MASTER AGREEMENT FOR CONSULTANT SERVICES
This Master Agreement for Consultant Services (the "Agreement") is made and entered into this 1st day of March, 2023, by and between THE CITY OF PACIFICA, a municipal corporation (hereinafter referred to as "CITY") and CSG CONSULTANTS a [corporation,] (hereinafter referred to as "CONSULTANT"). CITY and CONSULTANT may be referred to individually as "Party" and collectively as the "Parties."
RECITALS
WHEREAS, CITY requires General Engineering Services and Construction Management Services;
WHEREAS, CONSULTANT is qualified to perform such services; and WHEREAS, CONSULTANT has agreed to provide CITY with such services on the terms and conditions set forth herein.
NOW, THEREFORE, for the considerations hereinafter set forth, CONSULTANT and CITY agree as follows:
ARTICLE 1 - SCOPE OF SERVICES
1.1. Scope of Services. CONSULTANT agrees to furnish services pursuant to a Task Order in the form set forth in Exhibit A, Task Order, which is attached hereto and incorporated herein (the "Services").
Compliance with Law. The Services shall be performed in accordance with all applicable federal, state, and local laws, ordinances, rules, regulations, and orders.
1.3. Time is of the Essence. CONSULTANT agrees to diligently prosecute the Services. In the performance of this Agreement, time is of the essence.
Professional Competence. CONSULTANT represents that it has the professional skills necessary to perform the Services and that it will perform the Services in a skillful and professional manner. CONSULTANT represents that it has all the necessary licenses to perform the Services and shall maintain them throughout the term of this Agreement.
CONSULTANT agrees that the Services shall be performed in the manner and according to the standards observed by a competent practitioner of the profession in which CONSULTANT is engaged, in the same or similar geographical area in which CONSULTANT practices its profession and will prepare all work products required by this Agreement in accordance with such standards. CITY and CONSULTANT agree that CONSULTANT is in responsible charge of the Services. Acceptance by CITY of the Services does not operate as a release of CONSULTANT from professional responsibility for the Services performed.
OAK #4818-2196-0582 vl
1.5. Independent Contractor. CONSULTANT is an independent contractor and not an employee of CITY. CONSULTANT expressly warrants that it will not represent that it is an employee of CITY. Persons employed or utilized by CONSULTANT in the performance of the Services will not be employees or agents of CITY. CONSULTANT is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.
1.6. Confidentiality. CONSULTANT agrees to maintain in confidence and not disclose to any person, firm, governmental entity, or corporation, without CITY's prior written consent, any trade secret or confidential information, knowledge or data relating to the products, process, or operation of CITY. CONSULTANT further agrees to maintain in confidence and not to disclose to any person, firm, governmental entity, or corporation any data, information, technology, or material developed or obtained by CONSULTANT during the performance of the Services. The covenants contained in this Section 1.6 shall survive the termination of this Agreement for whatever cause.
1.7. Ownership of Material. Any reports and other material prepared by or on behalf of CONSULTANT under this Agreement (collectively, the "Documents") shall be and remain the property of CITY. All Documents not already provided to CITY shall be delivered to CITY on the date of termination of this Agreement for any reason. The Documents may be used by CITY and its agents, employees, representatives, and assigns, in whole or in part, or in modified form, for all purposes CITY may deem appropriate without further employment of or payment of any compensation to CONSULTANT.
1.8. Documentation. CONSULTANT shall keep and maintain full and complete documentation and accounting records, employee time sheets, and correspondence pertaining to the performance of the Services, and CONSULTANT shall make such documents available for review and/or audit by CITY and CITY's representatives at all reasonable times for at least four years after the termination of this Agreement or completion of the Services.
1.9. Testimony. CONSULTANT agrees to testify at CITY's request if litigation is brought against CITY in connection with the Services. Unless the action is brought by CONSULTANT or is based upon CONSULTANT's negligence, CITY will compensate CONSULTANT for the preparation and the testimony at CONSULTANT's standard hourly rates.
ARTICLE 2 - COMPENSATION
Compensation. Compensation for Services shall be in accordance with the rate and schedules specified in a Task Order. However, in no event shall the amount the City pays to CONSULTANT for work done under a Task Order exceed the total compensation specified in the Task Order ("Cost Ceiling").
2.2. Invoices. CONSULTANT shall submit monthly invoices in a form satisfactory to CITY on or before the tenth day of each month for Services provided during the preceding month. CONSULTANT shall submit time and cost records as necessary to substantiate performance of the Services. Within 35 days after receipt of each such invoice, CITY shall verify the accuracy of the invoice, correct the charges where appropriate and as discussed and mutually agreed with CONSULTANT, and make payment to CONSULTANT in an amount equal to the amount of such invoice, as verified or corrected by CITY. No payment hereunder shall be construed as evidence of acceptance of any of CONSULTANT's work. CITY reserves the right to withhold payment from CONSULTANT on account of Services not performed satisfactorily, delays in CONSULTANT's performance of Services, or other defaults hereunder. CONSULTANT shall not stop or delay performance of the Services under this Agreement on account of payment disputes with CITY.
2.3. Status Reports. Together with each monthly invoice, CONSULTANT shall submit a status report detailing the amount expended on the Services to that date and the remaining amount to be expended before the Cost Ceiling is reached. CONSULTANT shall notify CITY in writing when payments have reached 90 percent of the Cost Ceiling.
2.4. Withholding. In lieu of holding retention, CITY shall withhold CONSULTANT's final payment under a Task Order until the Services provided under that Task Order are complete and CITY has received all Documents. CONSULTANT shall diligently continue and complete performance of the Services if the Services are not complete at the time CONSULTANT has performed services up to the Cost Ceiling.
ARTICLE 3 - TIME OF PERFORMANCE
3.1. Effective Date. This Agreement shall become effective upon execution of the second signature and shall remain in full force and effect until March 31, 2026 (the "Term"). with the schedule set forth in the Task Order.
3.2. Termination. This Agreement may be terminated at any time by CITY upon written notice to CONSULTANT.
3.3. Final Payment. CONSULTANT shall be entitled to compensation for Services performed up to the time of such termination, it being understood that any payments are full compensation for the Services rendered under this Agreement.
3.4. Other Remedies. Nothing in this Article 3 shall be deemed to limit the respective rights of the parties to terminate this Agreement for cause or otherwise to exercise any rights or pursue any remedies which may accrue to them.
ARTICLE 4 - DESIGNATED CONTACTS
4.1. CITY Contact. CITY designates Lisa Petersen its Director of Public Works, as its contact who shall be responsible for administering and interpreting the terms and conditions of this Agreement, for matters relating to CONSULTANT's performance under this Agreement, and for liaison and coordination between CITY and CONSULTANT. In the event CITY wishes to make a change in CITY's representative, CITY will notify CONSULTANT of the change in writing.
4.2. CONSULTANT Contact. CONSULTANT designates Nourdin Khavata, PE. Vice President, Construction Management as its contact, who shall have immediate responsibility for the performance of the Services and for all matters relating to performance under this Agreement. Any change in CONSULTANT's designated contact shall be subject to written approval by CITY.
