurance coverage and limits at least as broad as:
(1) Workers’ Compensation:
Statutory coverage as required by the State of California. (2) Liability:
Commercial general liability coverage in the following minimum limits:
Bodily Injury: $1,000,000 each occurrence
$2,000,000 aggregate - all other
Property Damage: $1,000,000 each occurrence
$2,000,000 aggregate
If submitted, combined single limit policy with per occurrence limits in the amounts of $2,000,000 and aggregate limits in the amounts of $4,000,000 will be considered equivalent to the required minimum limits shown abov e. Additional Insured Endorsement naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers is required. (3) Automotive:
Comprehensive automobile liability coverage (any auto) in the f ollowing minimum limits:
Bodily injury: $1,000,000 each occurrence
Property Damage: $1,000,000 each occurrence
or
Combined Single Limit: $2,000,000 each occurrence
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Additional Insured Endorsement naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers is required. (4) Professional Liability:
Professional liability insurance which includes coverage appropriate for the professional acts, errors and o missions of Provider’s professio n and work hereunder, including, but not limited to, technology professional liability errors and omissions if the services being provided are technology-based, in the following minimum limits:
$2,000,000 each occurrence
Technology professional liability errors and omissions shall in clude, or be endorsed to include, property damage liability coverage for dam age to, alteration of, loss of, or destruction of e lectronic data and/or informati on “property” of the City in the care, custody, or control of Provider. If not cover ed under Provider’s liability policy, such “property” coverage of the City may be e ndorsed onto Provider’s Cyber Liability Policy as covered property as follow s: cyber liability coverage in an amount of up to $5,000,000 to cover damage to, a lteration of, loss of, or destruction of electronic data and/or information “property” of the City that will be in the care, custody, or control of Provider.
As to commercial general liability and automobile liability ins urance, such insurance will provide that it constitutes primary insurance with respect to c laims insured by such policy, and, except with respect to limits, that insurance applies separately to each insured against whom claim is made or suit is brought. Such insurance is not additional to or contributing with any other insurance carried by or for the benefit of the City.
c. SUBROGATION WAIVER:
Provider hereby agrees to waive rights of subrogation that any insurer of Provider may acquire from Provider by virtue of the payment of any loss. Provider ag rees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation policy shall be endorsed with a waiver of subrogat ion in favor of the City for all work performed by Provider, its employees, agents and subcontractors. d. FAILURE TO SECURE:
If Provider at any time during the term hereof should fail to s ecure or maintain the foregoing insurance, the City shall be permitted to obtain such insurance in Provider’s name or as an agent of Provider and shall be compensated by Provider for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid.
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e. ADDITIONAL INSUREDS:
The City, its City Council, boards, commissions, officials, emp loyees, agents, and volunteers shall be named as additional insured(s) under all insurance coverages, except workers’ compensation and professional liability insurance. The naming of an additional insured shall not affect any recovery to which such additional insured would be e ntitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of a n y l o s s , o r e x p e n s e o f a n y nature on this policy or any extension thereof. Any other insurance held by an additional i nsured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy.
Additional Insured coverage unde r Provider’s policy shall be pr imary and non-contributory and will not seek contribution from the City’s insurance or self-in surance. Any available insurance proceeds broader than or in excess of the specified minimum ins urance coverage requirements and/or limits shall be available to the additional insured(s). f. SUFFICIENCY OF INSURANCE:
The insurance limits required by the City are not represented as being sufficient to protect Provider. Provider is advised to consult Provider’s insurance broker to determine adequate coverage for Provider. The coverage and limits shall be (1) th e minimum coverage and limits specified in this Agreement; or (2) the broader coverage and ma ximum limits of the coverage carried by or available to Provider; whichever is greater. g. EXCESS OR UMBRELLA LIABILITY:
If any Excess or Umbrella Liability policies are used to meet the limits of liability required by this Agreement, then said policies shall be true “following form” of the underlying policy coverage, terms, conditions, and provisions and shall meet all of the insurance requirements stated in this Agreement, including but not limited to, the additional insured, SIR, and primary insurance requirements stated therein. No insurance policies maintained by the indemnified parties or Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until all the primary and excess liability policies carried by or available to the Provider are exhausted.
11. CONFLICT OF INTEREST:
Provider warrants that it is not a conflict of interest for Pro vider to perform the services required by this Agreement. Provider may be required to fill o ut a conflict of interest form if the services provided under this Agreement require Provider to make certain governmental decisions or serve in a staff capacity as defined in Title 2, Division 6, Section 18700 of the California Code of Regulations.
12. PROHIBITION AGAINST TRANSFERS:
a. Provider shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or i ndirectly, by operation of law o r otherwise, without prior written consent of the City Manager. Provider shall submit a written request for consent to transfer to the
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City Manager at least thirty (30) days in advance of the desired transfer. The City Manager or their designee may consent or reject such request in their sole and absolute discretion. Any attempt to do so without said consent shall be null and void, and any a ssignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for money against the City under this Agreement may be assigned by Provider to a bank, trust company or other financial institution without prior written consent. b. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock, membership interest, partnership interest, or the equivalent, which shall result in changing the control of Provider, shall be construed as an assignment of this Agreement.
Control means fifty percent or more of the voting power of Provider.
