CITY OF RICHMOND
CONTRACT AMENDMENT
Department: Public Works - Parks Project Manager: Janice Lee Project Manager E-mail: Project Manager Phone No:
[email protected] 231-3004
P.R. No: Vendor No: 5001 P.O./Contract No: 4010
Description of Services:
Intrusion and Fire Alarm Maintenance and Monitoring Services Amendment No. 1 modifies the: (2d or subsequent amendments attach Amendment History page) _Term, Payment Limit and Service Plan / Payment Limit and Service Plan /Term and Service Plan Service Plan
The parties to this Contract Amendment do mutually agree and promise as follows:
1. Parties. The parties to this Contract Amendment are the City of Richmond, California, a municipal corporation (City), and the following named Contractor:
SSD/Security Signal Devices, Inc.
Company Name:
Street Address: 1740 Lemon Street
City, State, Zip Code: Anaheim, CA 92801
Contact Person: Scott Hollis
Telephone: (800) 888-0444 Email: [email protected]
Business License No: 40046361 / Expiration Date: July 11, 2021 A California V corporation, limited liability corporation general partnership, limited partnership, ] individual, non-profit corporation, individual dba as [specify]
other [specify:]
2. Purpose. This Contract Amendment is being entered into to amend the Contract between City and Contractor which was approved by the City Council of the City of Richmond or executed by the City Manager on November 21, 2017 , which original term commenced on November 16, 2017 and terminates November 15, 2022 with an original contract payment limit of $400,000.00 . Said contract shall hereinafter be referred to as the "Original Contract" and is incorporated herein by reference.
Original Contract Provisions. The parties hereto agree to continue to abide by those terms and conditions of the Original Contract, and any amendments thereto, which are unaffected by this Contract Amendment.
Amendment Provisions. This Contract Amendment is subject to the Amendment Provisions attached hereto, which are incorporated herein by reference, and which control over any conflicting provisions of the Original Contract, or any amendment thereto.
5. City of Richmond Business License Active Status Maintained. Pursuant to Municipal Code Section 7.04.030, the Contractor must maintain its City of Richmond business license for this Contract Amendment to be deemed to be in effect.
Insurance Coverage Updated and Maintained. Pursuant to the Original Contract, the Contractor shall provide the City with updated insurance certificates, and the Contractor shall maintain insurance coverage, for this Contract Amendment to be deemed to be in effect.
7. Signatures. These signatures attest the parties' agreement hereto:
CITY OF RICHMOND, CALIFORNIA CONTRACTOR:
a municipal corporation SSD/Security Signal Devices, Inc.
BILLAA
Title:
I hereby certify that the Original Contract Title: Senior and this Amendment have been approved
by the City Council or executed by the City (*The Corporation Chief Financial Officer, Secretary or Manager. Assistant Secretary should sign on the line below.) By lanch Christ.
City Clerk
THe: CFO
(NOTE: Pursuant to California Corporations
Approved as to form: Code Section 313, if Contractor is a corporation or nonprofit organization, this
Contract (1) should be signed by the
By Likes Chairperson of the Board, President or
for City Attorney Vice-President and the Chief Financial Officer, Secretary or Assistant Secretary; (2)
List of Attachments: should have both signatures conform to
1. Amendment Provisions designated representative groups pursuant
2. Updated Insurance Certificates to Corporations Code Section 313.
Contract Amendment/EJ/TE 09-26-07
Contract Amendment between the City of Richmond and
SSD/Security Signal Devices, Inc.
Amendment No. P.O./Contract No.
1 4010
AMENDMENT PROVISIONS (PAYMENT LIMIT AND SERVICE PLAN)
Paragraph 3 (Payment Limit) of the Original Contract is hereby amended to increase the payment limit by $200,000.00 Paragraph 3 of the Original Contract is amended to read as follows:
"3. Payment Limit. City's total payments to Contractor under this Contract Amendment shall not exceed $600,000.00 _including expenses." "The City of Richmond shall not pay for services that exceed the Contract ayment Limit without the prior written approval of the City Manager if the tota Contract amount does not exceed $10,000 or without the prior approval of the City Council if the total Contract amount is over $10,000." The Service Plan (Exhibit A) of the Original Contract is hereby amended to include the following tasks and/or services:
No changes to the Service Plan.
