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HomeMy WebLinkAbout2015 CON Brian Cox Mechanical - HVAC ServiceSHORT FORM SERVICES AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND BRIAN COX MECHANICAL, INC. THIS AGREEMENT is entered into this 1st day of July, 2015, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Brian Cox Mechanical INC. (the "CONTRACTOR"). NOW, THEREFORE, CITY agrees to engage CONTRACTOR to perform the services set forth herein in accordance with the following terms and conditions: 1. Description of Services. CONTRACTOR shall provide City -Wide on -site HVAC P.M., service, replacement and repairs as -needed for our fiscal year ending June 30, 2016, and as directed by Rick Hernandez, the City's Facilities Maintenance Supervisor 2. Length of Agreement. The duration of this agreement is through June 30, 2016. 3. Compensation. The total compensation to CONTRACTOR for providing the services set forth herein shall not exceed an annual total cost of $5,000.00. The compensation for CONTRACTOR'S work shall be based upon and not exceed the rates given in Exhibit "A" (the labor rates) without prior written authorization from CITY. 4. Payment Schedule. CITY will make payment within thirty (30) days of receiving and approving a billing statement for the satisfactorily completed services of CONTRACTOR. 5. Termination. CITY may terminate this Agreement at any time by providing a one (1) day written notice to CONTRACTOR. 6. Independent Contractor. It is agreed that CONTRACTOR is an independent Contractor, and all persons working for or under the direction of CONTRACTOR are CONTRACTOR'S agents, servants and employees, and said persons shall not be deemed agents, servants, or employees of CITY. 7. Insurance. CONTRACTOR shall obtain: A. 7 If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). C. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONTRACTOR'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and workers' compensation policies, shall name the CITY and its officers, agents and employees as additional insureds, and separate additional insured endorsements shall be provided. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. H. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. I. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with, and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. J. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. K. Insurance certificates must specify certificate holder as: City of National City ATTN: Risk Manager 1243 National City Blvd National City, CA 91950-4301 8. Hold Harmless. CONTRACTOR shall defend, indemnify, and hold CITY, its Officers, employees, and agents harmless from any liability for damage or claims of same, including but not limited to personal injury, property damage and death, which may arise from CONTRACTOR, or CONTRACTOR'S subcontractors, agents or employees' operations under this Agreement. CITY shall cooperate reasonably in the defense of any action, and CONTRACTOR shall employ competent counsel, reasonably acceptable to the City Attorney. 9. Acceptability of Work. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance, and/or the compensation payable to the CONTRACTOR. 10. Business License. CONTRACTOR must possess or shall obtain business license from National City Finance Department before beginning work. Revised August 2014 11. Miscellaneous Provisions. A. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. B. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. C. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. D. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. E. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. F. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. G. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. The CONTRACTOR shall comply with all laws, including federal, state, and local laws, whether now in force or subsequently enacted. H. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent, or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. I. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. J. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, this Agreement is executed by CITY and by CONTRACTOR on the date and year first above written. Revised August 2014 3 CITY OF NATIONAL CITY By��ol Le. A Leslie Deese, City Manager audia Gacitu City Atto ey TO FORM: CONTACT INFORMATION CITY OF NATIONAL CITY 1243 National City Boulevard National City, CA 91950-4301 Phone: (619)336- 4585 Fax: (619)336-4397 Contact: Rick Hernandez Title: Facilities Supervisor Dep.: Public Works Email: rickh@nationalcityca.gov BRIAN COX MECHANICAL, INC. (Corporation — signatures of two corporate officers required) (Partnership — one signature) (Sole proprietorship — one signature) By: i (Name) 1✓<< /I---� Ca. X By: (Print) pr tsl Dom_ (Title) (Name) eprt (a (Print) S (Title) BRIAN COX MECHANICAL, INC. Complete Address: 12155 Kirkham Road Poway, CA 92064 Phone: 1-858-679-5757 Fax: 