ARTICLE 5 - INDEMNIFICATION AND INSURANCE
5.1. Indemnification. CONSULTANT shall, to the fullest extent allowed by law, with respect to claims, liability, loss, damage, costs, or expenses, including reasonable attorney's and expert witness fees, awards, fines, penalties, or judgments, arising out of or relating to the Services (collectively "Claims") that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT, defend, indemnify, and hold harmless CITY, its Officials, officers, employees and agents (the "CITY Parties"), except to the extent the Claims are attributable to CITY Parties' gross negligence or willful misconduct. CONSULTANT shall defend the CITY Parties as required by California Civil Code Section 2778, and with counsel reasonably acceptable to those parties. CONSULTANT shall have no right to seek reimbursement from the CITY Parties for the costs of defense.
If CONSULTANT is a "design professional," as defined in California Civil Code Section 2782.8(c), CONSULTANT shall indemnify, defend, and hold the Indemnitees harmless against Liability only to the extent such Liability arises out of, pertains to, or relates to CONSULTANT's negligence, recklessness, or willful misconduct. In such an event, the cost to defend charged to CONSULTANT shall not exceed CONSULTANT's proportionate percentage of fault.
The obligations contained in this Section 5.1 shall survive the termination of this Agreement for whatever cause for the full period of time allowed by law and shall not in any way be limited by the insurance requirements of this Agreement.
5.2. Health and Safety. CONSULTANT may perform part of the Services at sites which contain unknown working conditions and contaminated materials. CONSULTANT shall be solely responsible for the health and safety of CONSULTANT's employees during the performance of the Services.
5.3. Insurance. CONSULTANT and all of CONSULTANTS employees, subcontractors, consultants, and other agency shall procure, provide, and maintain at all times during the performance of this Agreement, and for such additional periods as described herein, the insurance listed below with insurers licensed to do business in the State of California and with a Best's rating of no less than A:VII.
A. Commercial Automobile Liability Insurance. Commercial Automobile Liability Insurance providing bodily injury liability and property damage, to protect against all liability arising out of the use of any owned, leased, passenger or commercial automobile at a minimum amount of $1,000,000 combined single limit and $2,000,000 aggregate. Coverage shall apply to hired and non-owned autos.
B. Commercial General Liability Insurance. Commercial General Liability Insurance, with limits providing a minimum amount of $1,000,000 combined single limit coverage for each occurrence, $2,000,000 general aggregate, and $2,000,000 products/completed operations aggregate. The insurance shall cover all operations including but not limited to the following: (1) premises, operations and mobile equipment liability; (2) completed operations and products liability; (3) contractual liability insuring the obligations assumed by CONSULTANT in this Agreement; (4) broad form property damage liability; (5) personal injury liability endorsement, including death; and (6) automobile bodily injury and property damage insurance, including all owned, hired and non-owned equipment.
C. Professional Liability Insurance. Professional Liability Insurance protecting against liabilities arising out of or in connection with negligent acts, errors, or omissions of CONSULTANT and all of CONSULTANTS employees, subcontractors, consultants and other agency in connection with this Agreement, at a minimum amount of $1,000,000 combined single limit coverage and $1,000,000 aggregate, on a "claims made basis" with a continuation of coverage extension for liabilities for two years from the date the Services are substantially complete. Such professional liability policies shall include coverage for liability assumed by the CONSULTANT under this Agreement.
D. Workers Compensation Insurance. Workers Compensation insurance, occupational disease insurance and employer's liability insurance shall be required with minimum limits as required by law, covering all workplaces involved in this Agreement.
E. Policy Terms. Concurrently with execution of this Agreement, CONSULTANT shall provide CITY with Certificates of Insurance evidencing that CONSULTANT has obtained or maintains the insurance required by this Section
5.3. The Certificates shall be on forms acceptable to CITY. CONSULTANT shall also furnish CITY with original endorsements with the following documentation:
• Precluding cancellation or reduction in coverage before the expiration of thirty (30) days after CITY shall have received written notification thereof from CONSULTANT by United States mail;
• Providing that CONSULTANT's insurance shall apply separately to each insured against whom claim is made or suit is brought, and include a "separation of insureds" or "severability" clause which treats each insured separately, except with respect to the limits of the insurer's liability (cross-liability endorsement);
• Excepting CONSULTANT'S professional liability insurance, naming CITY, its City Council, boards, commissions, committees, officers, employees, and agents as additional insureds ("Additional Insureds"); and • Providing that for any claims relating to CONSULTANT's services hereunder, CONSULTANT's insurance coverage shall be primary insurance with respect to CITY, its City Council, boards, commissions, committees, officers, employees, and agents, and that any insurance or self-insurance maintained by CITY for itself, its City Council, boards, commissions, committees, officers, employees, and agents shall be in excess of CONSULTANT's insurance and shall not be contributory with it.
It shall be a requirement under this Agreement that any available insurance coverages requirements and/or limits shall be available to the Additional Insured, including but not limited to any umbrella or excess insurance.
Furthermore, the requirements for coverage and limits shall be the greater of:
(a) the minimum coverage and limits specified in this Agreement; or (b) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured.
Material Breach. If CONSULTANT fails to maintain insurance coverage or provided insurance documentation which is required pursuant to this Agreement, it shall be deemed a material breach of this Agreement. CITY, at its sole option, may terminate this Agreement and obtain damages from CONSULTANT resulting from said breach. Alternatively, CITY may purchase the required insurance coverage, and without further notice to CONSULTANT, may deduct from sums due to CONSULTANT any premium costs advanced by CITY for such insurance. These remedies shall be in addition to any other remedies available to CITY.
ARTICLE 6 - NOTICES
All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered or sent by facsimile or reputable overnight courier and shall be deemed received upon the earlier of: (1) if personally delivered, the date of delivery to the address of the person to receive such notice; (2) if delivered by Federal Express or other overnight courier for next business day delivery, the next business day; (3) if sent by facsimile, with the original sent on the same day by overnight courier, the date on which the facsimile is received, provided it is before 5:00 P.M. Pacific Time; or (4) if sent electronically, the date of delivery on the confirmed read receipt. Notice of change of address shall be given by written notice in the manner described in this Article 6. Rejection or other refusal to accept or the inability to deliver because of a change in address of which no notice was given shall be deemed to constitute receipt of the notice or communication sent. Unless changed in accordance herewith, the addresses for notices given pursuant to this Agreement shall be as follows:
If to CITY: City Manager
540 Crespi Dr
Pacifica, CA 94404
Phone: (650) 738-7409 / Facsimile: (650) 359-6038
Email: [email protected]
If to CONSULTANT: Nourdin Khayata, PE
550 Pilgrim Dr.
Foster City, CA 94404
Phone: 650.522.2500_/Facsimile: 650.522.2599
ARTICLE 7 - MISCELLANEOUS
7.1. Conflict of Interest Prohibition. CITY and CONSULTANT will comply with the Government Code §87300 et seq., the Political Reform Act (California Government Code §81000 et seq.), the regulations promulgated by the Fair Political Practices Commission (Title 2, §18110 et seq. of the California Code of Regulations), California Government Code §1090 et seq., and any other ethics laws applicable to the performance of the Services and/or this Agreement. CONSULTANT may be required to file with the CITY Clerk a completed Form 700 before commencing performance of the Services unless the CITY Clerk determines that completion of a Form 700 is not required, pursuant to CITY's Conflict of Interest Code. Form 700 forms are available from the CITY Clerk.