Contract Amendment/EJ/TE 9-26-07
Contract Amendment between the City of Richmond and
SSD/Security Signal Devices, Inc.
Amendment No. P.O./Contract No.
1 4010
AMENDMENT PROVISIONS (SERVICE PLAN)
(CONTRACTOR'S OBLIGATION'S)
The Service Plan (Exhibit A) of the Original Contract is hereby amended to include the following tasks and/or services:
None
Contract Amendment/EJ/TE 9-26-07
Exhibit F
_Section 8
City of Richmond - Insurance Requirements - Type 1:
Consultants and Contractors
In all instances where a CONTRACTOR or its representatives will be conducting business and/or providing services, the City requires the following MINIMUM insurance requirements and limits.
CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, its agents, representatives, employees or subcontractors. Maintenance of proper insurance coverage is a material element o the contract. ailure to maintain or renew coverage or to provide evidence of renewal may be treated by th City as a material breach of contract.
CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery. CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with spect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of sa ONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insuranc Original, signed certificates and original, separate policy endorsements, naming the City as an additional insured for general liability, as well as a waiver of subrogation for Workers' Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.
City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work.
Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy.
The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.
Minimum Scope of Insurance - the following forms shall be provided and coverage shall be at least as broad as the following:
1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001) including coverage for bodily and personal injury, property damage, and products and completed operations.
2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto)
3. Original and Separate Additional Insured Endorsements for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non-contributory language.
4. Workers' Compensation Insurance as required by the State of California including Employer's Liability coverage.
• Original and Separate Waiver of Subrogation for Workers' Compensation and Builder's Risk/ Course c onstruction Insurance
6. Builder's Risk/Course of Construction insurance covering all risks of loss less policy exclusions when the City of Richmond has a financial interest in the property. - (Only required for Construction Contracts
7. Contractor's Pollution Liability (if applicable for Construction Contractors) Required Coverage Minimum Limits
Workers' Compensation and Statutory limits as required by the State of California including $1 million Employers' Liability Employers' Liability per accident, per employee for bodily injury or disease.
If CONTRACTOR is self-insured, provide a certificate of Permission to Self- Insure, signed by the California Department of Industrial Relations and Self Insurance. If contractor is a sole proprietor (has no employees) thar contractor must sign "Contractor Release of Liability" found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.
Type 1 - Page 1 of 4
Revised: September 2011
_Exhibit F
Section 8
City of Richmond - Insurance Requirements - Type 1:
Consultants and Contractors
General Liability PROJECT COST REQUIRED LIMIT
$0 - $5 million $2 million p/o
(primary and excess limits $5 million - $10 million $5 million p/o combined)
Over $10 million $10 million p/o
Fireworks $5 million p/o
If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum milliedgrege limit shall be twice the per occurrence limit ($4 Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.
Coverage shall include all risks of direct physical loss, excluding earthquake, for an amount equal to the full completed value of the covered structure or replacement value of alterations or additions, including soft costs and Builders' Risk/Course of business interruption.
Construction - Covers property If the project does not involve new or major reconstruction, an Installation under construction, repair or For such projects, a property installation floater Floater may be acceptable.
renovation as well as equipment shall be obtained that provides for the improvement, remodel, modification, and materials to be installed. alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater (Only required for Construction shall provide property damage coverage for any building, structure Projects involving property and machinery or equipment damaged, impaired, broken or destroyed during th equipment installation.) performance of the Work, including during transit, installation and testing al he City of Richmond's site
The City of Richmond shall be named as loss payee as its interest may appear. The insurer shall waive all rights of subrogation against City:.