1-858-679-1888 Contact: Brian Cox Title: President Email: bcox@briancoxmechanical.com Taxpayer I.D. No330728075 Revised August 2014 4 BRAN COX Date: 06/23/15 Current contract labor rates for City of National City: $ 90.00 per hour regular time Monday -Friday 8AM — 5PM $ 135.00 per hour overtime/after hours $180.00 per hour for Sunday or Holidays 12155 Kirkham Road Poway, CA 92064 (858) 679-5757 Fax (858) 679-1888 CA LIC #557383 " Da311- Client#: 22203 BRIACOXM ACORDn CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDNYYY) 9130/2014 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 1NSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: It the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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 Barney & Barney P.O. Box 85638 CA License #0H18131 San Diego, CA 92122 CONTACT NAME: Doug Shea sal rho EXqFAX ; 858 457-3414 (NC, �), (858) 452-7530 EJAAIL doug.shea@bameyandbarney.com _ADOPESS: 9 @barneyandbarney.Gom INSURER(S) AFFORDING COVERAGE NAIL # INSURER A: Associated Industries Insurance 23140 INSURED Brian Cox Mechanical, Inc. BCM Customer Service 12155 Kirkham Road Poway, CA 92064 INSURER a 1 Zurich American Insurance Compa 16535 INSURER c: National Surety Corporation 21881 INSURER D INSURER E INSURER F : • 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 INSIV SUER yyyp POLICY NUMBER POLICY EFF (MINOD1YYYY) 10101/2014110/01/201 POLICY EXP (MM/DD/YYYY) 1 ! LIMITS A GENERAL i( LIABILITY COMMERCIAL GENERAL LABILITY AES103173300 EACH OCCURRENCE $1,000L000 MTp RETE rAEAISG%S (Ea oNccurrDence) $550,000 CLAIMS -MADE X OCCUR MED EXP (Allyone person) $5,000 PERSONAL & ADV INJURY • $ 1,000,000 _a GENERAL AGGREGATE $2,000,000 GEM. AGGREGATE LIMIT APPLIES PER POLICY X !ICI': 1-1 LOC PRODUCTS - COMP/OP AGG $2,000,000 $ AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED r_, f SCHEDULED MXX80958802 10/01/2014 10I0112015 (tO ec©ciaNdeDISiNOLE LIMIT $1A00,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ B UMBRELLA LIAR EXCESS UAB _ OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENT ON $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETORJPARTNER/EXECUTIVE�_ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A WCd50354202 10101/201d 10/01/201 X WC STATU- TORYI IMITfi OTH- ER E.L. EACH ACCIDENT $1,000r000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE -POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES (Attach AGGRO 101, Additional Remarks Schedule, If more space is required) Proof of coverage. CERTIFICATE HOLDER CANCELLATION City of National City 1200 National City Blvd National City, CA 91950-0000 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 ©1985.2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #51706871M168419 MITK Client#: 22203 BRIACOXM ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDlYYYY) 9/30/2014 THIS CERTIFICATE 1S 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 be endorsed. If SUBROGATION IS WAIVED, subject to the terns 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 Barney & Barney P.O. Box 85638 CA License #0H 18131 San Diego, CA 92122 NAMEACT Doug Shea PO,No, Ex): 858 457-3414 rFX, No), (858) 452-7530 E-MAIL dou shea//��'�barne andbarne com ADQRESS: g V Y Y INSURER(S) AFFORDING COVERAGE NAIC INSURER A: Associated Industries Insurance 23140 INSURED Brian Cox Mechanical, Inc. BCM Customer Service 12155 Kirkham Road Poway, CA 92064 INSURER B : Zurich American Insurance Compa 16535 National Suretyration INSURER c CorprP INSURER D ; 21881 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 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 ADDLSUBR WVp.. X _-_ POLICY NUMBER �_.. AES103173300 POLICY EFF (MM/PD/YYYY) 10l01/2014 POLICY EXP (MMIPOIYYYT)_ 10/01/2015 LIMITS EACH OCCURRENCE $1,000,000 A GENERAL X __LNSR LIABILITY COMMERCIAL GENERAL LIABILITY X PREM SE SgEaEoNccrrrrence) $ 50,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 5,000 PERSONAL 8 ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 G EN'L AGGREGATE 1 POLICY . X LIMIT APPLIES PER: EP Cf �...1 LOC PRODUCTS • COMP/OP AGG $ 2,000,000 $ C AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS - SCHEDULED AUTOS NON -OWNED AUTOS X X MXX80958802 10/01/2014 10101/2015 (�L NdEonfl GLELIMIT $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ UMBRELLA LIAR EXCESS LAAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ B _` WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N NIA WC450354202 10/01/2014 10/01/201 X TOSTT IAIMls ER E.L. EACH ACCIDENT $1,000,000 :- EL DISEASE - EA EMPLOYEE $1y000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS f LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, N more apace a required) RE: Operations of the Named Insured. Waiver of Subrogation with respect to Workers Compensation per attached poi cy. CERTIFICATE HOLDER CANCELLATION City of National City Attn: MIS 1243 National City Blvd. National City, CA 91950-0000 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 