13. APPROVAL OF SUB-PROVIDERS:
a. Only those persons and/or businesses whose names and resumés are attached to this Agreement shall be used in the performance of this Agreement. However, if after the start of this Agreement, Provider wishes to use sub-providers, at no additional costs to the City, then Provider shall submit a written request for consent to add sub-providers including the names of the sub- providers and the reasons for the request to the City Manager at least five (5) days in advance. The City Manager may consent or reject such requests in their sole and absolute discretion. b. Each sub-provider shall be required to furnish proof of work ers’ compensation insurance and shall also be required to carry general, automobi le and professional liability insurance (as applicable) in reasonable conformity to the insurance carried by Provider. c. In addition, any tasks or services performed by sub-providers shall be subject to each provision of this Agreement. Provider shall include the following language in their agreement with any sub-provider: “Sub-pr oviders hired by Provider agree to be bound to Provider and the City in the same manner and to the same extent as Provider is bound to the City.” d. The requirements in this Section 13 shall not apply to person s who are merely providing materials, supplies, data or information that Provider then analyzes and incorporates into its work product.
14. PERMITS AND LICENSES:
Provider, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, certificates and licenses, including a City business license that may be required in connection with the performance of the services and tasks hereunder.
15. REPORTS:
a. Each and every report, draft, work product, map, record and o ther document produced, prepared or caused to be prepared by Provider pursuant to or in connection with this Agreement shall be the exclusive property of the City upon payment of compensation to provider in accordance with the Agreement.
b. No report, information or other data given to or prepared or assembled by Provider pursuant to this Agreement shall be made available to any indiv idual or organization by Provider
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without prior approval of the City Manager or their designee. c. Provider shall, at such time and in such form as City Manager or their designee may require, furnish reports concerning the status of services and tasks required under this Agreement.
16. RECORDS:
a. Provider shall maintain complete and accurate records with re spect to the services, tasks, work, documents and data in sufficient detail to permit an evaluation of Provider’s performance under the Agreement, as well as maintain books and records related to sales, costs, expenses, receipts and other such information required by the C ity that relate to the performance of the services and tasks under this Agreement (collectively the “Records”). b. All Records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Provider shall provide free access to the Records to the representatives of the City or its designees during regular business hours upon reasonable prior notice. The City has the right to examine and audit the Records, and to make copies or transcripts therefrom as necessary, and to allow insp ection of all proceedings and activities related to this Agreement. Such Records, together w ith supporting documents, shall be kept separate from other documents and records and shall be mai ntained by Provider for a period of three (3) years after receipt of final payment.
c. If supplemental examination or audit of the Records is necess ary due to concerns raised by the City’s preliminary examination or audit of records , and the City’s supplemental examination or audit of the records discloses a failure to adhe re to appropriate internal financial c o n tr o ls , o r o th e r b r ea c h o f th is Ag r ee me n t o r f ailu r e to a c t in good faith, then Provider shall reimburse the City for all reas onable costs and expenses associ ated with the supplemental examination or audit.
17. NOTICES:
a. All notices shall be in writing and delivered: (i) by hand; o r (ii) sent by registered, express, or certified mail, with return receipt requested or wi th delivery confirmation requested from the U.S. postal service; or (iii) sent by overnight or sam e day courier service at the party’s respective address listed in this Section.
b. Each notice shall be deemed to have been received on the earl ier to occur of: (x) actual delivery or the date on wh ich delivery is refused; or (y ) three (3) days after notice is deposited in the U.S. mail or with a courier service in the man ner described above (Sundays and City holidays excepted).
c. Either party may, at any time, change its notice address (othe r than to a post office box address) by giving the other party three (3) days prior written notice of the new address. d. All notices, demands, requests, or approvals from Provider to t h e C i t y s h a l l b e addressed to the City at:
City of Alameda
Public Works Director
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950 West Mall Square, Room 110
Alameda, CA 94501
ATTENTION: Marc Green, Program Specialist
Ph: (510) 747-7958 / Email: [email protected]
e. All notices, demands, requests , or approvals from the City to Provider shall be addressed to Provider at:
SCS Engineers
704 Koll Center Parkway, Suite 135
Pleasanton, CA 94566
Michelle Leonard – Senior Vice President
Ph: (626) 322-3823 / Email: [email protected]
f. All updated insurance certificat es from Provider to the City shall be addressed to the City at:
City of Alameda
Public Works Department
950 West Mall Square, Room 110
Alameda, CA 94501
ATTENTION: Jeanette Navarro, Engineering Office Assistant Ph: (510) 747-7932 / Email: [email protected]
18. SAFETY:
a. Provider will be solely and completely responsible for condit ions of all vehicles owned or operated by Provider, i ncluding the safety of all pers ons and property during performance of the services and tasks under this Agreement. Th is requirement will apply continuously and not be limited to normal working hours. In addition, Provider will comply with all safety provisions i n conformance with U.S. Department of Labor Occupational Safety and Health Act, any equivalent state law, and all other applicable federal, state, county and local laws, ordinances, codes, and any regulations that may be detailed in other parts of the Agreement. Where any of these are in conflict, the more stringent requirements w ill be followed. Provider’s failure to thoroughly familiarize itself with the aforementioned safety provisions will not relieve it from compliance with the obligations and penalties set forth herein. b. Provider will immediately notif y the City within 24 hours of any incident of death, serious personal injury or substantial property damage that occ urs in connection with the performance of this Agreement. Provider will promptly submit t o the City a written report of all incidents that occur in connecti on with this Agreement. This r eport must include the following information: (i) name and address of injured or deceased person (s); (ii) name and address of Provider’s employee(s) involved in the incident; (iii) name and address of Provider’s liability insurance carrier; (iv) a detailed description of the incident; and (v) a police report.
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19. TERMINATION:
a. In the event Provider fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Provider shall be deemed in default in the performance of this Agreement. If such default is not cured within five (5) business days after receipt by Provider from the City of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the City may thereafter immediately terminate the Agreement forthwith by giving to Provider written notice thereof. b. The foregoing notwithstanding, the City shall have the option , at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days’ prior written notice to Provider as provided herein.
c. Upon termination of this Agreement either for cause or for con venience, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effectiv e date of termination. The obl igation of the parties under this Section 19.c. shall survive the expiration or early termination of this Agreement.