Contractor's Pollution Liability (if Same limits as General Liability. applicable)
Protects against:
unexpected/unintended release of
i tank pasta ton, eter, pipeline
residential commercial builders.
Required Policy Conditions
A. M. Best Rating A:VII or Better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide notice to City.
Additional Insured Endorsement Applicable to General Liability Coverage.
Type 1 - Page 2 of 4
Revised: September 2011
_Exhibit F
_ Section 8
City of Richmond - Insurance Requirements - Type 1:
Consultants and Contractors
Additional Insured Endorsement SAMPLE Endorsements cari be found at (continued) http://www.ci.richmond.ca.us/index.aspx?nid=61 Primary and Noncontributory
Waiver of Subrogation
Endorsement Form
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
Deductibles and Self-Insured any deductible or self-insured retention must be declared to and approve Retentions y the City. At the option of the City either the insurer shall reduce o liminate such deductibles or self-insured retention as respects the City o he CONTRACTOR shall procure a financial guarantee in an amount equal to ne deductible or self-insured retention guaranteeing payment of losses an elated investigations, claims administration and defense expenses certion for enosie for salsation of the deductible and/or selfinsured Loss Payable Endorsement (only Applicable to Builder's Risk/Course of Construction naming the City of required when Builder's Risk Richmond as Loss Payee.
nd/or Course of Constructior
nsurance is required.
SURETY BONDS The Contractor shall provide:
(If a Public Works/Engineering 1. A Bid bond
Project) 2. A Performance Bond
3. A Payment Bond
Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverages and cover those insured in the underlying policies.
Claims-Made Policies
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or non- renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.
Subcontractors
CONTRACTOR shall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.
CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies. The fact that insurance is obtained by CONTRACTOR, and/or CONTRACTOR's subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.
Type 1 - Page 3 of 4
Revised: September 2011
_ Exhibit F
Section 8
City of Richmond - Insurance Requirements - Type 1:
Consultants and Contractors
Verification of Coverage
Al chand rescates the endors reen com bee, cerveded copies or al retired sure porks nine The city endorsements affecting the coverage at any time.
original insurance certificates and required policy endorsements shall be mailed, or delivered to the Designated Project Manager for the City of Richmond
Insurance certificates and endorsements may be faxed to the Designated Project Manager. However, Contractor must mail the original certificates and endorsements to Designated Project Manager once faxed.
Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City's insurance requirements, the City may take such action as it deems necessary to protect the City's interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.
If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by the City, CONTRACTOR must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager.
Cancellation
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days' prior written notice has been given to the City.
Reporting Requirements
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.
Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to he minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy anc thus enforceable.
Type 1 - Page 4 of 4
Revised: September 2011
SECUSIG-01 PATRA1
ACORD® DATE (MM/DD/YYYY)
CERTIFICATE OF LIABILITY INSURANCE 12/2/2020
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
THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
PRODUCER License # OM70471
Orion Risk Management Insurance Services, An Alera Group Insurance Agency, LLC
1800 Quail Street, Suite 110 ADDREss: [email protected] Newport Beach, CA 92660 INSURERS) AFFORDING COVERAGE NAIC # INSURER A : Everest Indemnity Insurance Company 10851
INSURED INSURER B: Everest Denali Insurance Company 16044 INSURER : Everest Premier Insurance Company 16045
Security Signal Devices, Inc.
1740 N. Lemon Street INSURER D:
Anaheim, CA 92801 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
EXCLUSION POLE NEED HERE SUBJECT TO ALL THE TERMS,
INSR POLiCY NUMBER LIMITS
TYPE OF INSURANCE INSD|
A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR X 51GL014081201 12/1/2020 | 12/1/2021 500,000 MED EXP (Any one person) 10,000
PERSONAL & ADV INJURY 1,000,000
GENERAL AGGREGATE 5,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
PECT 2,000,000
POLICY LOC RODUCTS - COMP/OP AGG
RRORS OMMISSI $ Included
OTHER:
LAGER SINGLE LIMIT 1,000,000
AUTOMOBILE LIABILITY $
X ANY AUTO XX 51CAD00199201 12/1/2020 12/1/2021 BODILY INJURY (Per person).
