Loading...
HomeMy WebLinkAboutFailSafe Testing LLC; 2020-11-20;AGREEMENT FOR LADDER TESTING SERVICES FAILSAFE TESTING, LLC 7Th THIS AGREEMENT is made and entered into as of the 04—M day of I( )0,2xy-bod— , 20 - ),1:;, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and FailSafe Testing, a limited liability company, ("Contractor"). RECITALS City requires the professional services of a company that is experienced in ground ladder testing and aerial inspections. Contractor has the necessary experience in providing these professional services, has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in Exhibit "A", attached and incorporated by this reference in accordance with the terms and conditions set forth in this Agreement. 2. TERM This Agreement will be effective for a period of one year from the date first above written. The City Manager may amend the Agreement to extend it for two additional two year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 3. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term shall not exceed ten thousand dollars ($10,000). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed ten thousand dollars ($10,000) per Agreement year. City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or the Services specified in Exhibit "A." 4. STATUS OF CONTRACTOR Contractor will perform the Services as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under the control of City only as to the results to be accomplished. 5. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. City Attorney Approved Version 6/12/18 1 The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 6. INSURANCE Contractor will obtain and maintain policies of commercial general liability insurance, automobile liability insurance, a combined policy of workers' compensation, employers liability insurance, and professional liability insurance from an insurance company authorized to transact the business of insurance in the State of California which has a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non- admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report, in an amount of not less than one million dollars ($1,000,000) each, unless otherwise authorized and approved by the Risk Manager or the City Manager. Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims- made coverage. The insurance will be in force during the life of this Agreement and will not be canceled without thirty (30) days prior written notice to the City by certified mail. City will be named as an additional insured on General Liability which shall provide primary coverage to the City. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. Contractor will furnish certificates of insurance to the Contract Department, with endorsements to City prior to City's execution of this Agreement. 7. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City For Contractor Name Ben Rosenthal Name Diane Nedler Title Battalion Chief Title Office Manager Department Fire Address 2037 W. Bullard #523 City of Carlsbad Fresno, CA 93711 Address 2560 Orion Way Phone No. 650-747-9599 Carlsbad, CA 92010 Email scheduling@failsafetesting.net Phone No. 760-931-2141 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 8. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories. Yes EJ No M City Attorney Approved Version 6/12/18 2 9. COMPLIANCE WITH LAWS Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment and will obtain and maintain a City of Carlsbad Business License for the term of this Agreement. 10. TERMINATION City or Contractor may terminate this Agreement at any time after a discussion, and written notice to the other party. City will pay Contractors costs for services delivered up to the time of termination, if the services have been delivered in accordance with the Agreement. 11. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees it may be subject to civil penalties for the filing of false claims as set forth in the California False Claims Act, Government Code sections 12650, et seq., and Carlsbad Municipal Code Sections 3.32.025, et seq. Contractor further acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to terminate this Agreement. 12. JURISDICTIONS AND VENUE Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Agreement is the State Superior Court, San Diego County, California. 13. ASSIGNMENT Contractor may assign neither this Agreement nor any part of it, nor any monies due or to become due under it, without the prior written consent of City. 14. AMENDMENTS This Agreement may be amended by mutual consent of City and Contractor. Any amendment will be in writing, signed by both parties, with a statement of estimated changes in charges or time schedule. /I II I/ /I // I/ I/ // // /I City Attorney Approved Version 6/12/18 3 By: ( tl,k2 '14 By: (sign here) MIKE CALD .?P-(9( c)-011— Fire_paief , OOD 15. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California (print name/title) jAQ Aillia1647 ATTEST: By: 49/17/ 77/ (sign here) here) 3ARBARA ENGLESON Vu City Clerk (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation Agreement must be signed by one corporate officer from each of the following two groups: Group A. Group B. Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney By: Dep /Assistant City Attorney City Attorney Approved Version 6/12/18 4 EXHIBIT "A" SCOPE OF SERVICES FailSafe Testing, LLC (Contractor) will provide ground ladder testing and aerial inspections in full compliance with the following National Fire Protection Association (NFPA) Standards. If the requirements change, the current process shall be brought into compliance with the new requirements within one (1) year or as specified by the National Fire Protection Association whichever is shorter. • NFPA 1911 Standard for the Inspection, Maintenance, Testing and Retirement of In- Service Emergency Vehicles, 2017 Edition • NFPA 1932 Standard on Use, Maintenance and Service Testing of In-Service Fire Department Ground Ladders, 2015 Edition All work shall be performed by employees properly trained and certified to provide the services described herein. Services shall include, but not limited to, inspecting and testing per manufacturer's instructions. The City will organize a testing site for all equipment. The City will remove and replace ladders from apparatus and storage for testing. If repairs are necessary, the Contractor will perform basic repairs at the testing site. A non-destructive test will be performed every 5 years on the aerial ladder truck. A report identifying all ladders and results will be provided within seven (7) business days of the services in both hard copy and electronic media formats. PRICING Testing and inspection services shall be billed in accordance with the attached Price List dated October 19, 2020. The Agreement amount shall not exceed ten thousand dollars ($10,000) per Agreement year. City Attorney Approved Version 6/12/18 5 "nk,SAFE INCEIIEEM Price List Aerial Devices: Annual Inspection, testing, and certification per NFPA 1911 $1,100/$1,125 cc Pump Testing $400/425 per app. Ground Ladders: Inspection and testing using per NFPA 1932 $3.05/ft/$3.15 cc Repairs as needed (partial listing) Rungs Replaced $150.00 Wear Sleeves $10.00 Heat Sensors $2.00 Angle & E-Labels $2 each $4 pair Length Labels $2.00 Alum Attic End Cap $35.00 pair Halyard Install $25.00 Rope $2.00 foot Pulley Replaced $100.00 Straighten Ladder $10.00 Clean and tune locks $10.00 Set of rivets replaced $10.00 Prong feet replaced $85.00 $100.00 Roof hooks replaced $150.00 Set of locks $150.00 Cost of repairs can be roughly estimated at 1/2 the cost of testing for the first year, becoming very minimal thereafter. At no additional cost our technicians will go over a preventative maintenance program for your department to follow in order to maximize the life of your ladders. Mobilization and/or setup fees may apply for jobs more than 100 miles from our nearest technician, or under 200 feet. We can provide an estimate as this may change based on the routing of our technicians. 2037 W. Bullard #523 • Fresno, California 93711 650-747-9599 Revjsed 10/19/2020 -- Y ACCIREP0 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Arthur J. Gallagher & Co. Insurance Brokers of CA. 500 North Santa Fe Visalia CA 93292 „ CONTACT NAME: Andrea Burgen PHONE FAX Ext): 559-750-5492 (NC No): 559-750-5442 rtmcA. , r. ADDRESS: andrea_burgen@ajg.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Burlington Insurance Company 23620 INSURED FAILTES-01 FailSafe Testing, LLC 2037 W. Bullard Ave. #253 Fresno CA 93711 INSURER B: Employers Preferred Insurance Company 10346 INSURER C: AXIS Surplus Insurance Company 26620 INSURER D : Nationwide Mutual Insurance Company 23787 INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER: 728103858 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 INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTR TYPE OF INSURANCE ADDL INSD SUBR INVD POUCY NUMBER POLICY EFF (MM/DDNYYY) POUCY EXP _IMM/DD/YYYYL LIMITS A X COMMERCIAL GENERAL LIABILITY Y 788BW59271 8/1/2020 8/1/2021 EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE POLICY OTHER: LIMIT APPLIES PRO- JECT PER: LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 