CONSULTANT may not perform Services for any other person or entity that, pursuant to any applicable law or regulation, would result in a conflict of interest or would otherwise be prohibited with respect to CONSULTANT's obligations pursuant to this Agreement.
CONSULTANT agrees to cooperate fully with CITY and to provide any necessary and appropriate information requested by CITY or any authorized representative concerning potential conflicts of interest or prohibitions concerning CONSULTANT's obligations pursuant to this Agreement.
CONSULTANT may not employ any CITY official, officer or employee in the performance of the Services, nor may any official, officer or employee of CITY have any financial interest in this Agreement that would violate California Government Code §1090 et seq. CONSULTANT hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of CITY. If CONSULTANT was an employee, agent, appointee, or official of CITY in the previous twelve months, CONSULTANT warrants that it did not participate in any manner in the forming of this Agreement. CONSULTANT understands that, if this Agreement is made in violation of Government Code §1090 et seq., the entire Agreement is void and CONSULTANT will not be entitled to any compensation for CONSULTANT's performance of the Services, including reimbursement of expenses, and CONSULTANT will be required to reimburse CITY for any sums paid to CONSULTANT under this Agreement. CONSULTANT understands that, in addition to the foregoing, penalties for violating Government Code §1090 may include criminal prosecution and disqualification from holding public office in the State of California.
Any violation by CONSULTANT of the requirements of this provision will constitute a material breach of this Agreement, and the CITY reserves all its rights and remedies at law and equity concerning any such violations.
7.2. Subcontracting. CONSULTANT may subcontract portions of the Services upon the prior written approval of CITY. CONSULTANT will be solely responsible for payment of such subcontract Services. No contractual relationship will exist between any such subcontractors of CONSULTANT and CITY. CONSULTANT's subcontractors agree to be bound to CONSULTANT and CITY in the same manner and to the same extent as CONSULTANT is bound to CITY under the Agreement. CONSULTANT's subcontractors further agree to include the same requirements and provisions of this Agreement, including the indemnity and insurance requirements, with any sub- subcontractor to the extent they apply to the scope of the sub-subcontractor's work. A copy of the CITY indemnity and insurance provisions will be furnished to CONSULTANT's subcontractors upon request.
7.3. Entire Agreement. This Agreement represents the entire understanding of CITY and CONSULTANT as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may only be modified by an amendment in writing signed by each party.
7.4. No Assignment. The Services are deemed unique and neither party shall assign, transfer, subcontract or otherwise substitute its interest in this Agreement or any of its obligations hereunder without the prior written consent of the other party. As limited by this Section
7.2, this Agreement is to be binding on the successors and assigns of the parties hereto.
7.5. Severability. If any part of this Agreement is determined to be unconstitutional, invalid or beyond the authority of either party, such decision shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect, provided that the remainder of this Agreement can be interpreted to give effect to the intentions of the parties.
7.6. Counterparts. This Agreement may be signed in counterparts and, when fully signed, such counterparts shall have the same effect as if signed in one document.
7.7. Choice of Law. This Agreement and all matters relating to it shall be governed by the laws of the State of California without reference to its choice of laws principles and venue shall be in the appropriate court in San Mateo County, California.
7.8. Waiver. No failure on the part of either Party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder. A waiver by either CITY or CONSULTANT of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other further breach.
7.9. Mediation. In the event the parties are unable to resolve a dispute arising under this Agreement through good faith negotiations, the parties agree to submit the matter to mediation with a mutually agreeable mediator. Prior to the mediation, the parties shall exchange any documents reasonably necessary to resolve the matter to be mediated.
7.10. Attorney's Fees. If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, which may be set by the court in th same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled.
7.11. Interpretation. In the event this Agreement is ever construed in any dispute between the parties, it and each of its provisions shall be construed without regard to the party or parties responsible for its preparation and shall be deemed to have been prepared jointly by the parties. The rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement.
7.12. Authority. Each individual executing this Agreement on behalf of one of the parties represents that he or she is duly authorized to sign and deliver the Agreement on behalf of such party and that this Agreement is binding on such party in accordance with its terms.
7.13. Third Parties. Nothing contained in this Agreement shall create a contractual relationship with, or cause of action in favor of, a third party against either the CITY or CONSULTANT. CONSULTANT's Services hereunder are being performed solely for the benefit of CITY. CITY shall be an express third-party beneficiary of all contracts between CONSULTANT and any subcontractors or subconsultants in connection with any services performed in connection with, or in furtherance of, this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above.
CITY OF PACIFICA
By: Date Mar 13, 2023
Kevin Woodhouse, City Manager
CONSULTANT- CSG CONSULTANTS
By:_ Date 3-2-2023
Nourdin Khayata, PE, Vice President, Construction Management Attest: h Coffe
By:
Sarah Coffey, City Clerk
Approved As To Form
By: Male lan sen
Michelle Marchetta Kenyon, City Attorney
EXHIBIT A
TASK ORDER
TASK ORDER NO.
CITY OF PACIFICA
AND
SECTION 1 - PURPOSE
The purpose of this Task Order is to authorize and direct _ to proceed with the work specified in SECTION 2 below, in accordance with the provisions of the Master Agreement for Consultant Services between the City of Pacifica ("CITY) and ("CONSULTANT") hereto dated ("MASTER
AGREEMENT")
SECTION 2 - SCOPE OF WORK
The items authorized by this Task Order are presented in Attachment "A" - Scope of Services, which is attached hereto and incorporated by this reference.
SECTION 3 - COMPENSATION AND PAYMENT
Compensation shall be as provided in the MASTER AGREEMENT. Compensation for services as set forth in SECTION 2 shall be as set forth in Attachment "B" - Compensation, which is attached hereto and incorporated by this reference. Total compensation for all services provided under this Task Order shall not exceed
Ceiling").
SECTION 4 - TIME OF PERFORMANCE
The services described in SECTION 2 of this Task Order shall be completed by or as extended in writing by the City Manager.
SECTION 5 - ITEMS AND CONDITIONS
All terms and conditions contained in the MASTER AGREEMENT are incorporated by reference and remain in full force and effect.
Approved this day of
[Signatures on Next Page]
CITY OF PACIFICA
By:_ Date
, City Manager
Approved As To Form
By: Michelle Marcheta Kenyon, Cily Atomey
CONSULTANT
By:_ Date
By:_ Date
ATTACHMENT "A"
SCOPE OF SERVICES
ATTACHMENT "B"
COMPENSATION
CSGCONS-01 TWANG
ACORD: CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 12/20/2022
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
REPRESENTER HERE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED Alliant Insurance Services, Inc.