AUTOS ONLY
10,000,000
UMBRELLA LIAB X OCCUR EACH OCCURRENCE an en en
CLAIMS-MADE 51CC005093201 12/1/2020 12/1/2021 AGGREGATE 10,000,000
EXCESS LIAB
DED X RETENTIONS 10,000
C AND EMPLOYERS LIABILIN X STATUTE | TER*
X 5300003001201 12/1/2020 12/1/2021 1,000,000
E.L. EACH ACCIDENT $
1,000,000
E.L. DISEASE - EA EMPLOYEE S 1,000,000
SIT PERATIONS below. E.L. DISEASE - POLICY LIMIT $
City of Richmond is included as Aditional insured per the terms or the a faced C 20 10004 1/CG 20 37 04 9u and ECA 04 506 06 09 Endorsements.
Primary wording applies per the terms of the attached ECG 24 520 08 05 Endorsement.
Waiver of Subrogation applies per the terms of the attached ECG 24 522 04 02, ECA 04 506 06 09 and WC 04 03 06 Endorsement.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
NOTICE WILL BE DELIVERED IN
City of Richmond
450 Civic Center Plaza
Richmond, CA 94804
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: 51GL014081201 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location And Description Of Completed Operations Blanket Where Required by Written Contract
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II - Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or Station ll simits tinstling is added to additional insureds, organization(s) shown in the Schedule, but only
with respect to liability for "bodily If coverage provided to the additional insured is "property damage" caused, in whole or in part, by required by a contract or agreement, the most we your work" at the location designated anc will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance:
performed for additional insured and
included in the "products-completed operations 1. Required by the contract or agreement; or hazard". 2. Available under the applicable Limits of
Insurance shown in the Declarations;
However:
1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted This endorsement shall not increase the applicable by law; and Limits of Insurance shown in the Declarations.
2. If coverage provided to the additional insured
is required by a contract or agreement, the
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: 51GL014081201 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location(s) Of Covered Operations
Blanket Where Required by Written Contract
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II - Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply:
with respect to liability for "bodily injury"
damage" or "personal and advertising injury"
caused, in whole or in part, by:
1. All work, including materials, parts
1. Your acts or omissions; or equipment furnished in connection with such
2. The acts or omissions of those acting on your work, on the project (other than service, behalf;
in the performance of your ongoing operations for
the additional insureds) at the locations)
designated above.
2. That portion of "your work" out of which the
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured is principal as a part of the same project. required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 C. With respect to the insurance afforded to these Limits of
2. Asiance Shower in the Declaratons;
additional insureds, the following is added to
Section III - Limits Of Insurance: whichever is less.
If coverage provided to the additional insured is shall not increase required by a contract or agreement, the most we applicable Limits of Insurance shown i will pay on behalf of the additional insured is the Declarations.
1. Required by the contract or agreement; or
Policy number: 51CAD00199201
COMMERCIAL AUTO
ECA 04 506 06 09
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
COMMERCIAL AUTO ENHANCEMENT ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
The following is a summary of the Limits of Insurance and additional coverage provided by this endorse- nent. For complete details on specific coverage, please refer to policy language in this endorsement anc he underivina Business Auto Coverage Form
Coverage Applicable Enhancement
Subsidiaries As Insureds Broadened
Newly Acquired Organizations As Insureds Broadened
Blanket Additional Insureds Broadened
Employees As Insureds (Non-Ownership) Broadened
Supplementary Payments - Bail Bonds $3,000 Limit
Supplementary Payments - Loss Of Earnings $1,000 per day Broadened
Fellow Employee Bodily Injury
Towing Coverage - All Covered Autos Broadened
Glass Breakage Coverage - Waiver of Deductible Broadened Loss of Use Expenses $50 per day
$1,000 Limit
Broadened
Stolen Vehicle Extra Expense
Broadened
Airbag Discharge
Electronic Equipment (Permanently Installed) Broadened
Single Deductible Provision Broadened
Notice To Company Broadened
Blanket Waiver Of Subrogation Broadened
Unintentional Failure To Disclose Hazards Broadened
Bodily Injury Includes Mental Anguish Broadened
Coverage Territory Extension - Mexico Broadened
ECA 04 506 06 09 Copyright, Everest Reinsurance Company, 2009 Page 1 of 5 Includes copyrighted sed tital is permissie Services Office, In.