1,000,000 $ D x AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY y 's y " SCHEDULED AUTOS NON-OWNED AUTOS ONLY Y ACP3019592483 12/5/2019 12/5/2020 COMBINED dent)SINGLE LIMIT (Ea acci $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS-MADE HFF0013726 8/1/2020 8/1/2021 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 DED RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIEfORIPARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below YIN N/A EIG290476701 8/1/2020 8/1/2021 PER STATUTE 0TH- ER EL. EACH ACCIDENT $ 1,000,000 EL DISEASE- EA EMPLOYEE $ 1,000,000 EL DISEASE - POLICY LIMIT $ 1,000,000 C Professional Liability ENN602467 8/1/2020 8/1/2021 Per Claim Aggregate 2,000,000 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS! VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Carlsbad, its directors, officials, officers, employees, agents and volunteers are named Additional Insured in respects to General Liability and as required by written contract per attached company form CG2010 0413 The City of Carlsbad, its directors, officials, officers, employees, agents and volunteers are named Additional Insured in respects to Auto Liability as required by written contract per attached company form AC7004 0316. Insurance is Primary and Non-Contributory as respects General Liability per attached company form CG2001 04113 and as respects to Auto Liability per attached form AC 7004 0316. See Attached... CERTIFICATE HOLDER CANCELLATION 1 City of Carlsbad 2560 Orion Way Carlsbad CA 92010 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATIVE @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: FAILTES-01 LOC #: ACC)RD ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY Arthur J. Gallagher & Co. Insurance Brokers of CA. NAMED INSURED FailSafe Testing, LLC 2037 W. Bullard Ave. #253 Fresno CA 93711 POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE • CERTIFICATE OF LIABILITY INSURANCE 30 Day Notice of Cancellation applies as respects General Liability per form IFG10155 11/00 (to Follow) and as respects to Auto Liability per attached form L7002 09/11. ACORD 101 (2008/01) @ 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 788BW59271 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 Any person or organization for whom you are performing operations, but only if you have agreed, in a written contract, to add such person or organization as an additional insured on your policy for that location or part thereof, provided such a written contract is fully executed prior to an "occurrence" in which coverage is sought under this policy. any and all covered locations 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. include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. 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 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. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 29 10 04 13 0 Insurance Services Office, Inc., 2012 Page 1 of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 CD Insurance Services Office, Inc., 2012 CG 20 10 04 13 COMMERCIAL AUTO AC 70 04 03 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO PROTECTION - PLUS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SUMMARY OF COVERAGES A. Effect of This Endorsement B. Temporary Substitute Autos — Physical Damage Coverage C. Employees as Insureds — Nonowned Autos D. Additional Insured by Contract, Permit or Agreement E. Prejudgment Interest Coverage F. Personal Effects and Property of Others Extension G. Expanded Towing Coverage H. Expanded Transortation Expense I. Extra Expense — Stolen Autos J. Emergency Lockout K. Transfer Of Rights Of Recovery Against Others To Us L. Section IV — Business Auto Conditions - Notice of Knowledge of Occurrence AC 70 64 03 16 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 3 with its permission ACP BA 30-1-9592483 L66P 19343 INSURED COPY AC7004031600 0001 47 0017845 AC 70 04 03 16 A. EFFECT OF THIS ENDORSEMENT Coverage provided under this policy is modified by the provisions of this endorsement. If there is any conflict between the provisions of this endorsement and the provision(s) of any state- specific endorsement also attached to this poli- cy, then the provision(s) of the state-specific endorsement shall apply instead of the provi- sions of this endorsement that are in conflict, but only to the extent of the conflict, and only to the extent necessary to bring such provisions into conformance with the state requirement(s) contained in the provision(s) of the state-specific endorsement. B. TEMPORARY SUBSTITUTE AUTOS — PHYSICAL DAMAGE COVERAGE The following is added to paragraph C. Certain Trailers, Mobile Equipment And Temporary Substitute Autos of the — COVERED AUTOS SECTION: If Physical Damage Coverage is provided by this Coverage Form, the following types of vehicles are also covered "autos" for Physi- cal Damage Coverage: Any "auto" you do not own while used with the permission of its owner as a temporary substitute for a covered "auto" you own that is out of service because of its: a. Breakdown; b. Repair; c. Servicing; d. "Loss"; or e. Destruction The coverage that applies is the same as the coverage provided for the vehicle being replaced. C. EMPLOYEES AS INSUREDS — NONOWNED AUTOS The following is added to paragraph A.1. Who Is An Insured of SECTION II— COVERED AUTOS LIABILITY COVERAGE: d. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your per- sonal affairs. D. ADDITIONAL INSURED BY CONTRACT, PERMIT OR AGREEMENT The following is added to A.1. Who Is An Insured of SECTION II — COVERED AUTOS LIABILITY COVERAGE: Any person or organization that you are required to name as an additional insured in a written contract or agreement that is executed rage 2 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission ACP BA 30-1-9592483 L66P 19343 INSURED COPY AC 70 04 03 16 or signed by you prior to a "bodily injury" or "property damage" occurrence is an "insured" for Covered Autos Liability Coverage. However, with respect to covered "autos", such person or organization is an insured only to the extent that person or organization qualifies as an "insured" under Al. Who is an Insured of SECTION II — COVERED AUTOS LIABILITY COVERAGE. If specifically required by the written contract or agreement referenced in the paragraph above, any coverage provided by this en- dorsement to an additional insured shall be primary and any other valid and collectible insurance available to the additional insured shall be non-contributory with this insurance. If the written contract does not require this cov- erage to be primary and the additional in- sured's coverage to be non-contributory, then this insurance will be excess over any other val- id and collectible insurance available to the ad- ditional insured. E. PREJUDGMENT INTEREST COVERAGE The following paragraph is added to SECTION II - COVERED AUTOS LIABILITY COVERAGE, Supplementary Payments under item: (7) Prejudgment interest awarded against the "insured" on that part of the judgment we pay. If we make an offer to pay the appli- cable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. F. PERSONAL EFFECTS AND PROPERTY OF OTHERS EXTENSION 1. The. Care, Custody or Control Exclusion of the SECTION II — COVERED AUTOS LIABILITY COVERAGE, does not apply to "property damage" to property, other than your property, up to an amount not exceed- ing $250 in any one "accident". Coverage is excess over any other valid and collectible insurance. 2. The following paragraph is added to. Cover- age Extensions of SECTION III — PHYSICAL DAMAGE COVERAGE: c. We will pay up to $500 for your property that is lost or damaged as a result of a covered "loss", without applying a de- ductible. Coverage is excess over any other valid and collectible insurance. G. EXPANDED TOWING COVERAGE 1. We will pay up to: a. $100 for a covered "auto" you own of the private passenger type, or AC7004031600 0001 47 0017846 b. $250 for a covered "auto" you own that is not of the private passenger type, for towing and labor costs incurred each time the covered "auto" is disabled. However, the labor must be performed at the place of disablement. 2. This coverage applies only for an "auto" covered on this policy for Comprehensive or Specified Causes of Loss Coverage and Collision Coverages. 3. Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered "auto". H. EXPANDED TRANSPORTATION EXPENSE Paragraph A.4.a. of SECTION III - PHYSICAL DAMAGE COVERAGE SECTION is replaced by the following; We will pay up to $50 per day to a maximum of $1000 for temporary transportation expense in- curred by you because of the total theft of a covered "auto" of the private passenger type. We will only pay for those covered "autos" for which you carry Comprehensive or Specified Causes of Loss Coverage. We will pay for tem- porary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss" I. EXTRA EXPENSE — STOLEN AUTOS The following paragraph is added to Coverage Extensions. of SECTION III — PHYSICAL DAMAGE COVERAGE: c. We will pay for up to $5,000 for the expense of returning a stolen covered "auto" to you. We will pay only for those covered "autos" for which you carry Comprehensive or Spec- ified Causes of Loss Coverage J. EMERGENCY LOCKOUT — PRIVATE PASSENGER VEHICLES We will reimburse you up to $75 for reasonable expense incurred for the services of a locksmith to gain entry into your covered "auto" of the pri- vate passenger type subject to these provisions: 1. Your door key or key entry pad has been lost, stolen or locked in your covered "auto" and you are unable to enter such "auto", or 2. Your key or key entry pad has been lost AC 70 04 03 16 or stolen and you have changed the lock to prevent an unauthorized entry; and 3. Original copies of receipts for services of a locksmith must be provided before reimbursement is payable. K. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: We waive any right of recovery we may have against any person or organization to the extent required of you by a written con- tract executed prior to any "accident" be- cause of payments we make for damages under this coverage form. L NOTICE OF AND KNOWLEDGE OF OCCURRENCE SECTION IV — BUSINESS AUTO CONDITIONS, Paragraph A is amended as follows: 6. NOTICE OF AND KNOWLEDGE OF OCCURRENCE a. Your obligation in the Duties in the Event of Accident, Claim, Suit or Loss Condi- tion relative to notification require- ments applies only when the "accident" or "loss" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, if you are a corporation. b. Your obligation in the. Duties in the Event of Accident, Claim, Suit or Loss Condition relative to providing us with documents concerning a claim or "suit" will not be considered breached unless the breach occurs after such claim or "suit" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, if you are a corporation. AC 70 04 03 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission ACP BA 39-14592483 L66P 19343 INSURED COPY Page 3 of 3 AC7004031600 0001 47 0017847 COMMERCIAL AUTO AC 70 07 03 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM A. EFFECT OF THIS ENDORSEMENT Coverage provided under this policy is modified by the provisions of this endorsement. If there is any conflict between the provisions of this endorsement and the provision(s) of any state- specific endorsement also attached to this policy, then the provision(s) of the state-specific endorsement shall apply instead of the provisions of this endorsement that are in conflict, but only to the extent of the conflict, and only to the extent necessary to bring such provisions into conformance with the state requirement(s) contained in the provision(s) of the state-specific endorsement. B. CHANGES FOR TRAILERS AND FARM EQUIPMENT 1. Under SECTION I - COVERED AUTOS, the following are added to Paragraph C. Certain Trailers, Mobile Equipment and Temporary Substitute Autos: 4. "Trailers" designed to be towed by a pri- vate passenger type "auto" or a pickup, panel truck or van if not used for busi- ness purposes, other than farming or ranching. 5. Farm wagons or farm implements while being towed by a covered "auto". C. CHANGES FOR ADDITIONAL NEWLY ACQUIRED VEHICLES 1. Paragraph B.2 of SECTION I - COVERED AUTOS is replaced by the following: 2. If Symbol 7 is entered next to coverage in Item Two of the Declara- tions, an "auto" you acquire will be a covered "auto" for that coverage only if: a. We already cover at least one "auto" you own for that coverage or it rep- laces an "auto" you previously owned that had that coverage; and b. You tell us within 30 days after you acquire it that you want us to cover it for that coverage. The most we will pay for Physical Damage Coverage for "loss" under this Coverage Ex- tension is $100,000 per "auto", subject to the largest deductible applicable to any "au- to" for that Coverage. D. AUTOS HIRED OR RENTED BY EMPLOYEES If hired or rented "autos" are covered "autos" on this policy, the following provisions apply: A. Changes In Covered Autos Liability Coverage The following is added to the Who Is An Insured Provision in SECTION ll — COVERED AUTOS LIABILITY COVERAGE: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. B. General Conditions Paragraph 5.b. of the Other Insurance Condition in the Business Auto Coverage Form is replaced by the following: For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: 1. Any covered "auto" you lease, hire, rent or borrow; and 2. Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". E. EMERGENCY LOCKOUT-PRIVATE PASSENGER VEHICLES Added in SECTION ll — COVERED AUTOS LIABILITY COVERAGE, A.2 Coverage Extensions: AC 70 07 03 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 4 ACP BA 30-1-9592483 L66P 19343 INSURED COPY AC7007031601 0001 47 0017848 AC 70 07 03 16 We will reimburse you up to $50 for reasonable expense incurred for the services of a locksmith to gain entry into your covered "auto" of the private passenger type subject to these provisions: 1.Your door key or key entry pad has been lost, stolen or locked in your covered "auto" and you are unable to enter such "auto" , or 2.Your key or key entry pad has been lost or stolen and you have changed the lock to prevent an unauthorized entry; and 3.0riginal copies of receipts for services of a locksmith must be provided before reimbursement is payable. F. REPLACED EXCLUSIONS In SECTION II — COVERED AUTOS LIABILITY COVERAGE B.I. Expected or Intended Injury is replaced by the following: "Bodily injury" or "property damage" which is expected or intended by the "insured". This exclusion applies even if the resulting "bodily injury" or "property damage": a. is of a different kind, quality or degree than initially expected or intended; or b. is sustained by a different person, entity, real property, or personal property than that initially expected or intended. G. ADDITIONAL EXCLUSIONS The following exclusions are added to SECTION II — COVERED AUTOS LIABILITY COVERAGE, B. Exclusions: Damage to Named Insured's Property Any claim or "suit" for "property damage" by you or on your behalf against any other person or entity that is also a Named Insured under this policy. Abuse or Molestation "Bodily injury" or "property damage" arising out of: a.The actual or threatened abuse or molestation by anyone or any person while in the care, custody or control of any "insured", or b.The negligent: 1 )Employment; 2)Investigation; 3)Supervision; 4)Reporting to the proper authorities, or failure to so report; or 5)Retention; of a person for whom any "insured" is or ever was legally responsible and whose conduct would be excluded by Paragraph a. above. Abuse means an act which is committed with the intent to cause harm. Explosives "Bodily injury" or "property damage" caused by the explosion of explosives you make, sell or transport. Rolling Stores If a covered "auto" is a rolling store, "bodily injury" or "property damage" resulting from the handling, use or condition of any item the "insured" makes, sells or distributes if the injury or damage occurs after the "insured" has given up possession of the item. Wrong Delivery of Liquid Products "Bodily injury" or "property damage" result- ing from the delivery of any liquid into the wrong receptacle or to the wrong address, or from the delivery of one liquid for another, if the "bodily injury" or "property damage" occurs after the delivery has been completed. Delivery is considered completed even if further service or maintenance work, or correction, repair or replacement is required be- cause of wrong delivery. Professional Services "Bodily injury": a.Resulting from the providing or the failure to provide any medical or other professional services. b.Resulting from food or drink furnished with these services. c. "Bodily injury" or "property damage" resulting from the handling of corpses. H. ACCIDENTAL AIRBAG DISCHARGE COVERAGE Under Paragraph B.3.a. of SECTION III — PHYSICAL DAMAGE COVERAGE the following is added: Mechanical breakdown does not include the accidental discharge of an airbag. I. PHYSICAL DAMAGE LIMIT OF INSURANCE Under SECTION III — PHYSICAL DAMAGE COVERAGE, Paragraph C., Limit of Insurance is replaced by the following: C. Limit Of Insurance 1.The most we will pay for "loss" in any one "accident" is the lesser of: a.The actual cash value of the damaged or stolen property as of the time of the "loss", or b.The cost of repairing or replacing the damaged or stolen property. Page 2 qf 4 ACP BA 30-1-9592483 Includes copyrighted material of Insurance Services Office, Inc., with its permission. AC 70 07 03 16 L66P 19343 INSURED COPY AC7007031601 0001 47 0017849 AC 70 07 03 16 2.$1,000 is the most we will pay for "loss" in any one "accident" to all electronic equipment that reproduces, receives or transmits audio, visual or data signals which, at the time of "loss", is: a.Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the installation of such equipment b.Removable from a permanently installed housing unit as described in Paragraph 2.a. above or is an integral part of that equipment; or c. An integral part of such equipment. 3. An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss". 4.The cost of repairing or replacing may: a. Be based on an estimate which includes parts furnished by the original equipment manufacturer or other sources including non-original equipment manufacturers and b. If a repair or replacement results in better than like kind or quality, we will not pay for the amount of the net improvement. 