ACORD 25 (2010/05) 1 of 1 #5170301/M168479 ©19B8-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD MITK INSURED: Brien Cox Mechanical, Inc. POLICY #: AES103173300 POLICY PERIOD: 1olo1no14 TO 10/01 /2015 COMMERCIAL GENERAL LIABILITY NX GL 009 08 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTING INSURANCE (THIRD -PARTY} This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Third Party: As required by written contract (Absence of a specifically named Third Party above means that the provisions of this endorsement apply as required by written contractual agreement with any Third Party for whom you are perfonning work.) Paragraph 4. of SECTION IV. COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced by the following: 4. Other Insurance: With respect to the Third Party shown above, this insurance is primary and non-contributing, Any and all other valid and collectable Insurance available to such Third Party in respect of work performed by you under written contractual agreements with said Third Party for loss covered by this policy, shall in no instance be considered as primary, co-insurance, or contributing insurance. Rather, any such other insurance shall be considered excess over and above the insurance provided by this policy. NXGL0090809 Pagel oft Includes copyrighted material of Insurance Services Office, Inc., with its permission INSURED: Brian Cox Mechanical, Inc. POLICY #: WC450354202 POLICY PERIOD: 10/01/2014 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY TO 10/01/2015 WC040306 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT— CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named In the Schedule. (This agreement applies only to the extent that you perform work tinder 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 2 % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER. AS DESIGNATED IN WRITTEN CONTRACT WITH THE NAMED INSURED Notes: 1, This endorsement may be used to waive the company's right of subrogation against named third parties who may be responsible for an injury. 2. The sentence in ( ) is optional with the company. It limits the endorsement to apply only to specific lobs of the insured. and only to the extent that the insured is required to obtain this waiver. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. be 1998 by the Workers' Compensation Insurance Rating Bureau of California. Alt rights reserved. From the WCIRB's California Workers' Compensation insurance Forms Manual ti )2001. INSURED: Brian Cox Mechanical, Inc. POLICY #: MXX80958802 POLICY PERIOD: 10/01/2014 TO 10/01/2015 FleetCover® Endorsement - CA.. 70 18 03 10 Policy Anendincntt(s) Commercial Business Auto Coverage Form - Motor Carrier Coverage Form A. Broadened Named Insured Section II - Liability Coverage, A. Coverage, 1, Who Is An Insured, the following is added: Any organization you own on the insertion of this policy, or newly acquire or form during the policy period, and over which you maintain during tic policy period, majority ownership or majority in- terest will qualify es a Named Insured if; (1) "There is no other similar insurance availcble to that organization; and (2) The first Named Insured shown in the Dec- larations of this policy has the responsibility of placing insurance for that organization; and (3) The organization is incorporated or organized under the laws of the United States of Amer- ica. However; (a) Coverage under this provision is afforded only until the next occurring 12 month anniversary of the beginning of the policy perioe shown in the Declarations, or the cnd of the policy period, whichever is earlier; and Coverage under this provision does not apply to bodily injury or property damage that re- sults from an accident that occurred before you acquired or famed the organization; and No person or organization is an insured with respect to any current or past partnership, or joint venture that is not shown as a Named Insured in the Declarations; and (d) Coverage under A.(I), (2) and (3) above does not apply to any organization that is covered (b) (c) as an insured under any other automobile li- ability insurance policy whose limits of'insur- ancc have heen extatust4d or whose insurer has become insolvoat. B. Broadened Who Is an Insured 1, Form CA0001 (if attached to this policy), Section II - Liability Coverage, 1. Who Is An insurer!, item b(2) is deleted, and d, is added as follows: d, Your employee while using with your permission his owned auto, or an auto owned by a member of his or her house- hold, in your business or your personal a1Thirs, provided you do not own, hire or hollow that auto. 2. Form CAOO2O (if attached to this policy), Section 1t - Liability Coverage, 1. Whn fs An :mired, item b.