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HomeMy WebLinkAbout2010 CON CEPA Operations - First Amendment NCPD Property & Evidence Lab Fume HoodFIRST AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND CEPA OPERATIONS, INC. This First Amendment to Agreement is entered into this 1 st day of July 2011, by and between the City of National City, a municipal corporation (the "CITY"), and CEPA Operations Inc. (the "CONTRACTOR"). RECITALS A. The CITY and the CONSULTANT entered into an Agreement on July 1, 2010 ("the Agreement"), wherein the CONSULTANT agreed to provide annual testing and certification for the Fume Hood and for the installation of an air -flow monitor in the Police Department's Property and Evidence Lab for the period of July 1, 2010 through June30,2011. B. The Agreement provided an option to extend the term of the Agreement for one-year, with up to three extensions. C. The parties desire to exercise the option to extend the Agreement for the first of the three one-year extensions by extending the term of the Agreement for one additional year, beginning July 1, 2011 and expiring on June 30, 2012. D. The parties desire to reduce the Description of Services to remove the air -flow monitor, installation that was performed last year, as stated in the attached Exhibit "A". NOW, THEREFORE, the parties hereto agree that the Agreement entered into on July 1, 2010, shall be amended as follows: 1. The term of the Agreement dated July 1, 2010, is extended for an additional one-year term to provide annual testing and certification for the Fume Hood located in the Police Department's Property and Evidence Lab for the period of July 1, 2011 through June 30, 2012, for an amount not to exceed $155. 2. The Description of Services in Section 1 of the Agreement for this one-year extension is amended to read as follows: CONTRACTOR shall provide yearly annual testing and certification for the Fume Hood located in the Police Department's Property and Evidence Lab. 3. The parties further agree that with the foregoing exceptions, each and every term and provision of the Agreement dated July 1, 2010, shall remain in full force and effect. --- Signature Page to Follow --- IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first above written. CITY OF NATIONAL CITY AP ' OVED AS TO FORM: Clara G. Silv,�, Esq. City Attorne,, First Amendment CEPA OPE (Signatures of Iwo By: (Title) /- (Print) (Title) IONS, IN orate o - 2 - Between City of National City and CEPA Operations, Inc. May 20, 2011 National City Police Isela Cabrales, The following is price for the annual test and certification of your Fumehood : lea- Test/cert $135.00 Trip Charge $20.00 These prices are quoted with the intent that the work will be performed during normal working hours (8am to 5pm, Monday through Friday). Please sign below and return (via fax or email) this quote and/or poi# as proof of acceptance so we can process your order. Let me know if you have any questions. Sincerely, Lesley J.Vaughn Service Coordinator Ivaughn(cepatest.com Customer signature: Print name: / V%/j/(f .0 Date: 9 S -%% F7 ► 2 • 1939 S. Lake EXHIBIT "A" ACORDM CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 6/10/2011 PRODUCER GERALD B HIER INSURANCE AGENCY 239 N. Euclid Avenue Upland, CA 91786 (800) 300-1922 INSURED Cepa Company 1939 S. Lake Place Ontario, CA 91761-5795 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURERA: Truck Insurance Exchange NAIC# 21709 INSURER B: Mid -Century Insurance Company 21687 INSURER C: INSURER D. INSURER E: 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR WD•l NSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE(MMIDDIYYI POLICY EXPIRATION DATE(MM/DD/YY) LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE ICJ HEN I CO PREMISES (Ea accurence) $ CLAIMSMADE OCCUR $ MED EXP (Any ane person) PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ POLICY n PRO n LOC JECT B X AUTOMOBILE LIABILITY ANYAUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 60501-29-98 05/28/11 05/28/12 COMBINED SINGLE LIMIT (Ea accident) $ 2,000,000 BODILY INJURY (Per person) $ X X BODILY INJURY (Peraccidenl) $ X PROPERTY DAMAGE (Peraccident) $ GARAGE LIABILITY ANYAUTO AUTO ONLY• EA ACCIDENT $ EA ACC OTHER THAN $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR [I CLAIMS MADE AGGREGATE $ DEDUCTIBLE RETENTION $ $ $ $ A WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNER/EXECUTIVE• OFFICERR.AEMBER EXCLUDED? Ifve deL PROVnd r below IfyyeCragVI O A0931-43-77 01/01/11 01/01/12 X TORYVVC LIMITS DER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1 , 000 , 000 E.L. DISEASE -POLICY LIMIT $ 1 000 000 r OTHER DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS City of National City is named as additional insured CERTIFICATE HOLDER CANCELLATION City of National City Attn: Finance Dept/Purchasing Div 1243 National City Blvd National City, CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL3O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACO RD25 (2001108) ©ACORD EORPORATION 1988 POLICY NUMBER: 605012998 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi- sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below. Endorsement Effective: 05/28/2011 Countersigned By: (Authorized Representative) Named Insured: CEPA CO SCHEDULE