EMEss: [email protected]
INSURERS) AFFORDING COVERAGE NAIC #
INSURER A: Fireman's Fund Insurance Company 21873
INSURED INSURER B: American Automobile Insurance Company 21849 CSG Consultants, Inc. INSURER C: National Surety Corporation 21881 Foster City, CA 9A404 INSURER D: Pacific Insurance Company, Limited 10046 INSURER E :
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
ERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
INSR AND SID POLICY NUMBER
TYPE OF INSURANCE NSD LIMITS
A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 1,000,000 CLAIMS-MADE X OCCUR 1214/2022 : 12/4/2023 DAMAGE TO RENTED 100,000 XX USC032768220 PREMISES (Ea occurrence
MED EXP (Any one person) 10,000
PERSONAL & ADV INJURY 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 2,000,000 POLICY X PECT LOC PRODUCTS - COMP/OP AGG 2,000,000
OTHER:
AUTOMOBILE LIABILITY FE BEEn SINGLE LIMIT 1,000,000
X ANY AUTO X X SCV01 3084-22-01 12/4/2022 12/4/2023 BODILY INJURY (Per person) A UMBRELLA LIAB X OCCUR 5,000,000
EACH OCCURRENCE
EXCESS LIAB CLAIMS-MADE USC029989221 12/4/2022 12/4/2023 AGGREGATE 5,000,000 DED X RETENTIONS 10,000
C AND EMPLOYERS LIABILITY X BEATUTE I
X SCW023953-22-01 12/4/2022 1214/2023 1,000,000
E.L. EACH ACCIDENT $
ARE ON AN EASINEERECUTVE 1,000,000
E.L. DISEASE - EA EMPLOYEE $
E.L. DISEASE - POLICY LIMIT 1,000,000
D Professional Liab X 83 OH 0489503-22 2/4/2022 12/4/2023 Ded: $50,000; Agg 5,000,000 D Retro Date: 1/1/1991 83 OH 0489503-22 1214/2022 12/4/2023 Occurrence: 5,000,000
CERTIFICATE HOLDER CANCELLATION
The City of Pacifica
Attn: Raymond Donguines / City of Pacifica
170 Santa Maria Avenue
Pacifica, CA 94044 AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
Policy Number: USC032778220
Allianz (
MultiCover® - Without Medical Payments - CG 71 93 03 19 Policy Amendments) Commercial General Liability Coverage Form Your Commercial General Liability Coverage Form is revised as follows:
1. Broadened Named Insured
A. SECTION II - WHO IS AN INSURED, item 3., is deleted and replaced by the following:
3. Any organization that you own at the inception of this policy, or newly acquire or form during the polic eriod, and over which you maintain during the policy period majority ownership or majority interes will qualify as a Named Insured if:
a. There is no other similar insurance available to that organization; and b. The first Named Insured shown in the Declarations has the responsibility of placing insurance for that organization; and
c. That organization is incorporated or organized under the laws of the United States of America.
However:
(1) Coverage under this provision 3 is afforded only until the next occurring annual anniversary of the beginning of the policy period shown in the Declarations, or the end of the policy period, whichever is earlier; and
(2) Coverage A does not apply to bodily injury or property damage that occurred before you acquired or formed the organization; and
(3) Coverage B does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization.
B. SECTION II - WHO IS AN INSURED, the last paragraph, is deleted and replaced by the following:
No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture, or limited liability company that is not shown as a Named Insured in the Declarations. However, this does not apply to a limited liability company that meets all of the conditions in Section II - Who Is An Insured, item 3., above.
2. Additional Insured
If an Additional Insured endorsement is attached to this policy that specifically names a person or organization as an additional insured, then this Section 2. Additional Insured does not apply to such person or organization.
SECTION II - WHO IS AN INSURED, subsection 2.e., is added as follows:
e. Any person or organization is included as an additional insured, but only to the extent such person or organization is legally obligated to pay for bodily injury, property damage or personal and advertising injury caused by your acts or omissions. With respect to the insurance afforded to such additional insured all of the following additional provisions apply:
(1) You have agreed in a written insured contract that such person or organization be added as an additional insured under this policy;
(2) The bodily injury, property damage or personal and advertising injury for which said person or organization is legally obligated to pay occurs subsequent to the execution of such insured contract; (3) The most we will pay is the lesser of either the amount of insurance available under the applicable Limits of Insurance shown in the Declarations or the limits of insurance required by the insured contract; (4) The insurance afforded to such additional insured only applies to the extent permitted by law; Policy Number: USC032778220
Allianz I
(5) Such person or organization is an additional insured only with respect to:
a neir ownersnil
Th leased to shou, mace such person of ra part or here in red ree a re alterations, new construction or demolition operations performed by or on behalf of such person or organization;
(b) Your ongoing operations performed for that insured; (c) Their financial control of you, except such person or organization is not an insured with respect to structural alterations, new construction or demolition operations performed by or on behalf of such person or organization;
(d) The maintenance, operation or use by you of equipment leased to you by such person or organization;
(e) Operations performed by you or on your behalf and for which a state or political subdivision has issued a permit, provided such operations are not performed for such state or political subdivision, and are not included within the products-completed operations hazard; or (f) Their liability as a grantor of a franchise to you. (6) This insurance does not apply to bodily injury, property damage, personal and advertising injury, occurrence or offense:
(a) Which takes place at a particular premises after you cease to be a tenant of that premises; (b) Which takes place after all work, including materials, parts or equipment furnished in connection with such work to be performed by or on behalf of the additional insured at the site of the covered operations, has been completed;
(c) Which takes place after that portion of your work out of which the injury or damage arises has been put to its intended use by any other person or organization other than another contractor or subcontractor engaged in performing operations for a principal as part of the same project; or (d) Which takes place after the expiration of any equipment lease to which (4)(d) above applies; (7) With respect to architects, engineers or surveyors, coverage does not apply to bodily injury, property damage or personal and advertising injury arising out of the rendering or failure to render any professional services by or for you, including:
(a) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; or (b) Supervisory, inspection, architectural, or engineering services.
These exclusions apply 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 or advertising injury, involved the rendering of or the failure to render any professional services by or for you.
3. Additional Insured - Vendors
If an Additional Insured Vendors endorsement is attached to this policy that specifically names a person or organization as an additional insured, then this Section 3. Additional Insured - Vendors does not apply to that person or organization.
Unless the products-completed operations hazard is excluded from this policy, SECTION II - WHO IS AN INSURED, item 2.f. is added as follows:
f. Any vendor of yours is included as an additional insured, but only with respect to bodily injury or property damage caused by your products which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions:
Policy Number: USC032778220
Allianz
(1) The insurance afforded such vendor does not apply to:
(a) Bodily injury or property damage for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you;
(c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container;
(e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products;
(f) Demonstration, installation, servicing or repair operations, except such operations performed by the vendor in full compliance with the manufacturer's written instructions at the vendor's premises in connection with the sale of the product;
(g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) Bodily injury or property damage arising out of the liability of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. (2) This insurance does not apply to any insured person or organization from whom you have acquired such products or any ingredient, part or container, entering into, accompanying or containing such products; (3) The most we will pay is the lesser of either the amount of insurance available under the applicable Limits of Insurance shown in the Declarations or the limits of insurance required by the contract or agreement; and
(4) The insurance afforded to such vendor only applies to the extent permitted by law.
