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HomeMy WebLinkAbout2017 CON JJJ Enterprises - Furnish and Install Additional Fire Alarm SystemSHORT FORM SERVICES AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND THE STEINHILBER CORPORATION THIS AGREEMENT is entered into this 20th day of November, 2017, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and THE STEINHILBER CORPORATION, a California Corporation, DBA "JJJ ENTERPRISES", (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 the following services: furnish and install an addition to the notifier fire alarm system and modify the existing security system at the A Reason To Survive building. 2. Length of Agreement. The schedule is set forth below: The duration of this Agreement is from November 20, 2017 through June 30, 2018. 3. Compensation. The total compensation to CONTRACTOR for providing the services set forth herein shall not exceed a one-time cost of $34,900. 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 one (1) day's 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. ❑ 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"). The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with minimum limits of either $2,000,000 per occurrence and $4,000,000 aggregate, or $1,000,000 per occurrence and $2,000,000 aggregate with a $2,000,000 umbrella policy, covering all bodily injury and property damage arising out of its operations, work, or performance under this Agreement. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". The "project" or "location" should be noted with specificity on an endorsement that shall be incorporated into the policy. 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's Risk Manager, at the address listed in subsection G below, 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, employees, and volunteers as additional insureds, and separate additional insured endorsements shall be provided. G. The Certificate Holder for all policies of insurance required by this Section shall be: City of National City c/o Risk Manager 1243 National City Boulevard National City, CA 91950-4397 H. 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. I. Insurance shall be written with only insurers authorized to conduct business in California which hold a current policy holder's alphabetic and financial size category rating of not less than A:VII according to the current Best's Key Rating Guide, or a company of 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. J. 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. Standard Short Form Agreement Page 2 of 5 City of National City and Revised May 2017 JJJ Enterprises — ARTS Bldg. K. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. L. If the CONTRACTOR maintains broader coverage or higher limits (or both) than the minimum limits shown above, the CITY requires and shall be entitled to the broader coverage or higher limits (or both) maintained by the CONTRACTOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY. 8. Indemnification and Hold Harmless. The CONTRACTOR agrees to defend, indemnify and hold harmless the City of National City, its officers, officials, agents, employees, and volunteers against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CON TRACTOR'S performance or other obligations under this Agreement; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the CITY, its agents, officers employees, or volunteers. CITY will cooperate reasonably in the defense of any action, and CONTRACTOR shall employ competent counsel, reasonably acceptable to the City Attorney. The indemnity, defense, and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. 8. 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. 9. Business License. CONTRACTOR must possess or shall obtain business license from National City Finance Department before beginning work. 10. 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. To the extent any exhibits, schedules, or provisions thereof conflict or are inconsistent with the terms and conditions contained in this Agreement, the terms and conditions of this Agreement will control. 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. Standard Short Form Agreement Page 3 of 5 City of National City and Revised May 2017 JJJ Enterprises — ARTS Bldg. 