A. Who Is An Insured (2) Is executed after the date of loss.
The following is added to Paragraph A.1. of Sec- Paragraph e.(2) does not apply if:
tion II - Liability Coverage: (1) The terms and conditions of the written d. Any: "insured contract" had been agreed upon
prior to the "accident" or "loss"; and
• (1) Subsidiary which is a legally incorporated
entity of which you own greater than 50% (2) You can definitively establish that the terms interest in the voting stock on the effective and conditions of the written "insured con- date of this Coverage Form. However, the tract" ultimately executed are the same as insurance afforded by this provision does those which had been agreed upon prior to not apply to any subsidiary that is an "in- the "accident" or "loss". sured" under any other automobile liability f. Any of your "employees" while using a covered policy, or would be an "insured" under such "auto" in your business or your personal affairs, policy but for the termination of such policy
or the exhaustion of such policy's limits of provided you do not own, hire or borrow that insurance.
B. Coverage Extensions - Supplementary
2) Organization you newly acquire or form. Payments
and over which you maintain majority inter-
Paragraphs A.2.a.(2) and A.2.a.(4) of Section I| -
Liability Coverage are replaced by the following:
The coverage afforded by this provision:
(2) Up to $3,000 for cost of bail bonds (including
(a) Is effective on the acquisition date, and bonds for related traffic law violations) required is afforded only until the 180th day after because of an "accident" we cover. We do not you acquire or form the organization or have to furnish these bonds. the end of the policy period, whichever
(4) All reasonable expenses incurred by the "in-
is earlier; sured" at our request, including actual loss of (b) Does not apply ' to "bodily injury" or earnings up to $1,000 a day because of time "property damage" resulting from an off from work.
"accident" that occurred before you ac-
quired or formed the organization; and C. Fellow Employee (c) Does not include any newly acquired or The following exception is added to exclusion 5. formed organization that is: Fellow Employee under paragraph B. Exclu- sions of Section II - Liability Coverage:
(i) A joint venture or partnership; or
This exclusion does not apply if the "bodily injury"
(ii) An "insured" under any other auto- results from the use of a "covered auto" you own mobile liability policy or would be an or hire. The coverage provided under this excep- "insured" under such policy but for tion is excess over any other collectible insurance. the termination of such policy or the
exhaustion of such policy's limits of D. Towing
insurance. Paragraph A.2. of Section III - Physical Damage Coverage is replaced by the following:
2. We will pay for towing and labor costs each
time that a covered "auto" is disabled. All labor
must be performed at the place of disablement
of the covered "auto". If the auto is not a pri-
vate passenger type, a $250 deductible will
apply to this coverage but it will not reduce the
available limit of insurance. For all types of "au-
to", the most we will pay under this coverage is
(1) Involves the owner or anyone else from $1,000 per disablement. "Autos" which are dis- whom you hire or borrow a covered "auto" abled do not include stolen vehicles. unless it is a "trailer" connected to a cov-
Includes copyrighted material of Insurance Services Office, Inc used with its permission
1. Electronic Equipment Coverage
E. Glass Breakage - Hitting A Bird Or Animal -
Falling Objects or Missiles The following exception is added to Paragraph The following is added to Paragraph A.3. of Sec- B.4.c. of Section III - Physical Damage Cover- tion III - Physical Damage Coverage: age:
Any deductible shown in the Declarations will not Exclusion 4.c. does not apply to permanently in- stalled "electronic equipment" within a covered