(2) is deleted, and f. is added as follows! C. Your employee or agent while using with your permission his owned private pas- senger type auto, or a private passenger type auto owned by a member of his or her household, in your business or per- sonal affairs, provided you do not own, hire, or borrow that auto. C, Additional Insured Coverage and Waiver of Subrogation 1. Form CA0001 (if attached to this policy), Section 11 - Liability Coverage, 1. Who Is An Insured; the following is added as item e.; and form CA0020 (if attached to this policy), Section It - Liability Coverage, 1. Who Is An Insured: the following is added as item g.: This Fonts must be attached to Change) ntiorsernsnt when issued after the policy is ,+riven. One of the Firemen's Fund Insurance Companies a$ named in the pali,:y Secretary CA7018 3.10 President Page 1 of 7 Any person or organization with respect to the operation, maintenance, or use, of a cov- ered auto, provided that you and such person or organization have agreed under an ex- pressed provision in a written insured contract or written ago ement, or a written genet is- sued to you by a governmental or public au- thority, to add such person, organization, or governmental or public authority to this pol- icy as an insured However, such person or organization is an insured (1) Only with respect to the operation, maintenance or use, of a covered auto. and (2) Only for bodily injary or property dam- age caused by an accident which takes place after: (a) You executed the insured contract Ur written agreement; or (b) The permit has been issued to yot. Form CA0001 (if attached to this policy), Section TV - Rosiness Auto Conditions, A. Loss Conditions, item 5.; and form CA0020 (if attached to this policy), Section V - Motor Carrier Conditions, A. Loss Conditions, item 6.; the following is added; Waiver of Subrogation If required by a. a. Written insured contract or written agreement executed pror to the accident; or b, Written permit issued to you by a gov- ernmental or public authority prior to the accident; we waive any right of recovery we may have against any person or organisation named in such contract, agreement or pciini, because of payments we make for injury or damage arising out of the ownership, maintenance or use of a covered auto. D. Auto Medical Payments - increased Limit For each covered auto described itt the Declara- tions or shown in the Schedule as having Auto care to 3.10 Ivfcelical Payments Coverage, the Medical Pay- ments Limn of insurance for those autos is revised to the greater of: 1. S5,000; or 2. The limit shown in the Declarations F.. Hired Auto Pity teat Damage Coverage and Loss of Use Expenses Hired Auto Physical Damage Coverage If Physical Damage Coverage is provided by this poky on your owned covered autos, the following applies: Any auto that you lease, hire, rent or borrow without a driver, will be covered under this policy for Pl.ysi:al Damage Coverage, However any such auto: t. Will be covered only for the same Physical Datnage Coverage that applies to your owned covered autos; 2. `tVi1l be subject to the same applicable deductible shown in the Declarations that applies to your most similar owned covered auto, except any Comprehensive Coverage deductible does not apply to loss caused by Tire or lightning; and 3. The must we will pay for any one loss in any one accident is the lesser of the following: u. Aetua cash value of the damaged or stolen property as of the time of the Toss as determined by us; or b. The cost of repairing or replacing the damaged or stolen property with other prvperty of like kind and cuality. in nddition, we will pay costs and fees ais.soeiated with such covered toss only for a maximum time period of seven days beginning with the date of loss, subject to a maximum of S500. However: i, if form CA0001 is attached to this policy, this coverage does not apply to autos you lease, hire, rent or borrow from any of your employees, pariners (if you are a partnership), members (if you are a Bruited liability com- pany) or members of their households; and Page 2 of 7 2. If form CA0020 is attached to this policy, this coverage does not apply to any private pas- senger type auto you lease, hire. rent or bor- row from any member of your household, any of your employees, partners (if you are a partnership), members (if you are a limited liability company), or agents or members of their households. ifircd Auto Loss of Use Expenses Form CA0001 (if attached to this policy), Section III - Physical Damage Coverage, A. Coverage, 4. Coverage Extensions, b. Loss of Use Expenses; and form CA0020 (if attached to this policy), Section IV - Physical Damage Coverage, A. Coverage, 4. Coverage Extensions, b. Loss of Use Expenses; is deleted and replaced by the followirtg: b. For Hired Auto Physical Damage, we will pay expenses for which an Insuredhecomer, legally responsible to pay for loss of use of a vehicle rented or hired without a driver, under a written rental contract or agreerncr.tWe will pay for loss of use expenses if eauacd by: (I) Other than collision only if the Declara- tions indicate that Comprehensive Cov- erage i$ provided for any covered auto; (2) Specified Causes of Loss only if the Declarations indicate that Specified Causes of Loss is provided for any cov- ered auto; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered auto. However, the most we will pay for any ex- pcnses foi• loss of use is 5100 per day, w a maximum of $1,000. P. Coverage Territory - Hired Auto. Faun CA 0001, (if attached to this policy), Section IV - Business Auto Conditions, B, General Condi- tions, 7. Policy Period, Coverage Territory, b.