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. Subcontractors or Subconsultants. The CITY is engaging the services of the CONTRACTOR identified in this Agreement. The CONTRACTOR shall not subcontract any portion of the work, unless such subcontracting was part of the original proposal or is allowed by the CITY. In the event any portion of the work under this Agreement is subcontracted, the subcontractor(s) shall be required to comply with and agree to, for the benefit of and in favor of the CITY, both the insurance provisions in Section 7 and the indemnification and hold harmless provision of Section 8 of this Agreement. K. 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. [Signature page to follow] Standard Short Form Agreement Page 4 of 5 City of National City and Revised May 2017 JJJ Enterprises — ARTS Bldg. IN WITNESS WHEREOF, this Agreement is executed by CITY and by CONTRACTOR on the date and year first above written. CITY OF NATIONAL CITY By� Leslie Deese, City Manager APPROVED AS TO FORM: Ai0001V' Morris Jones Attorney CITY OF NATIONAL CITY 1243 National City Boulevard National City, CA 91950-4397 THE STEINHILBER CORPORATION, a California corporation, DBA "JJJ ENTERPRISES" (Corporation— signatures of two corporate officers required) B JO F./ 5*//l11/c!1 E1— (Print) (Title) By: &.14 C/,_X1P-/ (Name) (Print) Y/5/5 /A5-5 / . 7--' (Title) CONTACT INFORMATION Phone: (619) 336-4584 Fax: (619) 336-4397 Contact: Arturo Gonzalez Title: Facilities Maintenance Supervisor Dep.: Engineering and Public Works Email: arturog@nationalcityca.gov JJJ ENTERPRISES P.O. Box 463021 Phone: 760-747-3050 Fax: 760-466-2725 Contact: Pete Camejo Title: Operations Sales Manager Email: petec@jjjent.com Taxpayer I.D. No.: 33-0351559 Standard Short Form Agreement Page 5 of 5 City of National City and Revised May 2017 JJJ Enterprises — ARTS Bldg. vrivIPENrrozpRisEs P.O. BOX 463021 • ESCONDIDO, CALIFORNIA, 92046-3021 (760)747-3050 • FAX (760)747-7561 Date: December 13, 2017 To: CITY OF NATIONAL CITY Attn: ARTURO Fax: Re: REASON TO SURVIVE BUILDING -FIRE AND SECURITY SYSTEM Sender: PETE CAMEJO YOU SHOULD RECEIVE 1 PAGE (S), INCLUDING THIS COVER SHEET. IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL 760-747-3050 EXT. 205 FURNISH AND INSTALL AN ADDITION TO THE NOTIFIER FIRE ALARM SYSTEM AND MODIFY THE EXISTING SECURITY SYSTEM CONSISTING OF: 1 HONEYWELL SECURITY CONTROL PANEL WITH BATTERY 4 HONEYWELL ZONE EXPANDER CARDS 4 HONEYWELL REMOTE LCD KEYPADS 1 HONEYWELL REMOTE LCDKEYPAD WITH WIRELESS RECEIVER BUILT IN 12 HONEYWELL GLASSBREAK DETECTORS 1 HONEYWELL WIRELESS DOOR CONTACT 5 HONEYWELL WIRELESS INFRARED MOTION DETECTORS 1 HONEYWELL POWER SUPPLY 2 SIRENS RECONNECT EXISTING DOOR CONTACTS 1 NOTIFIER REMOTE POWER SUPPLY WITH BATTERY 1 NOTIFIER SMOKE DETECTOR 2 NOTIFIER HEAT DETECTORS 14 NOTIFIER SMOKE DETECTORS CONDUIT, BOXES AND WIRE DRAWINGS, SUBMITTALS AND FIRE DEPT. FEES TOTAL COST $ 34,900.00 EXCLUSIONS: A.C. POWER, PATCHING AND PAINTING. THIS IS A PREVAILING WAGE JOB DIR 1000006040 EXHIBITA INSR TYPE OF MISURANCE INso SUS ,y " COMMERCIAL GENERA!. UA8!LITY C!AIMS•MADE OCCUR Contractual Liab. GENT AGGRE0TE L�IMpI,T. APPLIES PER POLICY •- JECT ri LOC OTHER: B AUTOMOBILE LJABIUTY X ANY AUTO GLO-330985 OWNED -iJ SCHEDULED AUTOSR�pONLY AUTOS AUTOS ONLY � AUTOS ONLY X rUMBRELLA UAB EXCESS LAB RETENTIONS C AND WORKERS COMPENSATION ANY PROPRtETgO�RJPARTNERJEXECI TIVE (Mandatory NH) EXCLUDED') M yes, descibo under RIPTION OF OPERATIONS below A Professional Liab. Yf N/A PRODUCER Wateridge insurance Services 10717 Sorrento Valley Rd. San Diego, CA 92121 Hulquist Insurance Svcs.,lnc. INSURED The Steinhilber Corporation DBA: JJJ Enterprises P.Q. Box 463021 Escondido, CA 92046-3021 JJJENT T1 CERTIFICATE OF LIABILITY INSURANCE OP ID: C2 DATE(MANDtYYYYY) 01/27/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPO I 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 'EPRESENTATIVE 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). 858-452-2200 U!+ Heather Wirsig iHC EctL 858.452-2200 i FAX talc No):858.452-6004 hwirsig@waterldge,corm INSURERS) AFFORPL COVERAGE INSURERA:Crum & Forster Specialty Ins INsuRER8: American Are & Casualty ins. MBURERC :Insurance Co. of the West INSURER D : INSURER E INSURERF : 44520 24066 27847 'COVERAGES CERTIFICATE NUMBER: REVISION NUMBER. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN 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 THS 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 8Y PAID CLAIMS. POLICY NUMBER POL POLICY EXP !M TMMIDDIYYYYI LIMITS 02/01/2017 02/01/2018 EACli OCCURRENCE _ $ 1,000,000 DA#ISAGE TO RENTED PE5 JSES lFy c txrence) $ ME ¢ EXP !Any ona main) $ PERSONAL & ADV INJURY GEMURALAGGREGATE PR]DUCTU . COMPIOP A9G BAA (18) 55 92 68 69 SEO-100704 SD 5029168 02 GLO-330985 02/01/2017 02/01/2017 02/01/2017 02/01/2017 100,000 5,000 { 1,000,000 2,000,000 2,000,000 02/01/2018 COMBINED SINGLE LIMIT fFa noriQ#M) ROOMY INJU►0Y (Per remora 1 D1L INJURY (Per accident) 'PReOr PEAR DAMAGE 1,000,000 02/01/2018 _EACH OCCURRENCE AGGREGATE `X ilk OTH- 02/01/2018 EA&H ACCIDENT 01/01/2018 FR E.L. DISEASE - EA EMPLOYEE 3 3 4,000,000 4,000,000 1,000,000 1,000,000 E.L DISEASE -POLICY LIMIT $ 1,000,000 Limit 1,000,000 *gESCR!PTION F gPERAT10. t<e: 9TIONS ! Vr�IL1€ _ (tvtc 107, Atldlti I r1ti oral .Itnsy be attached If more space is required)z SSee aitA eCS RAes. l e: Natt�ona (: Iy Civic L:eniet151% tlona (:Ity Boulevard, National City, CA. National City Public Works-1726 Wilson Avenue, National City, CA. National City Police Dept -1200 National City Boulevard, National City, CA. National City Library • 1401 National City Boulevard, National City, CA. R IFIC T e DER City of National City cto Risk Manager 1243 National City Boulevard National City, CA 91950 CORD 25 (2016/03) CITYOFN CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 01988-2015 ACORD CORPORATION. AU rights reserved. The ACORD name and logo are registered marks of ACORD HotDERcote CITY-FN NOTEPAD: tt+IBURED'S NAME The Steinhiiber Corporation JJJENTI OP its: C2 Re; National City Fire Station 343 E. 16th Street, National City CA National City Community Center - 140 E. 12th Street National City, CA, The City of National City, Its Elected officials, officers, agents, employees and volunteers are additional insured with respects to general & auto liability per attached -WC waiver applies. PAGE 2 Date 01/27/2017 POLICY NUMBER: GLO-330985 COMMERCIAL GENERAL, LIABILITY CG 20 10 07 04 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); Any person or Organization for whom the Named insured had, prior to an "occurrence" or offense, a valid written agreement or written contract requiring additional insured coverage. Various Location(s) Of Covered Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section li — Who Is An Insured is amended to 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. CG20100704 E. 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 sarne project. © ISO Properties, Inc., 2004 Pagel of 1 p POLICY NUMBER: GLO-330985 COMMERCIAL GENERAL LIABILITY CG20370T04 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 SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Any person or Organization for whom the Named Insured had, prior to an "occurrence" or offense, a valid written agreement or written contract requiring additional insured coverage. Location And Description Of Completed Operations Various Information required to complete this Schedule, if not shown above, will be shown in the Declarations, Section II — VA° Is An insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by 'Your work' at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products - completed operations hazard". CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 (� THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modes insurance provided under the following: COMMERCIAL GENERAL 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 avaaable to an additional insured under this 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 prior to the injury or damage that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. However, the insurance provided under this endorsement will not apply beyond the extent required by such contract or agreement. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. This endorsement forms a part of the Policy to which attached, effective on the inception date of the Policy unless otherwise stated herein. (The following information is required only when this endorsement is issued subsequent to preparation of the Policy.) Endorsement effective 02-01-2017 Policy No. GLO-330985 Endorsement No. Countersigned by Named insured The Steinhilber Corp. DBA: JJJ Enterprises CFSIC•G L-1002(10/2015) { POLICY NUMBER: BAA (18) 55 92 68 69 COMMERCIAL AUTO CA 88 10 01 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. COVERAGE INDEX SUBJECT PROVISION NUMBER ADDITIONAL INS URED BY CONTRACT, AGREEMENT OR PERMIT 3 ACCIDENTAL AIRBAG DEPLOYMENT 12 AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 19 AMENDED FELLOW EMPLOYEE EXCLUSION 5 AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 13 