20. ATTORNEYS’ FEES:
In the event of any litigation, including administrative procee dings, relating to this Agreement, including but not limited to any action or suit by a ny party, assignee or beneficiary against any other party, beneficiary or assignee, to enforce, interpret or seek relief from any provision or obligation arising out of this Agreement, the parties and litigants shall bear their own attorney’s fees and costs. No party or litigant shall be entitled to recover any attorneys’ fees or costs from any other party or litigant, regardless of which party or litigant might prevail.
21. HEALTH AND SAFETY REQUIREMENTS.
Provider acknowledges that the Ci ty shall have the right to imp ose, at the City’s sole discretion, requirements that it deems are necessary to protect the health and safety of the City employees, residents, and visitors. Provider agrees to comply with all such requirements, including, but not limited to, mandatory vaccinations, the use of personal protective equipment (e.g. masks), physical distancing, and health screenings. Provider also agrees to make available to the City, at the City’s request, records to demonstrate Provider’s compliance with this Section.
22. COMPLIANCE WITH ALL APPLICABLE LAWS:
During the term of this Agreement, Provider shall keep fully in formed of all existing and future state and federal laws and all municipal ordinances and regulations of the City of Alameda which affect the manner in which the services or tasks are to be performed by Provider, as well as all such orders and decrees of bodies or tribunals having any j urisdiction or authority over the same. Provider shall comply with all applicable laws, state andfederal and all ordinances, rules and regulations enacted or issued by the City.
23. CONFLICT OF LAW:
This Agreement shall be interpreted under, and enforced by the laws of the State of California without regard to any choice of law rules which may d irect the application of laws of another jurisdiction. The Agreeme nt and obligations of the par ties are subject to all valid laws,
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orders, rules, and regulations of the authorities having jurisd iction over this Agreement (or the successors of those authorities). Any suits brought pursuant to this Agreement shall be filed with the courts of the County of Alameda, State of California.
24. WAIVER:
A waiver by the City of any breach of any term, covenant, or co ndition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character.
25. INTEGRATED CONTRACT:
Subject to the language of Sec tion 30, the Recitals and exhibit s are a material part of this Agreement and are expressly incorporated herein. This Agreemen t represents the full and complete understanding of every kind or nature whatsoever betwe en the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or n ature are merged herein. No verbal agreement or implied cove nant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both the City and Provider.
26. CAPTIONS:
The captions in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement.
27. COUNTERPARTS:
This Agreement may be executed in any number of counterparts (i ncluding by fax, PDF, DocuSign, or other electronic means), each of which shall be deemed an original, but all of which shall constitute one and the same instrument.
28. SIGNATORY:
By signing this Agreement, signatory warrants and represents th at they executed this Agreement in their authorized capacity and that by their signature on this Agreement, they or the entity upon behalf of which they acted, executed this Agreement.
29. CONTROLLING AGREEMENT:
In the event of a conflict between the terms and conditions of this Agreement (as amended, supplemented, restated or otherw ise modified from time to time) and any other terms and conditions wherever contained, including, without limitation, terms and conditions included within exhibits, the terms and conditions of this Agreement shall control and be primary. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
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IN WITNESS WHEREOF, the parties have each caused this Agreement to be duly executed on its behalf as of the Effective Date.
SCS ENGINEERS CITY OF ALAMEDA
An S Corporation A M unicipal Corporation
Michelle Leonard Jennifer Ott
Senior Vice President City Manager
_____________________________ RECOMMENDED FOR APPROVAL
Curtis Jang
Chief Financial Officer
Erin Smith
Public Works Director
APPROVED AS TO FORM:
City Attorney
Len Aslanian
Assistant City Attorney
_________________________________________ ___________________________ ____________________________________________ ___________________ __
FEE PROPOSAL
2023 ZERO WASTE TECHNICAL ASSISTANCE
for City of Alameda Proposal
Proposal No. 010490223
JUNE 8, 2023
SUBMITTED TO:
City of Alameda
Public Works
950 West Mall Square
Room 110
Alameda, CA 94501
510-747-7958
[email protected]
SUBMITTED BY:
SCS Engineers
4683 Chabot Drive
Suite 200
Pleasanton, CA 94588
925-426-0080
[email protected]
www.scsengineers.com
Exhibit A
CITY OF ALAMEDA | ZERO WASTE TECHNICAL ASSISTANCE
CITY OF ALAMEDA – ZERO WASTE TECHNICAL ASSISTANCE |
1 Exhibit A
CITY OF ALAMEDA – ZERO WASTE TECHNICAL ASSISTANCE |
2 CITY OF ALAMEDA | ZERO WASTE TECHNICAL ASSISTANCE
Exhibit A
CITY OF ALAMEDA – ZERO WASTE TECHNICAL ASSISTANCE |
3 CITY OF ALAMEDA | ZERO WASTE TECHNICAL ASSISTANCE
Exhibit A
CITY OF ALAMEDA – ZERO WASTE TECHNICAL ASSISTANCE |
4 CITY OF ALAMEDA | ZERO WASTE TECHNICAL ASSISTANCE
Exhibit A
CITY OF ALAMEDA – ZERO WASTE TECHNICAL ASSISTANCE |
5 CITY OF ALAMEDA | ZERO WASTE TECHNICAL ASSISTANCE
Exhibit A
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
INSR ADDL SUBR
LTR INSD WVD
DATE (MM/DD/YYYY)
PRODUCER CONTACT
NAME:
FAXPHONE
(A/C, No):(A/C, No, Ext):
E-MAIL
ADDRESS:
INSURER A :
INSURED INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
POLICY NUMBER
POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY)
AUTOMOBILE LIABILITY
UMBRELLA LIAB
EXCESS LIAB
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $
DAMAGE TO RENTED
CLAIMS-MADE OCCUR $PREMISES (Ea occurrence)
MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
PRO-POLICY LOC PRODUCTS - COMP/OP AGG $JECT
OTHER: $
COMBINED SINGLE LIMIT $(Ea accident)
ANY AUTO BODILY INJURY (Per person) $
OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $
OCCUR EACH OCCURRENCE $
CLAIMS-MADE AGGREGATE $
DED RETENTION $ $
PER OTH-
STATUTE ER
E.L. EACH ACCIDENT $
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC #
COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERI OD 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 AFFORDE D 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.
