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HomeMy Public PortalAboutC-19-017 - Westberg & White, Inc. Amendment No. 2, On-Call Engineering Services4— AMENDMENT NO.2 TO AGREEMENT FOR CONTRACT SERVICES 1THIS AMENDMENT TO THE AGREEMENT FOR CONTRACT SERVICES v ("Amendment No. 2") by and between the City of Carson, a California municipal corporation (`'City") and Westberg + White, Inc., a California corporation ("Consultant") is effective as of the 0 day of October, 2020. RECITALS A. City and Consultant entered into that certain Agreement for Contractual Services dated April 2, 2019 ("Agreement") whereby Consultant agreed to provide On -Call Architect Services. B. City and Consultant amended the Agreement on April 26, 2019 ("Amendment No. 1") to decrease the Contract Sum from Five Hundred Thousand Dollars ($500.000.00) to Two Hundred Fifty Thousand Dollars ($250.000.00). C. City and Consultant now desire to again amend the Agreement to increase the Contract Sum from Two Hundred Fifty Thousand Dollars ($250,000.00) to Seven Hundred Fifty Thousand Dollars (750,000.00), and to extend the term by one (1) additional year until June 30, 2022. TERMS 1. Contract Changes. The Agreement is amended as provided herein (new text in hold italics and deleted text in Wig#). A. Section 2.I, "Contract Sum." of the Agreement, is hereby amended to read in its entirety as follows: "Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the "Schedule of Compensation" attached hereto as Exhibit "C' and incorporated herein by this reference. The total compensation. including reimbursement for actual expenses, shall not exceed Twe'wed Fifty Theussa �',d DellaTs—($250,"00), Seven Hundred Fifty Tizottsattd Dollars ($750,000.00) (the "Contract SUM"). unless additional compensation is approved pursuant to Section 1.8." B. Exhibit B. Section 11, amending Section 2.1. "Contract Sum," of the Agreement, is hereby amended to read in its entirety as follows: "Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference. The total 01007 00061672014 1 compensation, including reimbursement for actual expenses, shall not exceed Two Seven Hundred Fifty Thousand Dollars ($750,000) (the "Contract Sum"), unless additional compensation is approved pursuant to Section 1.8 or subsequently approved by the City Council." C. Exhibit C, Section IX, of the Agreement, is hereby amended to read in its entirety as follows: "The total compensation for the Services shall not exceed X9:000-$750,000 for the term of this Agreement, as provided in Section 2.1 of this Agreement, and as amended in Exhibit B." D. Exhibit D, Section 1, of the Agreement is hereby amended to read in its entirety as follows: "From April 2. 20I9 through dHRe 30� 29- June 30, 2022, Consultant shall provide Services on an on-call basis as set forth in Exhibit A." 2. Continuing Effect of Agreement. Except as amended by this Amendment No. 2, all provisions of the Agreement and Amendment No. I shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 2, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement, as amended by this Amendment No. 2 and Amendment No. 1. 3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Consultant each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement and Amendment No. I. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein and Amendment No. I. Each party represents and warrants to the other that the Agreement, as amended by Amendment No. I and this Amendment No. 2, is currently an effective, valid, and binding obligation. Consultant represents and warrants to City that, as of the date of this Amendment No. 2. City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement. City represents and warrants to Consultant that, as of the date of this Amendment No. 2, Consultant is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement. 4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 2. 0 1007 psMI0720 14 5. Authority. The persons executing this Amendment No. 2 on behalf of the parties hereto warrant that (i) such party is duly organized and existing. (ii) they are duly authorized to execute and deliver this Amendment No. 2 on behalf of said party, (iii) by so executing this Amendment No. 2, such party is formally bound to the provisions of this Amendment No. 2, and (iv) the entering into this Amendment No. 2 does not violate any provision of any other agreement to which said party is bound. [SIGNATURES ON FOLLOWING PAGE] -3- 01M70006/672014 i IN WITNESS WHEREOF- the parties hereto have executed this Amendment No. 2 on the date and year first -4 yer* A Donesia Gause-Aidana, C + Clerk, U\ -/ APPROVED AS TO FORM: ALES141RE & WYNDER, LLP 6;; -7 �' Sunnv K. Soltani, City Attorney IB l] CITY. CITY OF CA ON, a m ' ip l corporation Albert R les, Mayor CONSULTANT: WESL'G By: Nance: Frisco Title: Preside By: Name: Paftbg Title: Sec ry Address: 1775 Hancock St.. Suite 120 San Diego, CA 92110 Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vire President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY. -4- 01007.00MM-01 a.1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL O. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Qn � ) On I Lo before me, Date � � �n H }e !ns rt Name and Title of IAa Officer personally appeared �l1 ►' 1�, Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph AZAR KHOJAS7EH is true and corct. Y Commission # 2146. 107 a : m� *' n WITNESS my nId official al. Notary Public - GaUtornia z Z - san ciego county �Ily Comm- Expires Mar 13,2020 Q qinnati iia 11 11N (mM901n la"Jej fao.ri- +6 -U$u VhvC 6 adz r N-03. ?_o'( Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(fes) Claimed by Signer(s) Signer's Name: * Corporate Officer — Title(s): ❑ Partner — Limited General ❑ Individual Attomey in Fact ❑ Trustee Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — Limited General ❑ Individual Attorney in Fact O Trustee Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association - www.Nationa[Notary.org • 1 -800 -US NOTARY (1-800-876-6827) Item 1f5907 1015/2020 National Notary Association M E ILDVCHAN 74-k BONDING COMPANY, July 8, 2020 RE: Notary: Azar Khojasteh Bond and/or Policy No.: 41719661 Expiration Date: November 3, 2020 To whom it may concern, The letter is to notify you that Merchants Bonding Company (Mutual) has agreed to extend the Original Expiration Date of the above referenced bond to November 3, 2020 in accordance with California Governor Newsome's Executive Order N-71-20 signed June 30, 2020 ("Executive Order"). Consistent with the Executive Order each notarial act completed during the extension period should be annotated with the following: "The notary commission extended pursuant to Executive Order N-63-20." Respectfully, James A. Holter Vice President, Commercial Surety CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange } On .tea- �_ 20� before me, Jeremy A._Aguirre, Notary Public , 1Here Insen name and We of the officer) personally appeared Paul Wesf" _ , who proved to me on the basis of satisfa ory evidence to be the person whose name{ is/am subscribed to the within instrument and acknowledged to me that he/sheltthey executed the same in his/herftheir authorized capacity(iebl, and that by his/hentheir signature(o' on the instrument the persor)(<or the entity upon behalf of which the personWacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and Notary Public (Notary Public Seal) JEREMY A. AGUIRRE I COMM...2972008 n NOTARY PWXIGCAIJF NJA 9 ORANGE COUNTY CL) MY Terre Eqx Noce Ti* 17, 20201 INSTRUCTIONS FOR COMPLETING THIS FORM AD AL OPTIONAL INFORMATION Tmyorm complies with current California statutes regarding notarj,wording and, IPTION OF THE ATTACHED DOCUMENT ifneeded should be completed and airached to the document. Acknairledgments from other stares may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary fr>xcf �ivteti lair. (title or description of attached document) (Title or description of attached document continued) Number of Pages q'AL Document Date fo•o - a CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact p Trustee(s) ❑ Other • State and County information must he the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signers) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e- tte/she/they- is lace ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not corer text or lines. If seal impression smudges. reseal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document. number of pages and date. Indicate the capacity claimed by the signer, If the claimed capacity is a corporate officer. indicate the title (i.e. CEO. CFO. Secretary). • Securely attach this document to the signed document with a staple. A� V CERTIFICATE OF LIABILITY INSURANCE DATE(MMfpp1YYYYj 1o119r2020 THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLYAND 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 pollcy(tes) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT Tina Cowie NAME: Cornerstone Specialty Insurance Services, Inc. PHONE (714) 731.7700 FAX Ne . (714) 731-7750 14252Culver Drive, A299DRESS: tina@comerstonespeciaity.com INSURER(S) AFFORDING COVERAGE MAIC / INSURERA: Travelers Indemnity Co of Conn 25682 Irvine CA 92604 INSURED INSURER B : Travelers Property Casualty Co 25674 WESTBERG + WHITE, INC. INSURER C : Aspen American Insurance Company 14471 Chambers Road Ste 210 INSURER D: INSURER E: Tustin CA 92780 INSURER F: COVERAGES CERTIFICATE NUMBER: 20121 COVERAGES REVISION NUMRER- 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. ILTR TYPE OF INSURANCE I ACCORDANCE WITH THE POLICY PROVISIONS. POLICY HUMBER MMIUD CY EFF MMIDD OLICY P LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 