BROAD FORM INSURED 1 CA88100113 BODILY INJURY REDEFINED EMPLOYEES AS INSUREDS (including employee hired auto) 22 EXTENDED CANCELLATION CONDITION 2 EXTRA EXPENSE - BROADENED COVERAGE 23 GLASS REPAIR - WAIVER OF DEDUCTIBLE 10 HIRED AUTO PHYSICAL DAMAGE (including employee hired auto and loss of use) 16 HIRED AUTO COVERAGE TERRITORY 6 LOAN / LEASE GAP 20 PARKED AUTO COLLISION COVERAGE 16 (WAIVER OF DEDUCTIBLE) 16 PERSONAL EFFECTS COVERAGE 11 PHYSICAL DAMAGE - ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 8 RENTAL REIMBURSEMENT SUPPLEMENTARY PAYMENTS 9 TOWING AND LABOR 74 TVVO OR MORE DEDUCTIBLES 7 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 1 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US 20 20 SECTION II - LIABILITY COVERAGE is amended as follows: z 1. BROAD FORM INSURED SECTION II - LIABILITY COVERAGE, paragraph A.1. - WHO IS AN INSURED is amended to include the following as an insured: d. Any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period. However, "insured" does not include any organization that: (1) is a partnership or joint venture, or (2) Is an insured under any other automobile policy; or (3) Has exhausted its Limit of Insurance under any other automobile policy. Paragraph d, (2) of this provision does not apply to a policy written to apply specifically in excess of this policy. e. Any organization you newly acquire or form, other than a partnership or joint venture, of which you own more than 50 percent of the voting stock. This automatic coverage is afforded only for 180 days from the date of acquisition or formation. However, coverage under this provision does not apply: (1) If there is similar insurance or a self -insured retention plan available to that organization; 2013Liberty Mutual insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page lof7' (2) If the Limits of Insurance of any other insurance policy have been exhausted; or (3) To "bodily injury" or "property damage" that occurred before you acquired or formed the organization. 2. EMPLOYEES AS INSUREDS SECTION 11 - LIABILITY COVERAGE, paragraph Al., - WHO IS AN INSURED is amended to include the following as an insured: f. Any "employee" of yours while using a covered "auto" you do not own, hire or borrow, but only for acts within the scope of their employment by you. Insurance provided by this endorse- ment is excess over any other insurance available to any "employee". g. An "employee" of yours while operating an "auto" hired or borrowed under a written contract or agreement in that "employee's" name, with your permission, while performing duties re- lated to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement is excess over any other insurance available to the "employee". 3. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT SECTION II - LIABILITY COVERAGE, paragraph A.1. - WHO IS AN INSURED is amended to include the following as an insured. h. Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed in a written contract, agreement, or permit issued to you by governmental or public authority, to add such person, or organization, or governmental or public authority to this policy as an "insured". However, such person or organization is an "Insured": (1) Only with respect to the operation, maintenance or use ofa covered 'auto'; (2) Only for "bodily injury" or "property damage" caused by an "accident' which takes place after you executed the written contract or agreement, or the permit has been issued to you; and Only for the duration of that contract, agreement or permit 4. SUPPLEMENTARY PAYMENTS SECTION II - LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments, para- graphs (2) and (4) are replaced by the following. (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations ) required because of an "accident" we cover. We do not have to furnish these bonds. (4) Alt reasonable expenses incurred by the insured at our request, including actual loss of earn- ings up to 5500 a day because of time off from work. 5. AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisdictions where, by law, fellow employees are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or similar protection, the following provision is added: SECTION II - LIABILITY, exclusion 8.5. FELLOW EMPLOYEE does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire. SECTION III - PHYSICAL DAMAGE COVERAGE is amended as follows: 6. HIRED AUTO PHYSICAL_ DAMAGE Paragraph A.4. Coverage Extensions of SECTION 111 - PHYSICAL DAMAGE