(5).(a) is replaced by the following: (a) A covered auto of the private passenger type is leased, hired, rented or borrowod without a driver for a period of 1$0 days or less; and Form CA0020 (if attached to this policy), .Section V - Motor Carrier Conditions, B. General CA70H8 3-10 11. Conditions, 7. Policy Period, Coverage Territory, b,(5).(a); is replaced by the following: (a) A coveredauto of the private passenger type is leased, hired, rented or borrowed without a driver for a period of ISO days or less; and Communication Equipment Coverage 1. Form CA 0001 (if attached to this policy), Section 111 - Physical Damage Coverage, C. Limit of Insurance, Paragraph 2. is deleted and replaced by the following: 2, S1.500 is the most we will pay for loss in any one accident to all electronic equip- ment that reproduceie receives or trans- mits audio. visual or data signals which, at the time of the loss, is: Fonn CA0020 (if attached to this policy), Section IV - Physical Damage Coverage,. Limits of Insurance, Paragraph 2, is deleted and replaced by the following: 2. 51,500 is the most we will pay for tag in any one accident to all electronic equip= men; that reproduces, receives or trans- mits audio, visual or data signals which, at the time of the loss, is; Tapes, Records, CDs and I)VD Coverage A. Under Comprehensive Coverage, we will pay for loss to tapes, records, discs or other similar devices used with audio, visual or data elec- tronle. equipment_ We will pay only if the tapes, records, discs or other similar audio, visual or data electronic devices: I. Are your property, or that of a family member; and Are in a covered auto at the time of a loss. B. The most we will pay for loss is V50. C. Physical Damage Coverage provisions apply to this coverage, except that no deductible applies. Personal Effetts Coverage ,~rant CA0001 (if attached to this policy), Section III - Physical Damage Coverage, A. Coverage, 4, Coverage Extensions; and form CA0020 (if at- tached to this policy), Section IV - Physical Page 3 of 7 Damage Coverage, A. Coverage, 4. Coverage Ex- tensions; item d. is added as follows: d, Personal Effects Coverage We will pay up to $500 for lass for clothing items or Miter personal effects That arc owned by an insured and arc in an Owned auto at the time of o covered loss, Personal .li feats do not include audio visual or electronic devices, money, giftcards, secu- rities, jewehy, or tools. This coverage is excess over any other collue- tible insurance. No deductible applies to this coverage. J. Airbag Coverage 1, Form CA0001 (if attached :o this policy), Section DI - Physical Damage Coverage, B. Exclusions, 3.a.; and form CAO020 (if at- tached to this policy), Section IV - Physical Damage Coverage, B. Exclusions, 3.a.; the following is added: However, mechanical breakdown does not mean the unintended discharge of an airbag, provided that nay loss covered under this provision is excess over any other collectable insurance er warranty designed t:o cover such unintended discharge. K. Rental Reimbursement Form CA000 t (if attached to this policy), Section Ill - Physical Damage Coverage, A. Coverage, 4. Coverage Extensions; and form CA0020 (if at- tadhed to this policy), Section IV - Physical Dam- age Coverage. A. Coverage, 4. Coverage Extensions; item c. is added as follows: c. Rental Reimbursement or Transportation Expenses If loss occurs to a covered auto described or designated in the Declarations or Schedule and covered for Physical Damage Coverage, we will pay for rental expenses for the rental of a similar replacement auto and additional transportation expenses. !named by you. This payment applica in addition to the oth- erwise applicable antoun: of each coverage you have oil the covered auto. No deductible applies to this coverage. However; (1) We will pay only for those expenses in- correct by you that begin 24 hours after the covered lass. t2) We will cease paying for those expenses, regardless of the policy's expiration date, at the cutter of the following dates: (a) The number of days reasonably re- quired to repair or replace the cov- ered auto. if loss is caused by theft, this number of days is added to the number of days it takes to locate and return the covered auto to you; or (b) 45 days from the date this coverage begins. (3) Our payment is limited to thelesser of the following amounts: (a) Necessary and actual expenses in- curred by you; or (b) S1,500. (4) This coverage does not apply while there are spare or reserve autos available to you for your