apply to glass breakage if such glass is repaired, "auto". Permanently installed equipment includes in a manner acceptable to us, rather than re-
placed. If the glass must be replaced and there is equipment, which is:
no other damage associated with the "loss", the a. Removable from a housing unit which is per- deductible will be $100 unless a lower deductible nanently installed in the covered "auto" at the is shown in the Declarations applicable to this time of the "loss"; and coverage. b. Designed to be solely operated by use of the F. Loss Of Use Expenses power from the "auto" electrical system, in or Paragraph A.4.b. of Section III - Physical Dam- upon the covered "auto". age Coverage is replaced by the following: The most we will pay in the event of a covered "loss" under this provision is the lesser of:
b. Loss Of Use Expenses
For Hired Auto Physical Damage, we will pay a. The actual cash value of the "electronic equip- ment" at the time of the "loss";
expenses for which an "insured" becomes le-
gally responsible to pay for loss of use of a ve- b. The cost of repairing or replacing the "elec- hicle rented or hired without a driver, under a tronic equipment" with other "electronic equip- written rental contract or agreement. We will ment" of like kind or quality; or pay for loss of use expenses if caused by: c. $3,000.
(1) Other than collision only if the Declarations No deductible will apply to this coverage provision. indicate that Comprehensive Coverage is This provision shall not apply to "electronic equip- provided for any covered "auto"; ment" for which coverage is already provided by (2) Specified Causes Of Loss only if the Decla- other primary collectible insurance. rations indicate that Specified Causes Of 1. Specited Causes J. Single Deductible Provision Loss Coverage is provided for any covered
The following is added to Paragraph D. of Section
"auto"; or
III - Physical Damage Coverage:
(3) Collision only if the Declarations indicate
that Collision Coverage is provided for any If a Comprehensive or Specified Causes of Loss Coverage "loss" from "accident" involves two or
covered "auto"
more covered "autos", only the highest deductible
However, the most we will pay for any ex- applicable to those coverages will be applied to penses for loss of use is $50 per day, to a the "accident", if the cause of the loss is covered maximum of $1,000 for those vehicles.
G. Extra Expense - Stolen Vehicle This provision only applies to you carry Compre- The following is added to Paragraph A.4. of Sec- hensive or Specified Causes of Loss Coverage for tion III - Physical Damage Coverage: those vehicles, and does not extend coverage to any covered "autos" for which you do not carry
c. Stolen Vehicle
such coverage.
We will pay for all reasonable and necessary If a "loss" covered under this Coverage Part also expenses to return a stolen covered "auto" to involves a "loss" to other property from the same you. "accident", which is covered under a Commercial
H. Airbag Coverage Property or Inland Marine Coverage Part issued The following exception is added to Paragraph by us to you, only the highest deductible applica- B.3.a. of Section III - Physical Damage Cover- dento those coverages will be applied to the "acci- age:
The accidental discharge of an airbag shall not be K. Notice To Company considered mechanical breakdown if it occurs in a Paragraph A.2. of Section IV - Business Auto covered "auto" for which Comprehensive coverage Conditions is amended as follows:
is purchased. This provision does not apply to "au-
1. With respect to notification requirements, your
tos" you hire with a driver and is excess over any obligation under Paragraph A.2.a. applies only warranty specifically designed to provide this cov- when the "accident" or "loss" is known to:
erage.