CLAIMS-MAGE19 OCCUR PREMISES (Ea occurrence)S 1,000,000 m X ADDTL INSRDIPRIMARY MED EXP (Any one person) $ 5,000 A X BLNKT WAIVER OF SUBRO Y Y 680-6H712316 01/27/2020 01/27/2021 PERSONAL AADV INJURY $ 1,000,000 GENLAGGREGATE LIMIT APPLIES PER. GENERALAGGREGATE $ 2,000,000 HPOLICY JECT E] LOC PRODUCTS - COMPIOPAGG $ 2+000,000 5 OTHER: AUTOMOBILE LIABILITY COMBINED SAGLE'IMIT S 1,000,000 Ea accklanl X ANY AUTO BODILY INJURY (Per person) $ A OWNED SCHEDULED AUTOS ONLY AUTOS Y Y BA -585M7605 01/2712020 01127/2021 BODILY INJURY (Per accident) S HIRED NON -OWNED PROPERTY DAMAGE S AUTOS ONLY AUTOS ONLY PararrJdan[ s X UMBRELLA LIAR X OCCUR EACH OCCURRENCE S 5,000,000 8 EXCESS LIAe ICLAIMS-MADE CUP-8176YO18 01127/2020 01!2712021 AGGREGATE $ 5,000,000 DED JXRETENTIONS 0 $ WORKERS COMPENSATION PER OTH. AND EMPLOYERS'LIABILITYYIN STATUTE I I ER E.L.EACHACCIDENT S 1,000,000 B ANY PROPRIETORIPARTNEREXECUTIVE IM OFFICEREMBER EXCLUDED? NIA Y UB -9.1774725 01/27/2020 01/27/2021 E.LDISEASE -EAEMPLOYEE S 1+000,000 (Mandatory in NH) If Yea. describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT S 1,000,000 Each Claim $3,000,000 Professional Liability C Claims Made AAAE100396-01 01/2712020 01127/2021 Annual Aggregate $3,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If mom space to required) City of Carson, its elected and appointed officers, employees, volunteers and agents are Additional Insured for General Liability but only if required by written contract with the Named Insured prior to an occurrence and as per attached endorsement. Coverage is subject to all policy terms and conditions. Should any of the above described policies be cancelled before the expiration dated thereof, the issuing company shall mail thirty (30) day advance written notice to certificate holder named herein. For Professional Liability coverage, the aggregate limit is the total insurance available for all covered claims reported within the policy period. CFRInFiCATE MnLnFR CANCFI I ATICJM ®1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD J� SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE !tit' Am THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Carson rJ /', C (T ACCORDANCE WITH THE POLICY PROVISIONS. 701 E. Carson Street 10,170,70 AUTHORIZED REPRESENTATIVE Carson CA 90745 ®1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 680-61-1712316 COMMERCIAL GENERAL LIABILITY NAMED INSURED: Westberg + White, Inc. POLICY PERIOD: 1/27/2020 to 1/27/2021 THIS ENDORSEMENT CHANGES THE POLICY_ PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION li - WHO IS AN INSURED: Any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Coverage Part, but: a. Only with respect to liability for "bodily injury", "property damage" or "personal injury'; and b. If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies, or in connection with premises owned by or rented to you. The person or organization does not qualify as an additional insured: c. With respect to the independent acts or omissions of such person or organization; or d. For "bodily injury", "property damage" or "personal injury" for which such person or organization has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows: e. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this Coverage Part. f. This insurance does not apply to the rendering of or failure to render any "professional services". g. In the event that the Limits of Insurance of the Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the insurance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance". This endorsement does not increase the limits of insurance described in Section III - Limits Oflnsurance. h. This insurance does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products - completed operations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that occurs before the end of the period of time for which the "written contract requiring insurance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 2. The following is added to Paragraph a_a. of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: The insurance provided to the additional insured is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover_ However, if you specifically agree in the "written contract requiring insurance" that this insurance provided to the additional insured under this Coverage Part must apply on a primary basis or a primary and non-contributory basis, this insurance is primary to other insurance available to the additional insured which covers that person or organizations as a named insured for such loss, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have signed that "written contract requiring insurance". But this insurance provided to the additional insured still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional insured under any other