COVERAGE, is amended by adding the following: If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you own, then the Physical Damage coverages provided are extended to "autos": a. You hire, rent or borrow; or (3) CA 88 10 01 13 © 2013Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 7 126.1 a b. Your "employee" hires or rents under a written contract or agreement in that 'employee's' name, but only if the damage occurs while the vehicle is being used in the conduct of your business, subject to the following limit and deductible. A. The most we will pay for "loss" in any one "accident" cr "loss" is the smallest of: (1) $50,000; or (2) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality, minus a deductible. B. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. C. Subject to the limit, deductible and excess provisions described in this provision, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. D. Subject to a maximum of $1,000 per "accident", we will also cover the actual loss of use of the hired "auto" if it results from an "accident', you are legally liable and the lessor incurs an actual financial loss. E. This coverage extension does not apply to: (1) Any "auto" that is hired, rented or borrowed with a driver; or (2) Any "auto" that is hired, rented or borrowed from your "employee". For the purposes of this provision, SECTION V - DEFINITIONS is amended by adding the following: ._"Total_ loss" means a "loss" in .which_ the, cost _of repairs, plus, the_ salvage value exceeds the actual cash value. 7. TOWING AND LABOR SECTION 111 - PHYSICAL DAMAGE COVERAGE, paragraph A.2. Towing, is arnended by the addition of the following: We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, "light truck" or "medium truck" is dis- abled' a. For private passenger type vehicles, we will pay up to S50 per disablement. b, For "light trucks", we will pay up to $50 per disablement "Light trucks" are trucks that have e gross vehicle weight (GVVV) of 10,000 pounds or less. c. For "medium trucks" , we will pay up to $150 per disablement. "Medium trucks" are trucks that have a gross vehicle weight (GVVV) of 10,001 - 20,000 pounds. However, the labor must be performed at the place of disablement. b. PHYSICAL DAMAGE - ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a., Coverage Extension of SECTION III - PHYSICAL DAMAGE COVERAGE, is amend- ed to provide a limit of $50 per day and a maximum limit of $1,500 2013 Liberty Mutual insurance CA 88 10 D 1 13 Includes copyrighted rnaterial of Insurance Services Office, Inc., with its permission. Page 3 of 7 3. RENTAL. REIMBURSEMENT SECTION VI - PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: a. We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of an "auto" because of "accident' or "loss", to an "auto" for which we also pay a "loss" under Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for those expenses incurred after the first 24 hours following the "accident" or "loss' to the covered "auto." b. 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 the 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. c. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your tools and equipment from the covered "auto". d. This coverage does not apply unless you have a business necessity that other "autos" avail- able for your use and operation cannot fill. e. 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. I. No deductible applies to this coverage. For the purposes of this endorsement provision, materials and equipment do not include "personal effects" as defined in provision 11. 10. EXTRA EXPENSE - BROADENED COVERAGE Under SECTION III - PHYSICAL DAMAGE COVERAGE, A. COVERAGE, we will foO pay r the expetue of returning a stolen covered auto to you. The maximum amount we will pay is $1,000. 11. PERSONAL EFFECTS COVERAGE A. SECTION III - PHYSICAL DAMAGE COVERAGE, A following' If you have purchased Comprehensive Coverage on "auto" is stolen, we will pay, without application effects" stolen with the "auto." . COVERAGE, is amended by adding the this policy for an "auto" you own and that of a deductible, up to $600 for "personal The insurance provided under this provision is excess over any other collectible insurance. B. SECTION V - DEFINITIONS is amended by adding the following: For the purposes of this provision, "personal effects" mean tangible property that is worn or carried by an insured." "Personal effects" does not include tools, equipment, jewelry, money or securities. 