4. Additional Insured - Limited Primary and Noncontributory Provision The following is added as a second paragraph to Section IV Conditions, Condition 4. Other Insurance, following paragraph b.(2):
However, if you have added any person, organization or vendor of yours as an additional insured to this policy by way of this MultiCover® endorsement and have agreed in a written insured contract that this insurance is primary and non-contributory with other insurance available to that additional insured, this insurance is primary and we will not seek contribution from such additional insured's other insurance, provided that the additional insured is a Named Insured under such other insurance.
5. Waiver of Subrogation
SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, item 8., is deleted and replaced by the following:
8. Transfer of Rights of Recovery Against Others to Us and Blanket Waiver of Subrogation a. If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after the loss to impair those rights. At our request, the insured will bring suit or transfer those rights to us and help us enforce them. b. If required by a written insured contract executed prior to the occurrence or offense, we waive any right of recovery we may have against any person or organization named in such insured contract, because of payments we make for injury or damage arising out of your operations or your work for that person or organization.
Policy Number: USC032778220
Allianz I
6. Cancellation - 90 Days
Common Policy Conditions endorsement IL0017, A. Cancellation, item 2.b. is deleted and replaced by the following:
b. 90 days before the effective date of cancellation if we cancel for any other reason.
7. Liberalization
SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, the following is added as an additional Condition:
Liberalization
If we adopt a change in our forms or rules which would broaden the coverage provided by any form that is a part of this policy without an extra premium charge, the broader coverage will apply to this policy. This extension is effective upon the approval of such broader coverage in your state.
8. Fire, Explosion, Sprinkler Leakage, or Lightning Legal Liability Coverage A. SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2 Exclusions, the last paragraph, is deleted and replaced by the following:
Exclusions c. through n. do not apply to damage by fire, explosion, sprinkler leakage, or lightning to premises while:
1. Rented to you;
2. Temporarily occupied by you with the permission of the owner; or
3. Managed by you under a written agreement with the owner.
A separate limit of insurance applies to this coverage as described in Section III - LIMITS OF INSURANCE.
B. SECTION III - LIMITS OF INSURANCE, item 6., is deleted and replaced by the following:
6. Subject to 5. above, the Damage to Premises Rented To You Limit shown in the Declarations, for property damage to any one premises while rented to you, or in the case of damage by fire, explosion, sprinkler leakage, or lightning while rented to you, temporarily occupied by you with the permission of the owner, or managed by you under a written agreement with the owner, is the greater of:
a. $1,000,000 Any One Premises; or
b. The Damage To Premises Rented To You Limit shown in the Declarations.
C. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 4. Other Insurance, b. Excess Insurance, (1)(a), items (i) and (iii), are deleted and replaced by the following:
(i) That is Fire, Explosion, Sprinkler Leakage or Lightning insurance for premises while rented to you, temporarily occupied by you with permission of the owner, or managed by you under a written agreement with the owner;
(iii) That is insurance purchased by you to cover your liability as a tenant for property damage to premises rented to you, temporarily occupied by you with the permission of the owner, or managed by you under a written agreement with the owner; or
D. SECTION V - DEFINITIONS, 9. Insured Contract, item a., is deleted and replaced by the following:
(a) A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, explosion, sprinkler leakage, or lightning to premises while rented to you, temporarily occupied by you with permission of the owner, or managed by you under a written agreement with the owner, is not an insured contract;
9. Damage to Invitees' Automobiles from Falling Trees or Tree Limbs - Limited Coverage Policy Number: USC032778220 Allianz (1)
This coverage applies to direct physical damage to automobiles owned by invitees subject to all of the following:
1. Provided such damage originates from trees on premises owned, managed, leased or rented by an insured;
2. Coverage applies only to invitees of an insured or an insured's tenant;
3. Such damage is directly caused by wind-driven falling trees or tree limbs;
4. The most we will pay for any one loss is the lowest of:
a. the actual cash value of the damaged automobile as of the time of the loss; or b. the cost of repairing the damaged automobile; or
c. the cost of replacing the damaged automobile with another automobile of like kind and quality.
Regardless of the number of occurrences, losses or claims, this coverage is subject to a limit of $25,000 in any one policy period;
5. This coverage is not subject to the General Liability General Aggregate Limit; and
6. We will make payments under this coverage without regard to fault.
10. Non-Owned or Chartered Watercraft
SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2.
Exclusions, item g. Aircraft, Auto, or Watercraft, item (2), is deleted and replaced by the following:
(2) A watercraft you do not own that is:
(a) Less than 51 feet long; and
(b) Not being used for public transportation or as a common carrier;
11. Chartered Aircraft
SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2.
Exclusions, g. Aircraft, Auto Or Watercraft, item (6), is added as follows:
(6) An aircraft in which you have no ownership interest and that you have chartered with crew.
12. Coverage Territory - Broadened
SECTION V - DEFINITIONS, item 4.a., is deleted and replaced by the following:
a. The United States of America (including its territories and possessions), Puerto Rico, Canada, Bermuda, the Bahamas, The Cayman Islands and the British Virgin Islands;
13. Personal and Advertising Injury - Contractual
Unless personal and advertising injury is excluded from this policy the following applies:
SECTION I - COVERAGES, COVERAGE B, 2. Exclusions, item e., is deleted.
14. Fellow Employee Coverage
SECTION II - WHO IS AN INSURED, 2.a., item (1) is deleted and replaced by the following:
(1) Personal and advertising injury:
However, subsections (a), (b), (c) and (d) of item (1) remain unchanged.
15. Bodily Injury Definition - Broadened
SECTION V - DEFINITIONS, 3. Bodily Injury is deleted and 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.
16. Expected or Intended Injury - Amendment to Exclusion Policy Number: USC032778220
Allianz I
SECTION I. Coverage A Bodily Injury and Property Damage Liability, 2. EXCLUSIONS, a. Expected or Intended Injury, is deleted and replaced by the following:
a. 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 of reasonable force to protect persons or property.
17. Unintentional Failure to Disclose Hazards
SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, item 6. Representations, the following is added:
d. If you unintentionally fail to disclose any hazards existing at the inception date of this policy, we will not deny coverage under this Coverage Form because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal.
18. Supplementary Payments - Increased Limits
SECTION I - COVERAGES, SUPPLEMENTARY PAYMENTS - COVERAGES A AND B, items 1.b. and 1.d., are deleted and replaced by the following:
b. The cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit, including substantiated loss of earnings up to $500 a day because of time off from work.
19. Duties in the Event of an Occurrence, Offense, Claim or Suit - Amended SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, item 2.a. is deleted and replaced by the following:
(1) You must see to it that we or any licensed agent of ours are notified of a General Liability occurrence or offense which may result in a claim as soon as practicable after it becomes known to:
(a) You, if you are an individual;
(b) Your partner or member, if you are a partnership or joint venture; (c) Your member, if you are a limited liability company; (d) Your executive officer if you are an organization other than a partnership, joint venture or limited liability company; or
(e) Your authorized representative or insurance manager.
Knowledge of an occurrence or offense by persons other than those listed above does not imply that those listed above also have such knowledge.
(2) To the extent possible, notice should include:
(a) How, when and where the occurrence or offense took place; (b) The names and addresses of any injured persons and witnesses; and (c) The nature and location of any injury or damage arising out of the occurrence or offense.
20. Non Employment Discrimination Liability
Unless personal and advertising injury is excluded from this policy the following applies:
A. SECTION V - DEFINITIONS, 14. Personal and advertising injury, item h. is added as follows:
h. Discrimination.