5. If we offer to pay the actual cash value of the damaged or stolen property, we will value auto advertising wraps, paint customization, and similar business related advertising modifications, in addition to the actual cash value of the property. Auto advertising wraps, paint customization, and similar business related advertising modifications will be valued at the cost to replace them with an adjustment made for depreciation and physical condition. J. GLASS REPAIR —WAIVER OF DEDUCTIBLE Under Paragraph D. Deductible of SECTION III — PHYSICAL DAMAGE COVERAGE , the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. K. MOTOR HOME OR RECREATIONAL VEHICLE CONTENTS NOT COVERED 1. For a covered "auto" that is a motor home the following exclusions are added to the SECTION III — PHYSICAL DAMAGE COVERAGE 2. Motor Home Contents This insurance does not apply to: a."Loss" to the covered "auto's" contents, except equipment usual to trucks or private passenger "autos". b."Loss" to TV antennas, awnings or cabanas. c. "Loss" to equipment designed to create added living facilities. However, these exclusions do not apply if coverage has been added to the policy elsewhere by endorsement. L AMENDED DUTIES IN EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS The requirement in Loss Condition 2.a. Duties In the Event Of Accident, Claim, Suit Or Loss — of Section IV - BUSINESS AUTO CONDIT IONS SECTION that you must notify us of an "accident", "claim", "suit", or "loss" applies only when the "accident", "claim", "suit", or "loss" is known to 1.You, if you are an individual 2. A partner, if you are a partnership; 3. An executive officer or the employee designated by you to give such notice if you are a corporation; or 4. A member, if you are a limited liability company. M. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Section IV - BUSINESS AUTO CONDITIONS SECTION is amended by the addition of the following: If you unintentionally fail to disclose any hazards existing at the inception date of your 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 nonrenewal. N. LIBERALIZATION Paragraph 3 of the General Conditions is replaced by the following: If we adopt any revision that would broaden the coverage underthis policy without additional premium within 60 days prior to or during the policy period, the broadened coverage will immediately apply to this policy. AC 70 07 03 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 4 ACP BA 30-1.9592443 L66P 19343 INSURED COPY AC7007031601 0001 47 0017850 AC 70 07 03 16 0. SECTION V — DEFINITIONS of the BUSINESS AUTO COVERAGE FORM is amended as follows: The definition of "bodily injury" is replaced by the following: "Bodily Injury" means bodily injury, sickness or disease sustained by any person, including mental anguish and death resulting from any of these. Page 4 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. AC 70 07 03 16 ACP BA 30-1-9592483 L66P 19343 INSURED COPY AC7007031601 0001 47 0017851 COMMERCIAL GENERAL LIABILITY CG 20 01 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. CG 20 01 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 IL 70 02 09 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADVANCE NOTICE OF CANCELLATION, NONRENEWAL OR COVERAGE REDUCTION OR RESTRICTION PROVIDED BY US This endorsement modifies insurance provided under the following: COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL CRIME COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART COMMERCIAL UMBRELLA LIABILITY POLICY FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART MERCANTILE UMBRELLA LIABILITY POLICY SCHEDULE Person(s) or Organization(s) Address CITY OF CARLSBAD 2560 ORION WAY CARLSBAD, CA 92010 Number of Days Notice 30 If this policy is cancelled (other than nonpayment of premium) or nonrenewed or if the coverage provided by this policy is reduced or restricted (except for any reduction in the Limits of Insurance due to claims payments), we will provide written notice to the person(s) or organization(s) listed in the Schedule. We will provide this notice by mail 30 days in advance of any policy cancellation, nonrenewal or coverage reduc- tion or restriction or as indicated in the Number of Days Notice in the Schedule. All terms and conditions of this policy apply unless modified by this endorsement. IL 70 02 09 11 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with its permission. ACP BA 30-1-9592483 L66P 19343 INSURED COPY 1L7002091100 0242 47 0017923