12. ACCIDENTAL AIRBAG DEPLOYMENT SECTION III - PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS is amended by adding the follow- ing If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for "loss" relating to mechanical breakdown does not apply to the accidental discharge of an airbag. Any insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturer's warranty. However, we agree to pay any deductible applicable to the other cov- erage or warranty. 13. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION 111 - PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS, exception paragraph a. to exclu- sions 4.c. and 4.d. is deleted and replaced with the following: CA 88 10 01 13 © 2013Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 7 SEMEI r-:=1:= �.t Exclusion 4.c. and 4.d. do not apply to: a. 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" and physical damage coverages are provided for the covered 'auto"; or If the "loss" occurs solely to audio, visual or data electronic equipment or accessories used with this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a $100 deductible. 14. LOAN i' LEASE GAP COVERAGE A. Paragraph C., LIMIT OF INSURANCE of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by adding the following; The most we will pay for a "total loss" to a covered "auto" owned by or leased to you in any one "accident" is the greater of the: 1. Balance due under the terms of the loan or lease to which the damaged covered "auto" is subject at the time of the "loss' less the amount of: a. Overdue payments and financial penalties associated with those payments as of the date of the "loss", b. Financial penalties Imposed under a lease due to high mileage, excessive use or ab- normal wear and tear, c. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease d. Transfer or rollover balances from previous loans or leases, e. Final payment due under a "Balloon Loan", f. The dollar amount of any unrepaired damage which occurred prior to the "total loss" of a covered "auto", g. Security deposits not refunded by a lessor, h. All refunds payable or paid to you as e result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto", i. Any amount representing taxes, j. Loan or lease termination fees; or 2. The actual cash value of the damage or stolen property as of the time of the "loss". An adjustment for depreciation and physical condition will be made In determining the actual cash value at the time of the "loss". This adjustment is not applicable in Texas. B. ADDITIONAL CONDITIONS This coverage applies only to the original loan for which the covered "auto" that incurred the loss serves as collateral, or lease written on the covered "auto" that incurred the loss. C. SECTION V - DEF1NT!ONS is changed by adding the following: As used in this endorsement provision, the following definitions apply: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. A "balloon loan" is one with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment. CA 88 10 01 13 2013Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc,, with its permission. Page 5 of 7 15. GLASS REPAIR o WAIVER OF DEDUCTIBLE Paragraph D. Deductible of SECTION Ill - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: t4o deductible applies to glass damage if the glass is repaired rather than replaced. 16. PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION flf - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: The deductible does not apply to "loss" caused by collision to such covered "auto" of the private passenger type or light weight truck with a gross vehicle weight of 10,000 lbs. or Tess as defined by the manufacturer as maximum loaded weight the "auto" is designed to carry while it is: a. In the charge of an "insured"; b. Legally parked; and c. Unoccupied. The "loss" must be reported to the police authorities within 24 hours of known damage. The total amount of the damage to the covered "auto" must exceed the deductible shown in the Declarations This provision does not apply to any "loss" if the covered "auto" organization engaged in the automobile business. 