operations. (5) If loss results from the total theft of a covered private passenger type auto (if CA0021) is attached to this policy), or a covered private passenger auto (if CA0001 is attached to this policy), we will pay under this coverage only that amount of your covered rental expenses or additional transportation expenses which me not already provided for under the Physical Damage Coverage Exten- si un,. L. Extended 'Cowing Coverage 1. Forrn CA0001 (if attarbed to this policy), Section Ill - Physical Damage Coverage, A. Coverage, 2. Towing, is replaced by the fol- lowing: 2. Extended "!owing We will pay up to $750 per disablement for towing and tabor costs you incur each time your covered auto is disabled. However: CA70t83-10 Page 4 0! 7 a. Alt labor muse be performed at the place of disablement; aitd b. If the covered auto is of the private passenger type, no deductible ap- plies; and c. Ifthe covered auto is not of the vate passenger type, Our obligation to pay will be maimed by a 5250 deductible per disablement. d. If the covered auto is Out of the pri- vate passenger type and the disable- ment results from a loss covered under Section I[i - Physical nonage Coverage, A. Coverage, Paragraphs I, a., b., or e.. ;here is no separate deductible for the Extended Towing Coverage. For purposes of this coverage, disable- ment means a breakdown of the covered auto including mechanical breakdown, engine failure, or tire blowout, where re- pairs cannot be made roadside and a tow is required to remove the auto from the rosdwty and to seek additional services and repair. 2. Form CA0020 (if attached to this policy), Section IV - Physical Damage Coverage, A. Coverage, 2. Towing - Private Passenger Au. Los, is replaced by the following: 2. Extended Towing We will pay up to 5750 per disablement for towing and lubor costs you incur each time your covered auto is disabled. However: a. Alt labor must be performed at the place of disablement; and b. If the covered auto is of the private: passenger type no deductible applies; and e. If the covered auto is not of the private passenger type our obligation to pay will be reduced by a 5250 deductible per disablement. d. 1f the covered auto is not of the pri- vate passenger type and the disable- ment results from a loss covered CA7018 3.10 M. under Section tit - Physical Damage Coverage, A. Coverage, Paragraphs 1, a., b., or c., there is no separate deductible for the Extended Towing Coverage. For putpeses of this coverage, disable- ment means a breakdown of the covered auto including mechanical breakdown, engine failure, or tire blowout, where re- pairs cannot be made roadside and a tow is required to remove the auto from ;he roadway and to seek additional services and repair, Cancellation - 120 Days Notice If we cancel this policy for any reason other than nonpayment of premium, we will mail or deliver to the first Named Insured at the last mailing ad- dress known :o us, written notice of cancellation at ;cast 120 days prior to the effective date of can- cellation. N. Supplementary Payments - Increased Limits Section 11 - Liability. Coverage, 2. Coverage Ex tensions, a. Supplementary Payments, items (2) and (4) are replaced by the following: (2) Up to 52,500 for the cost of bail bonds (in - eluding bonds for related traffic law via- latiuns) required because of an accident we cover, We do not have to furnish these bonds. (4) All reasonable expenses incurred by the insured at our request, including substantiated loss of carvings up to 5500 a day, because of tine off from work. U. Duties in the Event of Accident, Claim, Suit or I,rres - Amended Form CA000l (if attached to this policy) Section IV - Business Auto Conditions; A. Loss Condi- tions, item 2. o.: and form CAOO20 (if attached to this policy) Section V - Motor Carrier Conditions, A. Loss Conditions, itern 2. a.: is replaced by the following. e. In the event of accident, claim, suit or loss, you rressr promptly notify us or our author- ized representative when ii becomes known to: (1) You, if you are an individual: Page 5 of 7 (2) Your partner or member, if you arc a partnership ur joint venture; (3) Your member, if you are a limited liabil- ity company: (4) Your executive ofneer if you are an or- ganization other than a partnership, joint venture or limited liability company; or 0) Your authorized representative or insur- ance manager. Knowlerige of an accident, claim, suit or toss by other persons does not imply that the persons listed above have such knowledge. Notice should include: (1) How, when and where the accident or loss occurred. and (2) The insured'sname and address; and (3) To the extent possible, the names and address of any injured persons and witnesses. P, Lnintentional Failure to Disclose Hazards Q- Form CAOCOI (if attached to this policy), Section IV - Business Auto Conditions, B. General Condi- tions, item 2.; and form CA0020 (if attached to this policy), Section V - Motor Carrier Conditions, B. General