ECA 04 506 06 09 Copyright, Everest Reinsurance Company, 2009 Page 3 of 5 • Includes copyrighted material of Insurance Services Office, Inc. used with its permission.
a. You, if you are an individual; b. We hereby waive any right of subrogation against any of your officers, directors or em-
b. A partner, if you are a partnership; ployees which might arise by reason of any c. A member, if you are a joint venture or payment under the insurance afforded by the limited liability company; or policy for the operation, maintenance, use, d. An executive officer or insurance manager, loading or unloading of a non-owned "auto". if you are an organization other than a part- This waiver extends only to payments in ex- nership, joint venture or limited liability cess of other valid and collectible insurance company. available to the officer, director or employee.
2. With respect to the requirements pertaining to M. Unintentional Failure To Disclose Hazards you providing us with document concerning a The following is added to Paragraph B.2. of Sec- claim or "suit", your obligation under Paragraph tion IV - Business Auto Conditions:
A.2.b. will not be considered breached unless
the breach occurs after such claim or "suit" is If you unintentionally fail to disclose any hazards existing on the effective date of this Coverage
known to:
Form, we will not deny coverage under this Cov-
a. You, if you are an individual; erage Form because of such failure. However, this b. A partner, if you are a partnership; provision does not affect our right to collect addi- tional premium due to us as a result of these un-
c. A member, if you are a joint venture or disclosed hazards in accordance with our filed rat- limited liability company; or
ing plans.
d. An executive officer or insurance manager, N. Bodily Injury - Including Mental Anguish if you are an organization other than a part-
nership, joint venture or limited liability Paragraph C. of Section V - Definitions is re- company. placed by the following:
L. Blanket Waiver Of Subrogation C. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including "men-
The following is added to Paragraph A.5. of Sec- tal anguish" or death resulting from any of tion IV - Business Auto Conditions:
these at any time.
a. However, we waive any right of recovery we For the purpose of this provision, the term may have against a person, organization or "mental anguish" shall mean any type of men- government entity when you have waived such tal or emotional illness or distress. right of recovery under a written "insured con-
tract" that is: O. Mexico Coverage
(1) Currently in effect or becoming effective The coverage provided by this policy for covered during the term of this policy; and "autos" you own or lease on a long term basis without drivers are extended to "accidents" or
(2) Executed prior to the "accident" or "loss", or "losses" occurring in Mexico if:
executed after the "accident" or "loss" if:
1. The covered "auto" is in Mexico for a period not
(a) The terms and conditions of the written exceeding 10 days; and "insured contract" had been agreed
upon prior to the "accident" or "loss"; 2. The covered "auto" is principally garaged and used in the United States; and
(b) You can definitively establish that the 3. The driver of the covered "auto" does not re- terms and conditions of the written "in- side in Mexico; For Liability Coverage to apply to "accidents" oc-
curring in Mexico, the following must also apply:
"loss". 1. Valid and collectible auto liability insurance for the covered "auto" has been purchased from :
icensed Mexican Insurance Company and is i
force at the time of the "accident", and
Includes copyrighted material of Insurance Services Office, Inc. used with its permission.
2. The original "suit" for damages is brought with-
in the United States.
For "losses" payable under Physical Damage
Coverage this additional restriction applies:
We will pay "losses" under Physical Damage Cov-
erage in the United States, not in Mexico. If the
covered "auto" must be repaired in Mexico in order
to be driven, then the most we will pay for "loss" is
the lesser of the following:
1. The cost of repairing the "auto" or replacing its
parts in Mexico; or
2. The cost of repair or replacement at the near-
est point in the United States where the repairs
or replacement could be made.
Other Insurance:
The insurance provided by this section will be ex-
cess over any other collectible insurance.
ECA 04 506 06 09 Copyright, Everest Reinsurance Company, 2009 Page 5 of 5 • Includes copyriahted material of Insurance Services Office, Inc. used with its permission.