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 CON TRACT 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 o f the policy, certain policies may require an endorsement. A s tatement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
CERTIFICATE HOLDER CANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03)
CERTIFICATE OF LIABILITY INSURANCE
Lockton Insurance Brokers,LLC
CA License #0F15767
777 S. Figueroa Street, 52nd fl.
Los Angeles CA 90017
213-689-0065
Stearns, Conrad & Schmidt, Consulting
Engineers, Inc.
3900 Kilroy Airport Way, Ste 100
Long Beach, CA 90806-6816
SCSEN01
Steadfast Insurance Company 26387
Zurich American Insurance Company 16535
X
X
2,000,000
1,000,000
25,000
2,000,000
4,000,000
4,000,000
X
2,000,000
XXXXXXX
XXXXXXX
XXXXXXX
XXXXXXX
XXXXXXX
XXXXXXX
XXXXXXX
N
X
1,000,000
1,000,000
1,000,000
Env Prof (E&O)
Technology E&O
Per Claim/Aggregate: $2,000,000
Per Claim/Aggregate: $2,000,000
A BAP 0112780-08 4/1/2023 4/1/2024
A GLO 0112778-08 3/31/2023 3/31/2024
B PEC 0112862-08 3/31/2023 3/31/2024
B EOC 0113397 - 08 3/31/2023 3/31/2024
A WC0112779-08 4/1/2023 4/1/2024
NOT APPLICABLE
3/31/2024
1527701
YY
YY
N
6/22/2023
NN
18259106
18259106 XXXXXXX
City of Alameda
Attn: Jeanette Navarro
950 West Mall Square, Room 110
Alameda, CA 94501
THIS CERTIFICATE SUPERSEDES ALL PREVIOUSLY ISSUED CERTIFICATES FOR THIS HOLDER, APPLICABLE TO THE CARRIERS LISTED AND THE POLICY TERM(S) REFERENCED.
RE: SCS Job No. 010582218, Job Description: Zero Waste Technical Assistance. City of Alameda, its City Council, boards, commissions, officials, employees and volunteers as required by written contract are included as Additional Insured with respect to the General Liability and Automobile Liability policies; granted a Waiver of Subrogation for General Liability and Automobile Liability policies and the General Liability policy evidenced herein is Primary to other insurance available, as required by written contract, but limited to the operations of the Insured under said contract.
XX
ESENTATIVE
© 1988-2015 ACORD CORPORATION. Al
See Attachments
$GGLWLRQDO,QVXUHG±$XWRPDWLF±2ZQHUV/HVVHHV2U
Contractors
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Policy No. GLO 0112778-08 Effective Date: 3/31/2023
This endorsement modifies insurance provided under the:
Commercial General Liability Coverage Part
A. Section ,,±:KR,V$Q,QVXUHGis amended to include as an additional insured any person or organization whom you are required to add as an additional insured under a written contract or written agreement executed by you, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" and subject to the following:
1. If such written contract or written agreement specifically requires thatyou provide that the person or organization be named as an additional insured under one or both of the following endorsements:
a. The Insurance Services Office (ISO) ISO CG 20 10 (10/01 edition); or b. The ISO CG 20 37 (10/01 edition),
such person or organization is then an additional insured with respect to such endorsement(s), but only to the extent that "bodily injury", "property damage" or "personal and advertising injury" arises out of:
(1) Your ongoing operations, with respect to Paragraph 1.a. above; or (2) "Your work", with respect to Paragraph 1.b. above,
which is the subject of the written contract or written agreement.
However, solely with respect to this Paragraph1., insurance afforded to such additional insured:
(a) Only applies if the "bodily injury", "property damage" or "personal and advertising injury" offense occurs during the policy period and subsequent to your execution of the written contract or written agreement; and
(b) Does not apply to "bodily injury" or "property damage" caused by "your work" and included within the "products-completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured.
2. If such written contract or written agreement specifically requires thatyou provide that the person or organization be named as an additional insured under one or both of the following endorsements:
a. The Insurance Services Office (ISO) ISO CG 20 10 (07/04 edition); or b. The ISO CG 20 37 (07/04 edition),
such person or organization is then an additional insured with respect to such endorsement(s), but only to the extent that "bodily injury", "property damage" or "personal and advertising injury" is caused, in whole or in part, by:
(1) Your acts or omissions; or
(2) The acts or omissions of those acting on your behalf, U-GL-2162-A CW (02/19)
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
Attachment Code: D603900 Certificate ID: 18259106
in the performance of:
(a) Your ongoing operations, with respect to Paragraph 2.a. above; or (b) "Your work" and included in the "products-completed operations hazard", with respect to Paragraph
2.b. above,
which is the subject of the written contract or written agreement.
However, solely with respect to this Paragraph2., insurance afforded to such additional insured:
(i) Only applies if the "bodily injury", "property damage" or "personal and advertising injury" offense occurs during the policy period and subsequent to your execution of the written contract or written agreement; and
(ii) Does not apply to "bodily injury" or "property damage" caused by "yourwork" and included within the "products-completed operations hazard" unless the written contractor written agreement specifically requires that you provide such coverage to such additional insured.