B. B. SECTION V - DEFINITIONS, item 23. is added as follows:
Policy Number: USC032778220 Allianz
23. Discrimination means the unlawful treatment of a person or class of persons because of their specific race, color, religion, gender, age, or national origin in comparison to one or more persons who are not members of the specified class.
C. SECTION I - COVERAGES, COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY, 2.
Exclusions, the following are added:
9. Discrimination directly or indirectly related to the past employment, employment or prospective employment of any person or class of persons by any insured; г. Discrimination directly or indirectly related to the sale, rental, lease or sublease or prospective sale, rental, lease or sublease of any dwelling or permanent lodging by or at the direction of any insured; s. Discrimination, if insurance thereof is prohibited by law; or t. Fines, penalties, specific performance, or injunctions levied or imposed by a governmental entity, governmental code, law, or statute because of discrimination.
All other terms and conditions of the policy apply.
Policy Number: SC V 013084 22 01
FleetCover® Endorsement - CA 70 18 10 14
Policy Amendment
This Endorsement modifies insurance provided under the:
Business Auto Coverage Form
Motor Carrier Coverage Form
A. Broadened Named Insured
Section I! - Covered Autos Liability Coverage, A. Coverage, 1. Who Is An Insured, the following is added:
Any organization you own on the inception of this policy, or newly acquire or form during the policy period, and over which you maintain during the policy period, majority ownership or majority interest will qualify as a Named Insured if:
(1) There is no other similar insurance available to that organization; and (2) The first Named Insured shown in the Declarations of this policy has the responsibility of placing insurance for that organization; and
(3) The organization is incorporated or organized under the laws of the United States of America.
However:
(a) Coverage under this provision is afforded only until the next occurring 12 month anniversary of the beginning of the policy period shown in the Declarations, or the end of the policy period, whichever is earlier; and
(b) Coverage under this provision does not apply to bodily injury or property damage that results from an accident that occurred before you acquired or formed the organization; and (c) No person or organization is an insured with respect to any current or past partnership, or joint venture that is not shown as a Named Insured in the Declarations; and (d) Coverage under A.(1), (2) and (3) above does not apply to any organization that is covered as an insured under any other automobile liability insurance policy whose limits of insurance have been exhausted or whose insurer has become insolvent.
B. Broadened Who Is an Insured
1. Form CA0001 (if attached to this policy), Section II - Covered Autos Liability Coverage, A Coverage, 1. Who Is An Insured, item b.(2) is deleted, and d. is added as follows:
d. Your employee while using his owned auto, or an auto owned by a member of his or her household, in your business or your personal affairs, provided you do not own, hire or borrow that auto.
2. Form CA0020 (if attached to this policy), Section II - Covered Autos Liability Coverage, A.
Coveraqe, 1. Who Is An Insured, item b. (2) is deleted, and f. is added as follows:
• Your employee or agent while using his owned private passenger type auto, or :
private passenger type auto owned by a member of his or her household, in your business or personal affairs, provided you do not own, hire, or borrow that auto This form must be attached to Change Endorsement when issued after the policy is written One of the Allianz Global Risks US Companies as named in the policy.
CA7018 10-14 Page 1 of 10
Copyright ©2014 Allianz Global Risks US Insurance Company. All rights reserved.
Policy Number: SC V 013084 22 01
C. Additional Insured Coverage and Waiver of Subrogation
1. Form CA0001 (if attached to this policy), Section II - Covered Autos Liability Coverage, A.
Coverage, 1. Who Is An Insured, the following is added as item e.; and form CA0020 (i attached to this policy), Section II - Covered Autos Liability Coverage, A. Coverage, 1. Whi Is An Insured; the following is added as item g.:
Any person or organization with respect to the operation, maintenance, or use, of a covered uto, provided that you and such person or organization have agreed under an expresse rovision in a written insured contract or written agreement, or a written permit issued t you by a governmental or public authority, to add such person, organization, or governmental or public authority to this policy as an insured.
However, such person or organization is an insured:
(1) Only with respect to the operation, maintenance, or use, of a covered auto; and (2) Only for bodily injury or property damage caused by an accident which takes place after:
(a) You executed the insured contract or written agreement; or (b) The permit has been issued to you.
2. Form CA0001 (if attached to this policy), Section IV - Business Auto Conditions, A. Loss Conditions, item 5.; and form CA0020 (if attached to this policy), Section V - Motor Carrier Conditions, A. Loss Conditions, item 6.; the following is added:
Waiver of Subrogation
If required by a:
a. Written insured contract or written agreement executed prior to the accident; or b. Written permit issued to you by a governmental or public authority prior to the accident; we waive any right of recovery we may have against any person or organization named in such contract, agreement or permit, because of payments we make for injury or damage arising out of the ownership, maintenance or use of a covered auto.
D. Auto Medical Payments - Increased Limit
For each covered auto described in the Declarations or shown in the Schedule as having Auto Medical Payments Coverage, the Medical Payments Limit of Insurance for those autos is revised to the greater of:
1. $5,000; or
2. The limit shown in the Declarations.
E. Hired Auto Physical Damage Coverage and Loss of Use Expenses Hired Auto Physical Damage Coverage
CA7018 10-14 Page 2 of 10
Copyright ©2014 Allianz Global Risks US Insurance Company. All rights reserved.
Policy Number: SC V 013084 22 01
If Physical Damage Coverage is provided by this policy on your owned covered autos, the following applies:
Any auto that you lease, , hire, rent or borrow without a driver, will be covered under this policy for Physical Damage Coverage. However any such auto:
1. Will be covered only for the same Physical Damage Coverage that applies to your owned covered autos;
2 Vil be sut sect tar the a o appeal deductible shooter corder e does not apply to loss caused by fire or lightning; and
3. The most we will pay for any one loss in any one accident is the lesser of the following:
a. Actual cash value of the damaged or stolen property as of the time of the loss as determined by us; or
b. The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality.
In addition, we will pay costs and fees associated with such covered loss only for a maximum time period of seven days beginning with the date of loss, subject to a maximum of $500.
However:
1. If form CA0001 is attached to this policy, this coverage does not apply to autos you lease, hire, rent or borrow from any of your employees, partners (if you are a partnership), members (if you are a limited liability company) or members of their households; and
2. If form CA0020 is attached to this policy, this coverage does not apply to any private passenger type auto you lease, hire, rent or borrow from any member of your household, any of your employees, partners (if you are a partnership), members (if you are a limited liability company), or agents or members of their households.
Hired Auto Loss of Use Expenses
-orm CA0001 (if attached to this policy), Section III - Physical Damage Coverage, A. Coverage
4. Coverage Extension, b. Loss of Use Expenses; and form CA0020 (if attached to this policy), section IV - Physical Damage Coverage, A. Coverage, 4. Coverage Extension, b. Loss of Use xpenses; is deleted and replaced by the following
b. 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 agreement. We will pay for loss of use expenses if caused by:
(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 Specified Causes of Loss is provided for any covered auto; or
(3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered auto.
CA7018 10-14 Page 3 of 10
Copyright ©2014 Allianz Global Risks US Insurance Company. All rights reserved.