Policy Number: 51GL014081201
COMMERCIAL GENERAL LIABILITY
ECG 24 620 08 05
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AMENDMENT - OTHER INSURANCE
(PRIMARY NONCONTRIBUTORY)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
Condition 4. Other Insurance of SECTION IV (2) Any other primary insurance available to COMMERCIAL GENERAL LIABILITY CONDITIONS you covering liability for damages arising is replaced by the following: out of the premises or operations, or the products and completed operations, for
a. Primary Insurance which you have been added as an addi- This insurance is primary except when b. be- tional insured by attachment of an en- low applies. If this insurance is primary, our ob-
ligations are not affected unless any of the When this insurance is excess, we will have no other insurance is also primary. Then, we will duty under Coverages A or B to defend the in- share with all that other insurance by the sured against any "suit" if any other insurer has method described in c. below, except that we a duty to defend the insured against that "suit". will not seek contribution from any party with If no other insurer defends, we will undertake whom you have agreed in a written contract or to do so, but we will be entitled to the Insured's agreement that this insurance will be primary rights agalnst all those other insurers. and noncontributory, if the written contract or
agreement was made prior to the subject "oc- When this insurance is excess over other in- surance, we will pay only our share of the
amount of the loss, if any, that exceeds the
sum of:
This insurance is excess over: (1) The total amount that all such other insur- (1) Any of the other insurance, whether pri- ance would pay for the loss in the absence mary, excess, contingent or on any other of this insurance; and basis: (2) The total of all deductible and self-insured (a) That is Fire, Extended Coverage, amounts under all that other insurance.
Builder's Risk, Installation Risk or simi- We will share the remaining loss, if any, with lar coverage for "your work"; any other insurance that is not described in this (b) That is Fire insurance for premises Excess Insurance provision and was not ented to you or temporarily occupied b bought specifically to apply in excess of the ou with permission of the owner or his Coverage Pa strown in the Declarations ) That is insurance purchased by you
over your liability as a tenant for "proj c. Method Of Sharing erty damage" to premises rented to you If all of the other insurance permits contribu- • temporarily occupied by you wi tion by equal shares, we will follow this method armission of the owner; c
(d) If the loss arises out of the maintenance
or use of aircraft, "autos" or watercraft
remains, whichever comes first.
Includes copyrighted material of Insurance Services Office, Page 1 of 2 ECG 24 520 08 06
Inc., with its permission.
If any of the other insurance does not
permit contribution by equal shares, we
will contribute by limits. Under this
each insurer's share is based
on the ratio of its applicable limit of in-
surance to the total applicable limits of
Insurance of all insurers.
ECG 24 520 08 06 Includes copyrighted material of Insurance Services Office, Inc.
Used with its permission.
Policy Number:51GL014081201
COMMERCIAL GENERAL LIABILITY
ECG 24 522 04 02
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
Blanket Where Required by Written Contract
f no entry appears above, information required to complete this endorsement will be shown in the Declaratior s applicable to this endorsement.
The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV - COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following:
ECG 24 522 04 02 Includes copyrighted material of Insurance Services Office, Page 1 of 1 Inc., with its permission.
Policy Numbers: 5300003001201
WORKERS COMPENSATION AND EMPLOYERS LIABILI'TY INSURANCE POLICY WC 04 03 06 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT «
CALIFORNIA
e have the right to recover our payments from anyone able for an injury covered by this policy. We will not enfor ur right against the person or organization named in the Schedule. (This agreement applies only to the extent th you perform work under a written contract that requires you to obtain this agreement from us.) 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 % of the California workers' compensation premium otherwise due on such remuneration.
SCHEDULE
PERSON OR ORGANIZATION JOB DESCPIPTION
BLANKET WAIVER FOR ANY PERSON OR N/A
ORGANIZATION WHERE REQUIRED BY
WRITTEN CONTRACT ENTERED INTO BY
THE INSURED PRIOR TO THE
COMMENCEMENT OF THE JOB.
- 1998 by the Workers' Compensation Insurance Rating Bureau of Califcinia. All rights reserved From the WCIRB's California Workers' Compensation Insurance Forms Manual - 1999 . INS. IIED COFY