3. If neither Paragraph 1. nor Paragraph 2. above apply and such written contract or written agreement requires that you provide that the person or organization be named as an additional insured:
a. Under the ISO CG 20 10 (04/13 edition, any subsequent edition or if no editi o nd a t ei ss p e c i f i e d ) ;o r b. With respect to ongoing operations (if no form is specified), such person or organization is then an additional insured only to the extent that "bodily injury", "property damage" or "personal and advertising injury" is caused, in whole or in part by:
(1) Your acts or omissions; or
(2) The acts or omissions of those acting on your behalf, in the performance of your ongoing operations, which is the subject of the written contract or written agreement.
However, solely with respect to this Paragraph3., insurance afforded to such additional insured:
(a) Only applies to the extent permitted by law;
(b) Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured; and
(c) Only applies if the "bodily injury", "property damage" or "personal and advertising injury" offense occurs during the policy period and subsequent to your execution of the written contract or written agreement.
4. If neither Paragraph 1. nor Paragraph 2. above apply and such written contract or written agreement requires that you provide that the person or organization be named as an additional insured:
a. Under the ISO CG 20 37 (04/13 edition, any subsequent edition or if no editi o nd a t ei ss p e c i f i e d ) ;o r b. With respect to the "products-completed operations hazard" (if no formis specified), such person or organization is then an additional insured only to the extent that "bodily injury" or "property damage" is caused, in whole or in part by "your work" and included in the "products-completed operations hazard", which is the subject of the written contract or written agreement.
However, solely with respect to this Paragraph4., insurance afforded to such additional insured:
(1) Only applies to the extent permitted by law;
(2) Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured;
(3) Only applies if the "bodily injury" or "property damage" occurs duringthe policy period and subsequent to your execution of the written contract or written agreement; and (4) Does not apply to "bodily injury" or "property damage" caused by "your work" and included within the "products-completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured.
U-GL-2162-A CW (02/19)
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
Attachment Code: D603900 Certificate ID: 18259106
B. Solely with respect to the insurance afforded to any additional insured referenced in SectionA. of this endorsement, the following additional exclusion applies:
This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services including:
1. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or
2. Supervisory, inspection, architectural or engineering activities.
This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services.
C. Solely with respect to the coverage provided by this endorsement, the following is added to Paragraph2. Duties In The Event Of Occurrence, Offense, Claim Or Suitof Section ,9±&RPPHUFLDO*HQHUDO/LDELOLW\&RQGLWLRQV:
The additional insured must see to it that:
(1) We are notified as soon as practicable of an "occurrence" or offense that may result in a claim; (2) We receive written notice of a claim or "suit" as soon as practicable; and (3) A request for defense and indemnity of the claim or "suit" will promptlybe brought against any policy issued by another insurer under which the additional insured may be an insured in anycapacity. This provision does not apply to insurance on which the additional insured is a Named Insured if thewritten contract or written agreement requires that this coveragebe primary and non-contributory.
D. Solely with respect to the coverage provided by this endorsement:
1. The following is added to theOther Insurance Condition of Section,9±&RPPHUFLDO*HQHUDO/LDELOLW\ Conditions:
Primary and Noncontributory insurance
This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that:
a. The additional insured is a Named Insured under such other insurance; and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured.
2. The following paragraph is added to Paragraph4.b. of the Other Insurance Condition under Section ,9± Commercial General Liability Conditions:
This insurance is excess over:
Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and noncontributory basis.
E. This endorsement does not apply to an additional insured which has been added to this Coverage Part by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured.
F. Solely with respect to the insurance afforded to an additional insured under ParagraphA.3. or Paragraph A.4. of this endorsement, the following is added to Section,,,±/LPLWV2I,QVXUDQFH:
$GGLWLRQDO,QVXUHG±$XWRPDWLF±2ZQHUV/HVVHHV2U&RQWUDFWRUV/LPLW The most we will pay on behalf of the additional insured is the amount of insurance:
U-GL-2162-A CW (02/19)
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
Attachment Code: D603900 Certificate ID: 18259106
1. Required by the written contract or written agreement referenced in Section A. of this endorsement; or
2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less.
This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations.
All other terms, conditions, provisions and exclusions of this policy remain the same.
U-GL-2162-A CW (02/19)
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
Attachment Code: D603900 Certificate ID: 18259106
POLICY NUMBER: BAP 0112780-08 COMMERCIAL AUTO
CA 20 48 10 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED INSURED FOR
COVERED AUTOS LIABILITY COVERAGE
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement.
This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form.
This endorsement changes the policy effective on the inception date of thepolicy unless another date is indicated below.
Named Insured: Stearns, Conrad and Schmidt, Consulting Engineers, Inc.
Endorsement Effective Date: 4/1/2023
SCHEDULE
Name Of Person(s) Or Organization(s):
Any person or organization to whom or which you are required to provide additional insured status or additional insured status on a primary, non-contributory basis, in a written contract or written agreement executed prior to loss, except where such contract or agreement is prohibited by law.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
Each person or organization shown in the Schedule is
an "insured" for Covered Autos Liability Coverage, but
only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured
provision contained in Paragraph A.1. of Section II ±
Covered Autos Liability Coverage in the Business
Auto and Motor Carrier Coverage Forms and
Paragraph D.2. of Section I±&RYHUHG$XWRV
Coverages of the Auto Dealers Coverage Form.
CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 Wolters Kluwer Financial Services | Uniform FormsTM
Attachment Code: D603918 Certificate ID: 18259106
POLICY NUMBER: COMMERCIAL GENERAL LIABILITYGLO 0112778-08 CG 24 04 05 09
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Person Or Organization:
ANY PERSON OR ORGANIZATION THAT REQUIRES YOU TO WAIVE YOUR RIGHTS OF
RECOVERY, IN A WRITTEN CONTRACT OR AGREEMENT WITH THE NAMED INSURED THAT IS EXECUTED PRIOR TO THE ACCIDENT OR LOSS.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
The following is added to Paragraph8. Transfer Of
Rights Of Recovery Against Others To Us of Section
IV -- Conditions:
We waive any right of recovery we may have against
the person or organization shown in the Schedule
above because of payments we make for injury or
damage arising out of your ongoing operations or
"your work" done under a contract with that person
or organization and included in the "products-
completed operations hazard". This waiver applies
only to the person or organization shown in the
Schedule above.
CG 24 04 05 09 Insurance Services Office, Inc., 2008 Page 1 of 1 Attachment Code: D603907 Certificate ID: 18259106
Coverage Extension Endorsement
Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Pr oducer No. $GG¶O3UHP Return Prem.
BAP 0112780-08 4/1/2023 4/1/2024 4/1/2023 INCL
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the:
Business Auto Coverage Form
Motor Carrier Coverage Form
A. Amended Who Is An Insured
1. The following is added to theWho Is An Insured Provision in6HFWLRQ,,±&RYHUHG$XWRV/LDELOLW\&RYHUDJH:
The following are also "insureds":
a. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow for acts SHUIRUPHGZLWKLQWKHVFRSHRIHPSOR\PHQWE\\RX $Q\³HPSOR\HH´RI\RXUVLVDOVRDQ³LQVXUHG´ZKLOH RSHUDWLQJDQ³DXWR´KLUHGRUUHQWHGXQGHUDFRQWUDFWRUDJUHHPHQWLQDQ³HPSOR\HH¶V´QDPHZLWK\RXU permission, while performing duties related to the conduct of your business. b. $Q\RQHYROXQWHHULQJVHUYLFHVWR\RXLVDQLQVXUHGZKLOHXVLQJDFRYHUHGDXWR\RXGRQ¶WRZQKLUHRU borrow to transport your clients or other persons in activities necessaryto your business. c. Anyone else who furnishes an "auto" referenced in Paragraphs A.1.a. and A.1.b. in this endorsement. d. Where and to the extent permitted by law, any person(s) or organization(s)where required by written contract or written agreement with you executedprior to any "accident", includingthose person(s) or organization(s) directing your work pursuant to such written contract or written agreement with you, provided the "accident" arises out of operations governed by suchcontract or agreement and only upto the limits required in the written contract or written agreement, or the Limits of Insurance shown inthe Declarations, whichever is less.
2. The following is added to theOther Insurance Condition in the Business Auto Coverage Form and theOther ,QVXUDQFH±3ULPDU\DQG([FHVV,QVXUDQFH3URYLVLRQV&RQGLWLRQin the Motor Carrier Coverage Form:
Coverage for any person(s) or organization(s), where required by writtencontract or written agreement with you executed prior to any "accident", will apply on a primary and non-contributory basis and any insurance maintained by the additional "insured" will apply on an excess basis. However, in no event will this coverage extend beyond the terms and conditions of the Coverage Form.
%$PHQGPHQW±6XSSOHPHQWDU\3D\PHQWV
Paragraphs a.(2) and a.(4) of the Coverage Extensions Provision in6HFWLRQ,,±&RYHUHG$XWRV/LDELOLW\ Coverage are replaced by the following:
(2) Up to $5,000 for the cost of bail bonds (including bonds for related trafficlaw violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work.
U-CA-424-F CW (04-14)
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
Attachment Code: D603896 Certificate ID: 18259106
C. Fellow Employee Coverage
The Fellow Employee Exclusion contained in6HFWLRQ,,±&RYHUHG$XWRV/LDELOLW\&RYHUDJH does not apply.
D. Driver Safety Program Liability and Physical Damage Coverage
1. The following is added to the Racing Exclusion in6HFWLRQ,,±&RYHUHG$XWRV/LDELOLW\&RYHUDJH:
This exclusion does not apply to covered "autos" participating in a driversafety program event, such as, but not limited to, auto or truck rodeos and otherauto or truck agility demonstrations.
2. The following is added to Paragraph2. in the Exclusions of 6HFWLRQ,,,±3K\VLFDO'DPDJH&RYHUDJHof the Business Auto Coverage Form and Paragraph2.b. in the Exclusions of 6HFWLRQ,9±3K\VLFDO'DPDJH Coverage of the Motor Carrier Coverage Form:
This exclusion does not apply to covered "autos" participating in a driversafety program event, such as, but not limited to, auto or truck rodeos and otherauto or truck agility demonstrations.
E. Lease or Loan Gap Coverage
The following is added to theCoverage Provision of thePhysical Damage Coverage Section:
Lease Or Loan Gap Coverage
In the event of a total "loss" to a covered "auto", we will pay any unpaid amount due on the lease or loan for a covered "auto", less:
a. Any amount paid under the Physical Damage Coverage Section of the Coverage Form; and b. Any:
(1) Overdue lease or 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 leases or loans.
F. Towing and Labor
Paragraph A.2. of the Physical Damage Coverage Section is replaced by the following:
We will pay up to $75 for towing and labor costs incurred each time a covered "auto" of the private passenger type is disabled. However, the labor must be performed at the place of disablement.
G. Extended Glass Coverage
The following is added to ParagraphA.3.a. of the Physical Damage Coverage Section:
If glass must be replaced, the deductible shown in the Declarations will apply. However, if glass can be repaired and is actually repaired rather than replaced, the deductible will be waived.You have the option of having the glass repaired rather than replaced.