insurance. CG D3 81 09 15 Co 2015 The travelers Indemnity Company. All rights reserved. Includes the copyrighted material of Insurance Services office, Inc., with its permission Page 1 of 2 COMMERCIAL GENERAL LIABILITY The following is added to Paragraph S., Transfer 4_ The following definition is added to the Of Rights Of Recovery Against Others To Us, DEFINITIONS Section: of SECTION IV — COMMERCIAL GENERAL "Written contract requiring insurance" means that LIABILITY CONDITIONS: part of any written contract under which you are We waive any right of recovery we may have required to include a person or organization as an against any person or organization because of additional insured on this Coverage Part, payments we make for "bodily injury", "property provided that the "bodily injury" and "property damage" or "personal injury" arising out of "your damage" occurs and the "personal injury" is work" performed by you, or on your behalf, done caused by an offense committed: under a "written contract requiring insurance" with that person or organization. We waive this right a. After you have signed that written contract; only where you have agreed to do so as part of the "written contract requiring insurance" with such person or organization signed by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. b. While that part of the written contract is in effect; and c. Before the end of the policy period. Page 2 of 2 u 2015 The Travelers Indemnity Company. All rights reserved. CG D3 81 09 15 Includes the copyrighted material of Insurance Services office, Inc., with its permission NAMED INSURED: Westberg + White, Inc. POLICY NUMBER: BA -585M7605 POLICY PERIOD: 01/27/2020 to 01/27/2021 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi-fied by the endorsement. GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover -age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en-dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BLANKET ADDITIONAL INSURED B. EMPLOYEE HIRED AUTO C. EMPLOYEES AS INSURED D. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS E. TRAILERS — INCREASED LOAD CAPACITY F. HIRED AUTO PHYSICAL DAMAGE G. PHYSICAL DAMAGE —TRANSPORTATION EXPENSES — INCREASED LIMIT A.. BLANKET ADDITIONAL INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — LIABILITY COV- ERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Liability Cover- age, but only for damages to which this insurance applies and only to the extent that person or or- ganization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. B. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1.,Who Is An Insured, of SECTION II — LI -ABILITY COVERAGE: H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT —INCREASED LIMIT I. WAIVER OF DEDUCTIBLE — GLASS J. PERSONAL EFFECTS K. AIRBAGS L. AUTO LOAN LEASE GAP M. BLANKET WAIVER OF SUBROGATION performing duties related to the conduct of your business. 2. The following replaces Paragraph b. in B.5.,Other Insurance, of SECTION IV — BUSI-NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be covered "autos" you own: (1) Any covered "auto" you lease, hire,rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while perform-ing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". C. EMPLOYEES AS INSURED An "employee" of yours is an "insured" The following is added to Paragraph A.1., Who Is whileoperating a covered "auto" hired or An Insured, of SECTION If — LIABILITY COV- rentedunder a contract or agreement in that "em- ERAGE: ployee's" name, with your permission, while CA T4 20 0710 02010 The Travelers Indemnity Company. All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. SUPPLEMENTARY PAYMENTS — INCREASED D. LIMITS 1. The following replaces Paragraph A.2.a.(2) of SECTION II --- LIABILITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to fumish these bonds. 2. The following replaces Paragraph A.2.a.(4) of SECTION II — LIABILITY COVERAGE: (4) All reasonable expenses incurred by the "Insured" at our request, including actual loss of earnings up to $500 a day be -cause of time off from work. E. TRAILERS — INCREASED LOAD CAPACITY The following replaces Paragraph C.I. of SEC- TION I — COVERED AUTOS: 1. "Trailers" with a load capacity of 3,000 pounds or less designed primarily for travel on public roads. F. HIRED AUTO PHYSICAL DAMAGE The following is added to Paragraph AA., Cover -age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Hired Auto Physical Damage Coverage If hired "autos" are covered "autos" for Liability Coverage but not covered "autos" for Physical Damage Coverage, and this policy also provides Physical Damage Coverage for an owned "auto", then the Physical Damage Coverage is extended to "autos" that you hire, rent or borrow subject to the following: (1) The most we will pay for "loss" in any one "accident" to a hired, rented or