Conditions, item 2.; the following is added: However, if you unintentionally fail to disolooe any hazards existing at the inception date of this policy, we will not deny coverage under this Coverage Fnrrn because of' such failure. This p ovkkiort does not affect our HOT to collect additional premium or exercise our right of cancellation or non -rene- wal. Fellow ]+.tnpinyee Coverage Section II Liability Coverage, B. Exclusions, 5. Fellow Employee, the following is added: However, this exclusion does not apply if the bodily injury results from the use of n covered mil u you otivn or hire, and provided that any cov- erage under this provision only applies in excess over any other collectible insurance. emote 3.10 R. Limited Mexico Coverage WARNING AUTO ACCIDENTS N MEXICO ARE SUB- JECT TO THE LAWS OF NIEXICO ONLY - N0T THE LAWS OF THE UNITED STATES OF A:MERICA. THE REPUBLIC OF MEX- ICO CONSIDERS ANY AUTO ACCIDENT A CRIM1]AL OFFENSE AS WELL AS A CIVIL MAT'PE .. IN SOME CASES THE COVERAGE PRO- VIDED HERE MAY NOT BE RECOGNIZED E31' THE MEXICAN AUTHORITIES AND WE MAY NOT BE ALLOWED TO IMPLE- MENT THIS COVERAGE.' AT ALI. ils1 MEXiCO. YOU SHOULD CONSIDER PUR- CHASING AUT0 COVERAGE FROM A LICENSED MEXICAN INSURANCE. COM- PANY BEFORE: DRiViNC IN MEXiCO. THIS E.ND0RSEMENT DOES NOT APPLY TO ACCIDENTS OR LOSSES WHICH OC- CUR OUTSIDE OF 2S MILES FROM THE BORDER OF THE UNITED STATES OF AMERICA, Form CA0001 (if attached to this policy), Section IV - Business Auto Conditions, B. General Condi- tions, item 7.; and form CA002O (if attached to this polity), Section V - Motor Carrier Condi- tions, I3. General Conditions, item 7.: the follow- ing is added: The coverage territory is extendecl to include Mexico, but only: a, For accidents or losses occurring within 25 miles of the United Stems border; and b. For trips into Mexico of 10 days or leas; and c. d. If the covered auto is principally garaged and principally used in the United States; and If the insured is a resident of the United Status. If a loss to a covered auto occurs in Mexico, we pay for such loss in the United Statcs. If the cov- ered auto must be repaired in Mexico in order to he driven, we not pay for more than the actual cash value of such toss as determined by us at the nearest United States pain: where the repairs can be made. Page 6 of 7 Any insurance provided under This provision will be excess over any other collectible insurance. S. Extended Class Coverage Form CA000I (if attached to this policy), Section lit - Physical Damage Coverage. A. Coverage, item 3.a.; used feint CA0020 (if attached to this policy), Section IV - Physical Damage Coverage, A. Coverage, item 3.a.; is replaced by the foltow- ing a. Glass breakage. If glass trust be replaced, the deductible will be S100 or the deductible shown in the Declarations, whichever is Jess. if glass can be repaired and is actually repaired rather than replaced, the deductible will be waived. You have the option of having the glass repaired rather than replaced, T. Broadened Definition of Bodily Injury Form CA0001 (if attached to this policy), Section V - Defnitiuus, item C., and Furst CA0020 (f at- tached to this policy), SECTION VI - DEFI- NITIONS, item C.; is replaced by the following: C. Bodily Injury means bodily injury, sickness or disease sustained by a person includiaag death or mental anguish resulting from any of these et any time. Mental anguish means any type of mental or emotional illness or di- sease. U. Customer Lease or Loan Physical Damage Cover- age Extension Porin CA0001 (if attached to this policy), Section III - Physical Damage Coverage, C. Limit Of 'In- surance; and form CA0020 (if attached to this policy), Section IV - Physical Damage Coverage, C. Limits Of Insurance; item 5, is added as follows: 5. If your covered owned auto is: (1) (2) (3) Shown in the Schedule and designated as covered for Physical Damage Cover- age; and Shown in this policy as having a toss payee or additional -insured -lessor; and Incurs a covered total loss; we will pay the greater of: (a) '1 ho actual cash value, as determined by us, of the damaged or stol.:n property as of the time of the total loss; or (b) The outstanding indebtedness under the initial finance agreement for the covered auto and Its equipment As used here, outstanding indebtedness means the amount you owe on the finance agree- ment at the time of total loss: (i) Less any amot_nts representing taxes, overdue paynirgnts, penalties, intertst, or charges resulting from overdue payments, additional mileage, excess wear and tear, or lease termination fees; and (ii) Less any administrative costs or overhead fees assessed 3y the finance company who has leased the covered auto to you; and (iii) Less security, deposits not returned by thc lessor: and (iv) Less costs for extended warranties, C redi: Life Insurance, Health, Accident or Dis- ability Insurance purchased with the loan or lease; and (v) Less carry-over balances from previous loans or leases. V. Two