H. +LUHG$XWR3K\VLFDO'DPDJH±,QFUHDVHG/RVVRI8VH([SHQVHV The Coverage Extension for Loss Of Use Expenses in the Physical Damage Coverage Section is replaced by the following:
Loss Of Use Expenses
For Hired Auto Physical Damage, we will pay expenses for which an "insured"becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or written rental agreement. We will pay for loss of use expenses if caused by:
U-CA-424-F CW (04-14)
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
Attachment Code: D603896 Certificate ID: 18259106
(1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto";
(2) Specified Causes Of Loss only if the Declarations indicate that SpecifiedCauses Of Loss Coverage is provided for any covered "auto"; or
(3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto".
However, the most we will pay for any expenses for loss of use is $100 per day,to a maximum of $3000.
I. Personal Effects Coverage
The following is added to the Coverage Provision of thePhysical Damage Coverage Section:
Personal Effects Coverage
a. We will pay up to $750 for "loss" to personal effects which are:
(1) Personal property owned by an "insured"; and
(2) In or on a covered "auto".
b. Subject to Paragraph a. above, the amount to be paid for "loss" to personal effects will be based on the lesser of:
(1) The reasonable cost to replace; or
(2) The actual cash value.
c. The coverage provided in Paragraphsa. and b. above, only applies in the event of a total theft of a covered "auto". No deductible applies to this coverage. However, we will not pay for "loss" to personal effects of any of the following:
(1) Accounts, bills, currency, deeds, evidence of debt, money, notes, securities, or commercial paper or other documents of value.
(2) Bullion, gold, silver, platinum, or other precious alloys or metals; fursor fur garments; jewelry, watches, precious or semi-precious stones.
(3) Paintings, statuary and other works of art.
(4) Contraband or property in the course of illegal transportation or trade. (5) Tapes, records, discs or other similar devices used with audio, visual or data electronic equipment.
Any coverage provided by this Provision is excess over any other insurancecoverage available for the same "loss".
J. Tapes, Records and Discs Coverage
1. The Exclusion in ParagraphB.4.a. of 6HFWLRQ,,,±3K\VLFDO'DPDJH&RYHUDJHin the Business Auto Coverage Form and the Exclusion in ParagraphB.2.c. of 6HFWLRQ,9±3K\VLFDO'DPDJH&RYHUDJHin the Motor Carrier Coverage Form does not apply.
2. The following is added to Paragraph1.a. Comprehensive Coverage under the Coverage Provision of the Physical Damage Coverage Section:
We will pay for "loss" to tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. We will pay only if the tapes, records, discs or other similar audio, visual or data electronic devices:
(a) Are the property of an "insured"; and
(b) Are in a covered "auto" at the time of "loss".
The most we will pay for such "loss" to tapes, records, discs or other similar devices is $500. ThePhysical Damage Coverage Deductible Provision does not apply to such "loss".
U-CA-424-F CW (04-14)
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
Attachment Code: D603896 Certificate ID: 18259106
K. Airbag Coverage
The Exclusion in ParagraphB.3.a. of 6HFWLRQ,,,±3K\VLFDO'DPDJH&RYHUDJHin the Business Auto Coverage Form and the Exclusion in ParagraphB.4.a. of 6HFWLRQ,9±3K\VLFDO'DPDJH&RYHUDJHin the Motor Carrier Coverage Form does not apply to the accidental discharge of an airbag.
L. Two or More Deductibles
The following is added to theDeductible Provision of thePhysical Damage Coverage Section:
If an accident is covered both by this policy or Coverage Form and by anotherpolicy or Coverage Form issued to you by us, the following applies for each covered "auto" on a per vehicle basis:
1. If the deductible on this policy or Coverage Form is the smaller (or smallest) deductible, it will be waived; or
2. If the deductible on this policy or Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible.
03K\VLFDO'DPDJH±&RPSUHKHQVLYH&RYHUDJH±'HGXFWLEOH The following is added to theDeductible Provision of thePhysical Damage Coverage Section:
Regardless of the number of covered "autos" damaged or stolen, the maximumdeductible that will be applied to Comprehensive Coverage for all "loss" from any one cause is $5,000 or the deductible shown in the Declarations, whichever is greater.
17HPSRUDU\6XEVWLWXWH$XWRV±3K\VLFDO'DPDJH
1. The following is added to6HFWLRQ,±&RYHUHG$XWRV:
7HPSRUDU\6XEVWLWXWH$XWRV±3K\VLFDO'DPDJH
If Physical Damage Coverage is provided by this Coverage Form on your ownedcovered "autos", the following types of vehicles are also covered "autos" for Physical Damage Coverage:
Any "auto" you do not own when used with the permission of its owner as a temporary substitute for a covered "auto" you do own but is out of service because of its:
1. Breakdown;
2. Repair;
3. Servicing;
4. "Loss"; or
5. Destruction.
2. The following is added to the ParagraphA. Coverage Provision of thePhysical Damage Coverage Section:
7HPSRUDU\6XEVWLWXWH$XWRV±3K\VLFDO'DPDJH
We will pay the owner for "loss" to the temporary substitute "auto" unless the "loss" results from fraudulent acts or omissions on your part. If we make any payment to the owner, we will obtain the owner's rights against any other party.
The deductible for the temporary substitute "auto" will be the same as the deductible for the covered "auto" it replaces.
O. Amended Duties In The Event Of Accident, Claim, Suit Or Loss Paragraph a. of the Duties In The Event Of Accident, Claim, Suit Or LossCondition is replaced by the following:
a. In the event of "accident", claim, "suit" or "loss", you must give us or our authorized representative prompt notice of the "accident", claim, "suit" or "loss". However, these duties only apply when the "accident", claim, "suit" or "loss" is known to you (if you are an individual), a partner (if you are a partnership), a member (if you are a limited liability company) or an executive officer or insurance manager (if you are a corporation). The failure of any U-CA-424-F CW (04-14)
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
Attachment Code: D603896 Certificate ID: 18259106
agent, servant or employee of the "insured" to notify us of any "accident",claim, "suit" or "loss" shall not invalidate the insurance afforded by this policy.