Name of Person(s) or Organization(s): City of National City (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. • CA20480299 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 0 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD25(2001108) ACORDCERTIFICATE OF LIABILITY INSURANCE PRODUCER LIC #0551220 Goodman Insurance Services 114 Pacifica, Suite 430 Irvine, CA 92618 Justin Goodman 1-949-769-3108 INSURED CEPA Operations, Inc. 1939 S. Lake Place Ontario, CA 91761 THIS CERTIFICATE IS ISSUED AS A ONLY AND CONFERS NO RIGHTS HOLDER. THIS CERTIFICATE DOES ALTER THE COVERAGE AFFORDED DATE (MM/DD/YYYY) 05/26/2011 MATTER OF INFORMATION UPON THE CERTIFICATE NOT AMEND, EXTEND OR BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURER A: SCOTTSDALE INS CO 41297 INSURER B INSURER C. INSURER D. INSURER E: COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD'L NSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE IMM/DD/YYI POLICY EXPIRATION DATE(MM/DDIYY) LIMITS A X GENERALLIABIUTY COMMERCIAL GENERAL LIABILITY BCS0023799 01/01/11 01/01/12 EACH OCCURRENCE $1,000,000 X DAMAGE10 REN ftD PREMISES (Ea occurence) $ 5, 000 1 CLAIMS MADE I X I OCCUR MEDEXP (Anyone person) $50, 000 GEN'L 7 PERSONAL& AOV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 AGGREGATE�LIMIT APPLIES PER: POLICY A I jE LOC PRODUCTS - COMP/OP AGG $2,000,000 X AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS S BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO .. .. AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA 1 LIABILITY OCCUR I I CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ AGGREGATE $ $ $ WORKERS COMPENSATION AND EMPLOYERS'UABILITY ANY PROPRIETORIPARTN]EXECUTIVE ER OFFICER/MENDER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below WC STATLL OTH- TORYDMID ER E.L. EACH ACCIDENT $ EL. DISEASE - EA EMPLOYEE $ E.L. DISEASE- POLICY UM IT $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROMS ONS The certificate holder(s) are named additional insured per the attached forms CG 2010 10 01 and CG 2037 10 01, primary and non-contributory wording VE 03 58 11 08 attached, GL waiver CG 24 04 10 93 attached, where required by written contract, with regards to the following project: City of National City Attn: Finance Dept/Purchasing Div 1243 National City Blvd National City, CA 91950 USA ACORD 25 (2001/08) mandersonl 21387559 CANCELLATION 10 Days Notice for Non -Payment of Premium SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE/{/^may t% ©ACORD CORPORATION 1988 SCOTTSDALE INSURANCE COMPANY® ENDORSEMENT NO. ATTACHED TO AND FORMING A PART OF POUCY NUMBER ENDORSEMENT EFFECTIVE DATE (77;0I A.M. STANDARD TIME} NAMED INSURED AGENT NO. BCS0023799 01/01/11 CEPA Operations, Inc. dba CEPA Company THIS ENDORSEMENT CHANGES THE "POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS SPECIAL CONDITION For coverage provided in the following endorsements as indicated by an "x" in the box below: o Additional Insured —Owners, Lessees Or Contractors —Scheduled Person Or Organization (CG 20 10). X Additional Insured —Owners, Lessees Or Contractors —Automatic Status When Required In Construction Agreement With You (CG 20 33). X Additional Insured —Owners, Lessees Or Contractors —Completed Operations (CG 20 37). The insurance provided is amended to be (indicated by an "x" in one box below): X Primary and noncontributory. o Primary. o Noncontributory. ❑ If this box is checked, this endorsement applies only to the following additional insured(s): ORIZED REPRESENTATIVE DATE // GLS-294s (3.10) Page 1 of 1 Policy Number: VCGP018060 Insured Name:CEPA OPERATIONS, INC. Number: 26 CG 203710 01 Effective Date: 01/01/2010 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 Person or Organization: AS REQUIRED BY WRITTEN CONTRACT Location And Description of Completed Operations: COMMERCIAL PROJECTS ONLY, INCLUDING APARTMENTS Additional Premium:0.00 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section II — Who is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" at the location designated and described in the schedule of this endorsement performed for that insured and included in the "products -completed operations hazard". CG 2037 10 01 Page 1 of 1 ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DO/YYYY) 07/07/2011 PRODUCER LIC #0551220 Goodman Insurance Services 114 Pacifica, Suite 430 Irvine, CA 92618 Justin Goodman 1-949-769-3108 THIS CERTIFICATE IS ISSUED AS A ONLY AND CONFERS NO RIGHTS HOLDER. THIS CERTIFICATE DOES ALTER THE COVERAGE AFFORDED MATTER OF INFORMATION UPON THE CERTIFICATE NOT AMEND, EXTEND OR BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED CEPA Operations, Inc. 1939 S. Lake Place Ontario, CA 91761 INSURER A: SCOTTSDALE INS CO 41297 INSURERB:PEERLESS INS CO 24198 INSURER C. INSURER D. INSURER E: COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD NSRD TYPE OFINSURANCE POLICY NUMBER POLICY EFFECTIVE DATE IMMIDDIYYI POLICY EXPIRATION DATE(MMIDONY1 LIMITS A X GENERALLIABILITY X COMMERCIAL GENERALLIABIUTY BCS0023799 01/01/11 01/01/12 EACH OCCURRENCE $1,000,000 DAMAGE D PREMSETOREcwErence) $5,000 CLAIMS MADE X OCCUR MED EXP (Any one person) $50,000 GEN'L PERSONAL BADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 AGGREGATE LIMIT APPLIES PER POLICY 1 ~ LOC PRODUCTS-COMP/OPAGG $ 