Policy Number: SC V 013084 22 01
However, the most we will pay for any expenses for loss of use is $100 per day, to a maximum of $1,000.
F. Coverage Territory - Hired Auto
1. Form CA0001, (if attached to this policy), Section IV - Business Auto Conditions, B. General Conditions, 7. Policy Period, Coverage Territory, b.(5) is deleted and replaced by the following:
(5) Anywhere in the world if a covered auto of the private passenger type is leased, hired, rented or borrowed without a driver for a period of 180 days or less, (5) Anywhere in the world if a covered auto of the private passenger type is leased, hired, rented or borrowed without a driver for a period of 180 days or less, G. Communication Equipment Coverage
Form CA0001 (if attached to this policy), Section III - Physical Damage Coverage, C. Limits of Jamage Coverage. C.
b. All electronic equipment that reproduces , receives or transmits audio, visual or data signals in any one loss is $1,500, if, at the time of loss, such electronic equipment is:
H. Tapes, Records, CDs and DVD Coverage
The Physical Damage Coverage Section is amended as follows:
1. The exclusion referring to tapes, records, , discs, or other similar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment does not apply.
2. Under Comprehensive Coverage - Form CA0001 (if attached to this policy), Section III- Physical Damage Coverage, A. Coverage; and form CA0020 (if attached to this policy), Section IV- Physical Damage Coverage, A. Coverage; the following is added:
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 your property, or that of a family member; and
b. Are in a covered auto at the time of a loss.
The most we will pay for loss is $250. No deductible applies to this coverage.
Personal Effects Coverage
Form CA0001 (if attached to this policy), Section III - Physical Damage Coverage, A. Coverage,
4. Coverage Extensions; and form CA0020 (if attached this policy), Section Physical Damage Coverage, A. Coverage, 4. Coverage Extensions; item c. is added as follows:
CA7018 10-14 Page 4 of 10
Copyright ©2014 Allianz Global Risks US Insurance Company. All rights reserved.
Policy Number: SC V 013084 22 01
c. Personal Effects Coverage
We will pay up to $500 for loss for clothing items or other personal effects that are owned by an insured and are in an Owned auto at the time of a covered loss.
Personal Effects do not include audio visual or electronic devices, money, giftcards, securities, jewelry, or tools.
This coverage is excess over any other collectible insurance.
No deductible applies to this coverage.
J. Airbag Coverage
Coverage, B. Exclusions, 3.a.; the following is added:
owever, mechanical breakdown does not mean the unintended discharge of an airba rovided that any loss covered under this provision is excess over any other collectabl insurance or warranty designed to cover such unintended discharge.
K. Rental Reimbursement
Form CA0001 (if attached to this policy), Section III - Physical Damage Coverage, A. Coverage,
4. Coverage Extensions; and form CA0020 (if attached to this policy), Section IV - Physical Damage Coverage, A. Coverage, 4. Coverage Extensions; item d. is added as follows:
d. Rental Reimbursement or Transportation Expenses
If loss occurs to a covered auto described or designated in the Declarations or Schedule and covered for Physical Damage Coverage, we will pay for rental expenses for the rental of a similar replacement auto and additional transportation expenses, incurred by you. This payment applies in addition to the otherwise applicable amount of each coverage you have on the covered auto. No deductible applies to this coverage. However:
(1) We will pay only for those expenses incurred by you that begin 24 hours after the covered loss.
(2) We will cease paying for those expenses, regardless of the policy's expiration date, at the earlier of the following dates:
(a) The number of days reasonably required to repair or replace the covered auto. If loss is caused by theft, this number of days is added to the number of days it takes to locate and return the covered auto to you; or
(b) 45 days from the date this coverage begins.
(3) Our payment is limited to the lesser of the following amounts:
(a) Necessary and actual expenses incurred by you; or
(b) $1,500.
(4) This coverage does not apply while there are spare or reserve autos available to you for CA7018 10-14 Page 5 of 10
Copyright ©2014 Allianz Global Risks US Insurance Company. All rights reserved.
Policy Number: SC V 013084 22 01
your operations.
(5) If loss results from the total theft of a covered private passenger type auto (if CA0020 is attached to this policy), or a covered private passenger auto (if CA0001 is attached to this policy), we will pay under this coverage only that amount of your covered rental expenses or additional transportation expenses which are not already provided for under the Physical Damage Coverage Extensions.
L. Extended Towing Coverage
1. Form CA0001 (if attached to this policy), Section III - Physical Damage Coverage, A.
Coverage, 2. Towing, is deleted and replaced by the following:
2. Extended Towing
We will pay up to $750 per disablement for towing and labor costs you incur each time your covered auto is disabled. However:
a. All labor must be performed at the place of disablement; and b. If the covered auto is of the private passenger type, no deductible applies; and c. If the covered auto is not of the private passenger type, our obligation to pay will be reduced by a $250 deductible per disablement.
d. If the covered auto is not of the private passenger type and the disablement results from a loss covered under Section III - Physical Damage Coverage, A. Coverage, Paragraphs 1, a., b., or c., there is no separate deductible for the Extended Towing For purposes of this coverage, disablement means a breakdown of the covered auto including mechanical breakdown, engine failure, or tire blowout, where re- pairs cannot be made roadside and a tow is required to remove the auto from the roadway and to seek additional services and repair.
2. Form CA0020 (if attached to this policy), Section IV - Physical Damage Coverage, A.
Coverage, 2. Towing - Private Passenger Autos, is deleted and replaced by the following:
2. Extended Towing
We will pay up to $750 per disablement for towing and labor costs you incur each time your covered auto is disabled. However:
a. All labor must be performed at the place of disablement; and b. If the covered auto is of the private passenger type no deductible applies; and c. If the covered auto is not of the private passenger type our obligation to pay will be reduced by a $250 deductible per disablement.
d. If the covered auto is not of the private passenger type and the disablement results from a loss covered under Section III - Physical Damage Coverage, A. b., or c., there is no separate deductible for the
For purposes of this coverage, disablement means a breakdown of the covered auto CA7018 10-14 Page 6 of 10
Copyright ©2014 Allianz Global Risks US Insurance Company. All rights reserved.
Policy Number: SC V 013084 22 01
including mechanical breakdown, engine failure, or tire blowout, where repairs cannot be made roadside and a tow is required to remove the auto from the roadway and to seek additional services and repair.
M. Cancellation - 120 Days Notice
If we cancel this policy for any reason other than nonpayment of premium, we will mail or deliver to the first Named Insured at the last mailing address known to us, written notice of cancellation at least 120 days prior to the effective date of cancellation.
N. Supplementary Payments - Increased Limits
Section II - Liability Coverage, 2. Coverage Extensions, a. Supplementary Payments, items (2) and (4) are deleted and replaced by the following:
(2) Up to $2,500 for the cost of bail bonds (including bonds for related traffic law 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 substantiated loss of earnings up to $500 a day, because of time off from work.