17. TWO OR MORE DEDUCTIBLES Under SECTION Ill PHYSICAL DAMAGE COVERAGE, if forms apply to the same accident, the following applies the--applicable"-"Business" Autodeductible -is the-'srtfaller "(ot"smallest) .deductible it will waived; or is in the charge of any person or two or more company policies to paragraph D. Deductible: or coverage be b. If the applicable Business Auto deductible is not the smaller (or smallest) deductible it will be reduced by the amount of the smaller (or smallest) deductible; or c. If the loss invotves two or more Business Auto coverage forms or policies the smaller (or smallest) deductible vviil be waived. For the purpose of this endorsement company means any company that is part of the Liberty Mutual Group. SECTION IV -BUSINESS AUTO CONDITIONS is amended as follows: 18. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV- BUSINESS AUTO CONDITIONS, Paragraph 8.2. is amended by adding the following; If you unintentionally fail to disclose any hazards, exposures or material facts existing as of the inception date or renewal date of the Business Auto Coverage Form, the coverage afforded by this policy will not be prejudiced. However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to collect additional premium for any such hazard or exposure. 19. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS SECTION IV - BUSINESS AUTO CONDITIONS, paragraph A.2.a. is replaced in its entirety by the following: a. In the event of "accident", claim, "suit' or "loss", you must promptly known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. Member, if you are a limited liability company; 4. An executive officer or the "employee" designated by the Named notice, if you are a corporation. CA 88 10 0113 notify us when it is Insured to give such 2013LIberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 7 ISCFLMS To the extent possible, notice to us should include: (1) How, when and where the "accident" or 'loss" took place, (2) The "insureds" name and address; and (3) The names and addresses of any injured persons and witnesses. 20. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV - BUSINESS AUTO CONDITIONS, paragraph A.5., Transfer of Rights of Recovery Against Others to Us, is amended by the addition of the following: If the person or organization has waived those rights before an "accident" or "loss", our rights are waived also. 21. HIRED AUTO COVERAGE TERRITORY SECTION IV - BUSINESS AUTO CONDITIONS, paragraph B.7., Policy Period, Coverage Territory, is amended by the addition of the following. f. For "autos" hired 30 days or less. the coverage territory is anywhere in the world, provided that the insured's responsibility to pay for damages is determined in a "suit", on the merits, in the United States, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. This extension of coverage does not apply to an 'auto" hired, leased, rented or borrowed with a driver. 22. SECTION V - DEFINITIONS is amended as follows: Under SECTION V - DEFINTIONS,,definihon -C, is replaced by the foNov,+ing• BODILY INJURY REDEFINED "Bodily injury" means physical injury, sickness or disease sustained by a person, including mental anguish, mental injury, shock, fright or death resulting from any of these at any time. COMMMON POLICY CONDITIONS 23. EXTENDED CANCELLATION CONDITION COMMON POLICY CONDITIONS, paragraph A. - CANCELLATION condition applies except as fol- lows: If we cancel for any reason other than nonpayment of premium, we will mail to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. This provision does not apply in those states which require more than 60 days prior notice of cancella- tion. CA 88 10 01 13 Liberty Mutual Insurance Includes copyrighted material of3lnsura a Services Office, Inc., with its permission. Page 7 of 7 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -BLANKET WC 99 08 34 (Ed. 8-00) 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 under a written contract That requires you to obtain this agreement from us). The additional premium for this endorsement shall be 3% of the total California Workers' Compensation premium otherwise due. Schedule Any Person or Organization When Required by Written Contract All California Operations Person or Organization Job Description Policy Number: WSD 5029168 02 Insured: Steinhilber Corp (The) Endorsement Effective: 02/01/17 Coverage Provided by: Insurance Company of the West Issue Date: 01/27/17 Countersigned by: WC 99 06 34 (Ed, 8.00) CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950-4397 619-336-4228 Michael R. Dalla, CMC - City Clerk STEINHILBER CORPORATION DBA JJJ ENTERPRISES Fire & Security Alarm Monitoring Services A Reason To Survive Building Tirza Gonzales (Engineering/Public Works) forwarded a copy of the Agreement to Steinhilber Corporation dba JJJ Enterprises.