2,000,000 B X AUTOMOBILE X X X LIABILITY BA3643834 05/2B/10 05/28/11 COMBINED SINGLE LIMIT (Ea accident) $1 ,D00, 000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per ecciden) $ GARAGE LIABILITY ANY AUTO _.. AUTO ONLY- EA ACCIDENT $ OTHER THAN EA ACC $ _AUTO.ONLY AGG.:_ EXCESS/UMBRELLA LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ AGGREGATE $ $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? Byes, descdbe under SPECIAL PROVISIONS below I O TWC STATD- ORYLIMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE -EA EMPLOYEE $ E.L. DISEASE- POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS The certificate holder(s) are named additional insured per the attached form CG 2010 10 01, primary and non-contributory wording VE 03 58 11 08 attached, and AUTO additional insured with waiver GECA 701 01 07 attached, as required by written contract. City of National City Attn: City Attorney's Office 1243 National City Blvd National City, CA 91950 USA CANCELLATION 10 Days Notice for Non -Payment of Premium SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25 (2001/08) jgoodman 22210129 ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) COMMERCIAL GENERAL LIABILITY CG 20 33 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to include as an insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability aris- ing out of your ongoing operations performed for that insured. A person's or organization's status as an insured under this endorsement ends when your operations for that insured are completed. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: 2. Exclusions This insurance does not apply to: a. "Bodily injury", "property damage" or "per- sonal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- ders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities. CEPA Operations, Inc. Policy # BCS0023799 b. "Bodily injury" or "property damage" occur- ring 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 addi- tional insured(s) at the site of the cov- ered 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 contrac- tor or subcontractor engaged in perform- ing operations for a principal as a part of the same project. CG 20 33 10 01 © ISO Properties, Inc., 2000 Page 1 of 1 0 Jk SCOTTSDALE INSURANCE COMPANY° ENDORSEMENT NO ATTACHED TO AND FORMING A PART OF POUCY NUMBER ENDORSEMENT EFFECTIVE DATE (TyAl A.M. STANDARD TIME) NAMED INSURED AGENT N0. 13CS0023799 01/01/11 CEPA Operations, lnc. dba CEPA Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS SPECIAL CONDITION For coverage provided in the following endorsements as indicated by an "x" in the box below: o Additional Insured —Owners, Lessees Or Contractors —Scheduled Person Or Organization (CG 20 10). X Additional Insured —Owners, Lessees Or Contractors —Automatic Status When Required In Construction Agreement With You (CG 20 33). X Additional Insured —Owners, Lessees Or Contractors —Completed Operations (CG 20 37). The insurance provided is amended to be (indicated by an "x" in one box below): X Primary and noncontributory. o Primary. o Noncontributory, 0 If this box is checked, this endorsement applies only to the following additional insured(s): Al1THORIZED REPRESENTATIVE DA GLS-294s (3-10) Page 1 of 1 COMMERCIAL AUTO GOLD ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SECTION II - LIABILITY COVERAGE A. COVERAGE 1. WHO IS AN INSURED The following is added: d. Any organization, other than a partnership or joint venture, over which you maintain ownership or a majority interest on the effective date of this Coverage Form, if there is no similar insurance available to that organization. e. Any organization you newly acquire or form other than a partnership or joint venture, and over which you maintain ownership of a majority interest. However, coverage under this provision does not apply: (1) If there is similar insurance or a self -insured retention plan available to that organization; or (2) To "bodily injury" or "property damage" that occurred before you acquired or formed the organization. f. Any volunteer or employee of yours while using a covered "auto" you do not own, hire or borrow, in your business or your personal affairs. Insurance provided by this endorsement is excess over any other insurance available to any volunteer or employee. g. Any person, organization, trustee, estate or governmental entity with respect to the operation, maintenance or use of a covered "auto" by an insured, if: (1) You are obligated to add that person, organization, trustee, estate or governmental entity as an additional insured to this policy by: (a) an expressed provision of an "insured contract", or written agreement; or (b) an expressed condition of a written permit issued to you by a governmental or public authority. (2) The "bodily injury" or "property damage" is 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. GECA 701 (01/07) Includes copyrighted material of Insurance Services Offices, Inc. with its permission Page 1 of 4 2. COVERAGE EXTENSIONS a. Supplementary Payments. Subparagraphs (2) and (4) are amended as follows: (2) Up to $2500 for 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 actual loss of earning up to $500 a day because of time off from work. SECTION III - PHYSICAL DAMAGE COVERAGE A. COVERAGE The following