or More Deductibles Section 111 - Physical Damage Coverage, D. De- ductible,the following is added: If another Firemen's Fund Insurance Company policy or coverage form that is not an automobile policy or coverage form applies to the same acci- dent or toss, the following applies: (I) If the deductible undct this Business Auto Coverage Form is the lesser of (or least) de- ductible, it will lac waived. (2) If the deductible under this Business Auto Coverage Forst is nor the lesser, (or lest) de ductible, it will be reduced by the amount of the lesser for least) deductible. GUM 3-1C page 7 of 7 INSURED: Brian Cox Mechanical, Inc. POLICY #: AE5103173300 POLICY PERIOD: 10/01/2014 TO 10/01/2015 COMMERCIAL GENERAL LIABILITY CG 20 33 07 94 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 additional insured any person or or- ganization for whom you are performing opera- tions when you and such person or organization nave 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 re- spect to liability for "bodily injury", "property darn - age" or "personal and advertising injuy" 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. A person's or organization's status as an addi- tional insured under this endorsement ends when your operations for that additional insured are completed. CG20330704 B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the ren- dering of, or the failure to render, any profes- sional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifica- tions; or b. Supervisory, inspectionarchitectural or engineering activities. 2. "Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than ser- vice, maintenance or repairs) to be per- formed by or on behalf of the additional in- sured(s) al the location of the covered operations has been cornpleted; or b. 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 subcon- tractor engaged in performing operations for a principal as a part of the same project er ISO Properties, Inc., 2004 Page 1 of 1 INSURED: Brian Cox Mechanical. Inc. POLICY #: AES103173300 POLICY PERIOD: 10/01/2014 TO 10/0ii2015 COMMERCIAL GENERAL LIABILITY CG 20 370704 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS COMPLETED OPERATIONS This endorsement moddies insurance provided under the following' COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location And Description Ot Coversd Or Organization(s): Operations BLANKET WHERE REQUIRED BY WRITTEN CONTRACT Information required to complete this Schedule, if not shown above. wil be shown in the Declarations. A.Section II - Who Is An Insured Is amended to include as an additional insured the porson(s) or organizahon(s) shown in the Schedule, but only with respect to liaNlity for 'bodily injury" or 'property damage" mused. in whole or in part. by 'your workat the location designated and described in the schedule of this endorsement performed for that additional insured and includod in the "products -completed operations hazard.' CG 20 37 07 04 ISO Properties, Inc., 2004 Page 1 of 1 INSURED; Brian Cox mechanical, Inc. POLICY #: AES103173300 POLICY PERIOD: 10/01/2014 TO 10/01/2015 COMMERCIAL GENERAL LIABILITY NXGL0930809 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT - AGGREGATE LIMITS OF INSURANCE (PER PROJECT) This endorsement mocifies insurance orovidcd under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Schedule Overall Policy A.ggrecate Limit: $ ;Information required to complete this Schedule, i` rot shown above, will be shown in Declarations.) A. Paragraphs 2. and 3. of SECTION III— LIMITS OF INSURANCE are repaced by the following: 2. The Overal Policy Aggregate Limit is the most we will pay'or the sum of a. Medical expenses under Coverage C; b. Darnag* s under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products -competed operations hazard' and c. Damages under Coverage B. 3. The Products -Completed Operations Aggregate limit is the most we will pay under Coverage A fur damages because o "bodily injury" and "property damage" included in the "products -completed operations hazard" 10 each of your projects away from premises owned by or rented to ycu. B. The fol owinc is added to SECTION 11I — LIMITS OF INSURANCE. 8. Subject to Paragraph 2. and 3. above, the General Aggregate Limit is the most we will pay under for the sum Coverage A, Coverage 8, er Coverage C to each cf your projects away from premises owned by or rented to you NX GL 093 08 09 Rage of Includes copyrighted material of Insurance Services Office. Inc.. with its permission CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950 619-336-4228 phone / 619-336-4229 fax Michael R. Dalla, CMC - City Clerk July 23, 2015 Mr. Brian Cox Brian Cox Mechanical, Inc. 12155 Kirkham Road Poway, CA 92064 Dear Mr. Cox, On July 1st, 2015, an Agreement was entered between the City of National City and Brian Cox Mechanical, Inc. We are enclosing for your records a fully executed original Agreement. Sincerely, Jv Michael R. Dalla, CMC City Clerk Enclosure