borrowed "auto" is the lesser of. (a) $50,000; (b) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (c) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. (3) If a repair or replacement results in better than like kind or quality, we will not pay for the amount of betterment. (4) A deductible equal to the highest Physical Damage deductible applicable to any owned covered "auto". (5) This Coverage Extension does not apply to: (a) Any "auto" that is hired, rented or bor- rowed with a driver; or (b) Any "auto" that is hired, rented or bor- rowed from your "employee". G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence in Para -graph A.4.a., Transportation Expenses, of SECTION Ili — PHYSICAL DAMAGE COVER -AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT --INCREASED LIMIT Paragraph C.2.. Limit Of Insurance, of SEC- TION III — PHYSICAL DAMAGE COVERAGE is deleted. I. WAIVER OF DEDUCTIBLE — GLASS The following is added to Paragraph D., Deducti-ble, of SECTION III — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. J. PERSONAL EFFECTS The following is added to Paragraph AA., Cover -age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Personal Effects Coverage We will pay up to $400 for "loss" to wearing ap- parel and other personal effects which are. (1) Owned by an "insured"; and (2) In or on your covered "auto". This coverage only applies in the event of a total theft of your covered "auto". No deductibles apply to Personal Effects cover - (2) An adjustment for depreciation and physical age. condition will be made in determining actual cash value in the event of a total "loss". CA T4 20 07 10 ® 2010 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 2 of 3 COMMERCIAL AUTO The following is added to Paragraph B.3., Exclu- sions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss". L. AUTO LOAN LEASE GAP The following is added to Paragraph AA., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Auto Loan Lease Gap Coverage for Private Passenger Type Vehicles In the event of a total 'loss" to a covered "auto" of the private passenger type shown in the Schedule or Declarations for which Physical Damage Cov- erage is provided, we will pay any unpaid amount due on the lease or loan for such covered "auto" less the following: (1) The amount paid under the Physical Damage Coverage Section of the policy for that "auto"; and (2) Any: (a) Overdue lease or loan payments at the time of the "loss'; (b) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (c) Security deposits not returned by the les-sor; (d) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (e) Carry-over balances from previous loans or leases. M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI-TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex -tent required of you by a written contract exe-cuted prior to any "accident" or "loss", pro-vided that the "accident" or "loss" arises out of the operations contemplated by such con -tract. The waiver applies only to the person or organization designated in such contract. CA T4 20 0710 0 2010 The Travelers indemnity Company, All rights reserved. Page 3 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission. POLICY NUMBER: BA -585M7605 INSURED: Westberg * White, Inc. COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY_ PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies Insurance provided under the fallowing BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorse• a written contract or agreement that is signed and ment. the provisions of the Coverage Form apply executed by you before the "bodily injury" or "property unless modified by the endorsement damage' occurs and that is in effect during the policy The following is added to the Soction 1I — Uabdity period Is an 'insured" for Liability Coverage, but only Coverage, Paragraph A1_ Who Is An Insured Pro• for damages to whim this insurance applies and only vision to the extent that person or organization qualifies as an 'insurod' under the Who Is An Insured provision Any person or organization that you are required to conlained in Section If_ include as additional insured on the Coverage Form In CA TA 37 08 08 0 2008 The Trevekm Carpanies, Int. Page 1 of 1 INSURED: Westberg $ White, Inc. TRAVELERS J POLICY DATES: 01127/2020-01/27/2021 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 (00) - 001 POLICY NUMBER: UB -9.1774725 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT — CALIFORNIA (BLANKET WAIVER) 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. 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 3 % of the Califomia workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description ALL PERSONS OR ORGANIZATIONS THAT ARE PARTIES TO A CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT, PROVIDED YOU EXECUTED THE CONTRACT BEFORE THE LOSS.