Include, as soon as practicable:
(1) How, when and where the "accident" or "loss" occurred and if a claim is made or" s u i t "i sb r o u g h t ,w r i t t e n notice of the claim or "suit" including, but not limited to, the date and details of such claim or "suit"; (2)7KHLQVXUHG¶VQDPHDQGDGGUHVV
DQG
(3) To the extent possible, the names and addresses of any injured persons and witnesses.
If you report an "accident", claim, "suit" or "loss" to another insurer when you should have reported to us, your failure to report to us will not be seen as a violation of these amended duties provided you give us notice as soon as practicable after the fact of the delay becomes known to you.
P. Waiver of Transfer Of Rights Of Recovery Against Others To Us The following is added to theTransfer Of Rights Of Recovery Against Others To Us Condition:
This Condition does not apply 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 operations contemplated by such contract. This waiver only applies to the person or organization designated in the contract. 4(PSOR\HH+LUHG$XWRV±3K\VLFDO'DPDJH
Paragraph b. of the Other Insurance Condition in the Business Auto Coverage Form and Paragraphf. of the Other ,QVXUDQFH±3ULPDU\DQG([FHVV,QVXUDQFH3URYLVLRQV Condition in the Motor Carrier Coverage Form are replaced by the following:
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 under a written contract or written agreement entered into by an "employee" or elected or appointed official with your permission while being operated within the course and scope of that HPSOR\HH
VHPSOR\PHQWE\\RXRUWKDWHOHFWHGRUDSSRLQWHGRIILFLDO¶VGXWLHVDVUHVSHFWWKHLUREOLJDWLRQVWR\RX However, any "auto" that is leased, hired, rented or borrowed with a driveris not a covered "auto".
R. Unintentional Failure to Disclose Hazards
The following is added to theConcealment, Misrepresentation Or FraudCondition:
However, we will not deny coverage under this Coverage Form if you unintentionally:
(1) Fail to disclose any hazards existing at the inception date of this Coverage Form; or (2) Make an error, omission, improper description of "autos" or other misstatement of information.
You must notify us as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to the acceptance of this policy.
S. +LUHG$XWR±:RUOG:LGH&RYHUDJH
Paragraph 7a.(5) of the Policy Period, Coverage TerritoryCondition is replaced by the following:
(5) Anywhere in the world if a covered "auto" is leased, hired, rented or borrowed for a period of 60 days or less, T. Bodily Injury Redefined
The definition of "bodily injury" in theDefinitions Section is replaced by the following:
"Bodily injury" means bodily injury, sickness or disease, sustained by a person including death or mental anguish, resulting from any of these at any time. Mental anguish means any type of mental or emotional illness or disease.
U-CA-424-F CW (04-14)
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
Attachment Code: D603896 Certificate ID: 18259106
U. Expected Or Intended Injury
The Expected Or Intended InjuryExclusion in ParagraphB. Exclusions under Section ,,±&RYHUHG$XWR/LDELOLW\ Coverage is replaced by the following:
Expected Or Intended Injury
"Bodily injury" or "property damage" expected or intended from the standpoint of the "insured". This exclusion does not apply to "bodily injury" or "property damage" resulting from the use ofreasonable force to protect persons or property.
V. 3K\VLFDO'DPDJH±$GGLWLRQDO7HPSRUDU\7UDQVSRUWDWLRQ([SHQVH&RYHUDJH Paragraph A.4.a. of 6HFWLRQ,,,±3K\VLFDO'DPDJH&RYHUDJHis replaced by the following:
4. Coverage Extensions
a. Transportation Expenses
We will pay up to $50 per day to a maximum of $1,000 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" isreturned to use or we pay for its "loss".
W. Replacement of a Private Passenger Auto with a Hybrid or Alternative Fuel Source Auto The following is added to ParagraphA. Coverage of the Physical Damage Coverage Section:
In the event of a total "loss" to a covered "auto" of the private passenger type that is replaced with a hybrid "auto" or "auto" powered by an alternative fuel source of the private passenger type, we will pay an additional 10% of the cost of the replacement "auto", excluding tax, title, license, other fees and any aftermarket vehicle upgrades, up to a maximum of $2500. The covered "auto" must be replaced by a hybrid "auto" or an "auto" powered by an alternative fuel source within 60 calendar days of the payment of the "loss" and evidenced by a bill of sale or new vehicle lease agreement.
To qualify as a hybrid "auto", the "auto" must be powered by a conventional gasoline engine and another source of propulsion power. The other source of propulsion power must be electric, hydrogen, propane, solar or natural gas, either compressed or liquefied. To qualify as an "auto" powered by an alternative fuel source, the "auto" must be powered by a source of propulsion power other than a conventional gasoline engine. An "auto" solely propelled by biofuel, gasoline or diesel fuel or any blend thereof is not an "auto" powered by an alternative fuel source.
X. Return of Stolen Automobile
The following is added to theCoverage Extension Provision of thePhysical Damage Coverage Section:
,IDFRYHUHG³DXWR´LVVWROHQDQGUHFRYHUHGZHZLOOSD\WKHFRVWRIWUDQVSRUWWRUHWXUQWKH³DXWR´WR\RX :HZLOOSD\ RQO\IRUWKRVHFRYHUHG³DXWRVIRUZKLFK\RXFDUU\HLWKHU&RPSUHKHQVLYHRU6SHFLILHG&DXVHVRI/RVV&RYHUDJH All other terms, conditions, provisions and exclusions of this policy remain the same.
U-CA-424-F CW (04-14)
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
Attachment Code: D603896 Certificate ID: 18259106