is added: 5. Hired Auto Physical Damage a. Any "auto" you lease, hire, rent or borrow from someone other than your employees or partners or members of their household is a covered "auto" for each of your physical damage coverages. b. The most we will pay for "loss" in any one "accident" is the smallest of: (1) $50,000 (2) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (3) The cost ofrepairingor_replacing the damaged or stolen property with other property oflike kind and quality. If you are liable for the "accident", we will also pay up to $500 per "accident" for the actual loss of use to the owner of the covered "auto". c. Our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by an amount that is equal to the amount of the largest deductible shown for any owned "auto" for that coverage. However, any Comprehensive Coverage deductible shown in the Declarations does not apply to "loss" caused by fire or lightning. d. For this coverage, the insurance provided is primary for any covered "auto" you hire without a driver and excess over any other collectible insurance for any covered "auto" that you hire with a driver. 6. Rental Reimbursement Coverage We will pay up to $75 per day for up to 30 days, for rental reimbursement expenses incurred by you for the rental of an "auto" because of "loss" to a covered "auto". Rental Reimbursement will be based on the rental of a comparable vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for a period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your materials and equipment from the covered "auto". GECA 701(01/07) Includes copyrighted material of Insurance Services Offices, Inc. with its permission Page 2 of 4 If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under paragraph 4. Coverage Extension. 7. Lease Gap Coverage If a long-term leased "auto" is a covered "auto" and the lessor is named as an Additional Insured - Lessor, In the event of a total loss, we will pay your additional legal obligation to the lessor for any difference between the actual cash value of the "auto" at the time of the loss and the "outstanding balance" of the lease. "Outstanding balance" means the amount you owe on the lease at the time of loss less any amounts representing taxes; overdue payments; penalties, interest or charges resulting from overdue payments; additional mileage charges; excess wear and tear charges; and lease termination fees. B. EXCLUSIONS The following is added to Paragraph 3 The exclusion for "loss" caused by or resulting from mechanical or electrical breakdown does not apply to the accidental discharge of an airbag. Paragraph 4 is replaced with the following: 4. We will not pay for "loss" to any of the following: a. Tapes, records, disks or other similar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment. b. Equipment designed or used for the detection or location of radar. c. Any electronic equipment that receives or transmits audio, visual or data. signals. Exclusion 4.c does not apply to: (1) Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is permanently installed in the covered "auto" at the time of the "loss" and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto"; or (2) Any other electronic equipment that is: (a) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's"operating system; or (b) An integral part of the same unit housing any sound reproducing equipment described in (1) above and permanently installed in the opening of the dash or console of the covered "auto" normally used by the manufacturer for installation of a radio. D. DEDUCTIBLE The following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. GECA 701(01/07) Includes copyrighted material of Insurance Services Offices, Inc. with its permission Page 3 of 4 SECTION IV. BUSINESS AUTO CONDITIONS A. LOSS CONDITIONS Item 2.a. and b. are replaced with: 2. Duties In The Event of Accident, Claim, Suit, or Loss a. You must promptly notify us. Your duty to promptly notify us is effective when any of your executive officers, partners, members, or legal representatives is aware of the accident, claim, "suit", or loss. Knowledge of an accident, claim, "suit", or loss, by other employee(s) does not imply you also have such knowledge. b. To the extent possible, notice to us should include: (1) How, when and where the accident or loss took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the accident or loss. The following is added to 5. We waive any right of recovery we may have against any additional insured under Coverage A. 1. Who Is An Insured g., but only as respects loss arising out of the operation, maintenance or use of a covered "auto" pursuant to the provisions of the "insured contract", written agreement, or permit. B. GENERAL CONDITIONS 9. is added 9. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Your unintentional failure to disclose any hazards existing at the effective date of your policy will not prejudice the coverage afforded. However, we have the right to collect additional premium for any such hazard. COMMON POLICY CONDITIONS 2.b. is replaced by the following: b. 60 days before the effective date of cancellation if we cancel for any other reason. GECA 701 (01/07) Includes copyrighted material of Insurance Services Offices, Inc. with its permission Page 4 of 4