O. Duties in the Event of Accident, Claim, Suit or Loss - Amended Form CA0001 (if attached to this policy) Section IV - Business Auto Conditions, A. Loss Conditions, item 2. a.; and form CA0020 (if attached to this policy) Section V - Motor Carrier Conditions, A. Loss Conditions, item 2. a.; is deleted and replaced by the following:
a. In the event of accident, claim, suit or loss, you must promptly notify us or our authorized representative when it becomes known to:
(1) You, if you are an individual;
(2) Your partner or member, if you are a partnership or joint venture; (3) Your member, if you are a limited liability company; (4) Your executive officer if you are an organization other than a partnership, joint venture or limited liability company; or
(5) Your authorized representative or insurance manager.
Knowledge of an accident, claim, suit or loss by other persons does not imply that the persons listed above have such knowledge.
Notice should include:
(1) How, when and where the accident or loss occurred; and (2) The insured's name and address; and
(3) To the extent possible, the names and address of any injured persons and witnesses.
P. Unintentional Failure to Disclose Hazards
Form CA0001 (if attached to this policy), Section IV - Business Auto Conditions, B. General CA7018 10-14 Page 7 of 10
Copyright ©2014 Allianz Global Risks US Insurance Company. All rights reserved.
Policy Number: SC V 013084 22 01
Conditions, item 2.; and form CA0020 (if attached to this policy), Section V - Motor Carrier Conditions, B. General Conditions, item 2:; the following is added:
However, if you unintentionally fail to disclose any hazards existing at the inception date of this policy, we will not deny coverage under this Coverage Form because of such failure. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal.
Q. Fellow Employee Coverage
Section II - Liability Coverage, B. Exclusions, 5. Fellow Employee, the following is added:
However, this exclusion does not apply if the bodily injury results from the use of a covered auto you own or hire, and provided that any coverage under this provision only applies in excess over any other collectible insurance.
R. Limited Mexico Coverage
WARNING
AUTO ACCIDENTS IN MEXICO ARE SUBJECT TO THE LAWS OF MEXICO ONLY - NOT THE LAWS OF THE UNITED STATES OF AMERICA. THE REPUBLIC OF MEXICO CONSIDERS ANY AUTO ACCIDENT A CRIMINAL OFFENSE AS WELL AS A CIVIL MATTER.
IN SOME CASES THE COVERAGE PROVIDED HERE MAY NOT BE RECOGNIZED BY
THE MEXICAN AUTHORITIES AND WE MAY NOT BE ALLOWED TO IMPLEMENT THIS COVERAGE AT ALL IN MEXICO. YOU SHOULD CONSIDER PURCHASING AUTO
COVERAGE FROM A LICENSED MEXICAN INSURANCE COMPANY BEFORE DRIVING IN
THIS ENDORSEMENT DOES NOT APPLY TO ACCIDENTS OR LOSSES WHICH OCCUR OUTSIDE OF 25 MILES FROM THE BORDER OF THE UNITED STATES OF AMERICA.
Form CA0001 (if attached to this policy), Section IV - Business Auto Conditions, B. General Conditions, item 7; and form CA0020 (if attached to this policy), Section V - Motor Carrier Conditions, B. General Conditions, item 7.; the following is added The coverage territory is extended to include Mexico, but only:
a. For accidents or losses occurring within 25 miles of the United States border; and b. For trips into Mexico of 10 days or less; and
c. If the covered auto is principally garaged and principally used in the United States; and d. If the insured is a resident of the United States.
If a loss to a covered auto occurs in Mexico, we pay for such loss in the United States. If the covered auto must be repaired in Mexico in order to be driven, we will not pay for more than the actual cash value of such loss as determined by us at the nearest United States point where the repairs can be made.
Any insurance provided under this provision will be excess over any other collectible insurance.
CA7018 10-14 Page 8 of 10
Copyright ©2014 Allianz Global Risks US Insurance Company. All rights reserved.
Policy Number: SC V 013084 22 01
S. Extended Glass Coverage
a. Glass breakage. If glass must be replaced, the deductible will be $100 or the deductible shown in the Declarations, whichever is less. 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.
T. Broadened Definition of Bodily Injury
Form CA0001 (if attached to this policy), Section V - Definitions, item C.; and Form CA0020 (if attached to this policy), SECTION VI - DEFINITIONS, item C.; is deleted and replaced by the following:
C. 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 tvoe of mental or emotional illness or disease.
U. Customer Lease or Loan Physical Damage Coverage Extension Coverage, C. Limits Of Insurance; item 4. is added as follows:
4. If your covered owned auto is:
(1) Shown in the Schedule and designated as covered for Physical Damage Coverage; and (2) Shown in this policy as having a loss payee or additional-insured-lessor; and (3) Incurs a covered total loss;
we will pay the greater of:
(a) The actual cash value, as determined by us, of the damaged or stolen property as of the time of the total loss; or
(b) The outstanding indebtedness under the initial finance agreement for the covered auto and its equipment.
As used here, outstanding indebtedness means the amount you owe on the finance agreement at the time of total loss:
(i) Less any amounts representing taxes, overdue payments, penalties, interest, or charges resulting from overdue payments, additional mileage, excess wear and tear, or lease termination fees; and
(i) Less any administrative costs or overhead fees assessed by the finance company who has leased the covered auto to you; and
(i) Less security deposits not returned by the lessor; and (iv) Less costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and
CA7018 07-17 Page 9 of 10
Copyright © 2017 Allianz Global Risks US Insurance Company. All rights reserved.
Policy Number: SC V 013084 22 01
(v) Less carry-over balances from previous loans or leases.
V. Two or More Deductibles
1. Section III - Physical Damage Coverage, D. Deductible, of form CA0001 (if attached to this policy), the following is added:
If another Allianz Global Risks US Insurance Company policy or coverage form that is not an automobile policy or coverage form applies to the same accident or loss, the following applies:
(1) If the deductible under this Business Auto Coverage Form is the lesser of (or least) deductible, it will be waived.
(2) If the deductible under this Business Auto Coverage Form is not the lesser, (or least) deductible, it will be reduced by the amount of the lesser (or least) deductible.
2. Section IV - Physical Damage Coverage, D. Deductible, of form CA0020 (if attached to this policy), the following is added:
It another palz or al irage us applies the same or one or for are n (1) If the deductible under this Business Auto Coverage Form is the lesser of (or least) deductible, it will be waived.
(2) Deuce, i we ue ericed by ne un overe leer or east de duster, (or least) All other terms and conditions of the policy remain unchanged.
CA7018 07-17 Page 10 of 10
Copyright © 2017 Allianz Global Risks US Insurance Company. All rights reserved WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04-84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.
The additional premium for this endorsement shall be 2.00% of the California workers' compensation premium otherwise due on such remuneration.
Schedule
Associated
Job
Person or Organization Job Description Premium
Blanket Waiver of Subrogation as required by written contract.
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 12/04/2022 Policy No. SCW0239532201 Endorsement No.
Insured CSG Consultants, Inc. Insurance Company National Surety Premium Corporation
Countersigned By
WC 04 03 06
(Ed. 04-84)
Agreement_Master Services_CSG_General
Engineering Services_20230301
Final Audit Report 2023-03-13
Created: 2023-03-13
By: Jennie Kenway ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAA3KukZ_yNIWvP-Dsv18cM83WG4Bbzr6tW "Agreement_Master Services_CSG_General Engineering Servic es 20230301" History
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