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HomeMy Public PortalAboutC-18-036 - Swayzer Corporation Amendment No. 2, Landscape Maintenance for Medians, Service Roads, and SlopesAMENDMENT NO.2 TO AGREEMENT FOR CONTRACTUAL SERVICES THIS AMENDMENT NO. 2 TO THE AGREEMENT FOR CONTRACTUAL SERVICES ("Amendment No. 2") by and between the CITY OF CARSON ("City") and SWAYZER CORPORATION, a California corporation ("Contractor") is effective as of the 117 A ay of November, 2020. RECITALS A. City and Contractor entered into that certain Contract Services Agreement for landscape maintenance services dated January 18, 2018, ("Agreement") whereby Contractor agreed to provide landscape maintenance services for certain City medians, service roads, and slopes, for a three (3) year term commencing on January 1, 2018, and ending December 31, 2020 for a not -to -exceed amount of Seven Hundred Ninety -Seven Thousand Four Hundred Dollars and No Cents ($797,400.00). B. On September 1, 2018, City and Contractor amended the Agreement ("Amendment No. I") to include Additional Landscape Maintenance Services for an initial period of six (6) months from September 1, 2018, through February 28, 2019, with one (1) four-month extension option (running from March 1, 2019, to June 30, 2019), as more particularly described in Exhibit A-1 of Amendment No. 1. C. Pursuant to Amendment No. 1, the parties agreed that the Additional Landscape Maintenance Services will be performed for Thirty -Five Thousand One Hundred Seventy -Two Dollars and No Cents ($35,172.00) per month, for a total of Two Hundred Eleven Thousand Thirty -Two Dollars and No Cents ($211,032.00.00) for the initial six (6) month period. This increased the Agreement's total Contract Sum to One Million Eight Thousand Four Hundred Thirty -Two Dollars and No Cents ($1,008,432.00). D. Amendment No. 1 also provided that in the event that the four-month extension option to extend the period of the Additional Landscape Maintenance Services pursuant to Section IV of Exhibit A-1 of Amendment No. 1 were exercised, the monthly rates for the Additional Landscape Maintenance Services for the period of six (6) months from September 1, 2018, through February 28, 2019, as provided in Section 1(d) of Amendment No. 1, shall also be utilized for the four-month extension provided in Section W of Exhibit A-1 of Amendment No. 1. E. Amendment No. 1 also corrected a typographical error in Section I of Exhibit B relating to the ending date of the Agreement, by amending Section 3.4 of the Agreement accordingly to correct the typographical error. F. On November 6, 2018, City issued a change order to extend the Agreement term by an additional four (4) months at $35,172 per month for a total of $I40,688 for the four month period. However, only one (I) additional month was needed and therefore, only $35,172 was used from the change order. 01007.0006/678147.1 G. The Agreement expires December 31, 2020 but Section 3.4 of the Agreement allows the City to extend the Agreement term for three (3) consecutive one-year terms, upon delivery to Contractor of a notice of such election thirty (30) days prior to the expiration of the term. H. City and Contractor now desire to again amend the Agreement to reflect City's exercise of the first of its three (3) one-year options to extend the term of the Agreement, from January 1, 2021 through December 31, 2021, and increase the Contract Sum by $265,800, for a total Contract Sum of not to exceed $1,334,404. 1101.70 P 1. Contract Changes. The Agreement is amended as provided herein (new text is identified in bold italics, deleted text in striket#FOUgh). follows: a) Section 2.1, "Contract Sum," of the Agreement is hereby amended to read as "Subject to any limitations set forth in this Agreement, City agrees to pay Contractor 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 One Million Three Hundred Thirty Four Thousand Four Hundred Four One U- ill:,,.,_ Eight T3..-.asand Few: z..rundf:ed ThiFty T,,... Dollars and No Cents ($1,334,404.00$1,008,432- ) (the "Contract Sum"), unless additional compensation is approved pursuant to Section 1.8." b) Section 3.4, "Term," of the Agreement, is hereby amended to read as follows: "Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services and shall expire no later than ne4 e-meeeding thFee (3) years eemmeneing januafy 1, -2018, and ending December 31, 2021 -20-20-("Tern"). City may, in its sole discretion, extend the Term of this Agreement by up to two (2) consecutive one-year terms, upon delivery to Contractor of a notice of such election thirty (30) days prior to the expiration of the Term." c) Section IV. of Exhibit C, "Schedule of Compensation," of the Agreement is hereby amended to read as follows: "IV. The total compensation for all Services under this Agreement shall not exceed One Million Three Hundred Thirty Four Thousand Four Hundred Four One -ASR-11-ion Eigh T{... nd Fe Hundred T'I.iFty Two Dollars and No Cents ($1,334,404.00) as provided in Section 2.1 of this Agreement." 01007.0006/678147.1 2. Continuing Effect of Agreement. Except as amended by this Amendment No. 2, all provisions of the Agreement and Amendment No. 1 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 Contractor each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement and Amendment No. 1. 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. 1. 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. Contractor 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 Contractor that, as of the date of this Amendment No. 2, Contractor 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. 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] 01007.0006/678147.1 VaTNESS Wim'; do pis bu bmw tik. A 2 cc ti= =dyczr rc 7t:UA.--- Deacsia City C]e& APPROVED AS TO FORbE &-T� Salty lL SDitm City Ammmcy 1RJL1 tM� :• _E�' CONTRACTOR: SWAYZER CORPORATION, r,. I , ei. a, ._ : t,, de Bar_ fX L" Swayze. anciai Off = Address: Swayzer Coilmation 1665 E. Del Arno Blvd. Casson, CA 90746 Two corporate eMcer signatures regnbvd when Contractor is a cogmradDa, with one s4psatme re quhvd from ea& of the foUnwing groups: 1) Chairman of the Board, Preddcat or any Yece Prr9 t; and 2) Secretary, any Assistant Secretary, Chief Ftnnuciah OMcer or any Asastant Treasurer. CONTRACTOR'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 CONTRACTOR'S BUSINESS ENTITY. tt10o 40MISM47-1 CALIFORNIA ALL-PURPOSE 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. COUNTY OF LOS ANGELES II M o�sr'z On L 6 , 2020 before me, e V�� 4� t" pet�onaily appeared �U St'``"��t; proved to me on the basis of satisfactory evidence to be the person(ff whose names s) is/= subscribed to the within instrument and acknowledged to me that(h ttshe/they executed the same isi her/their authorized capacity4m), and that by t�i /her/thcir signatures) on the instrument the personp), or the entity upon behalf of which the person�g) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and oflicial seal. RICHARD VELASQUEZ Si nature: Notary Public - camornia g r '}( Los Angeles County C�fRRliSiiUt1 2313997 Camra. Expires Dec t3, 2023 OPTIONAL Though the data below is not required by Iaw, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) NUMBER OF PAGES ❑ GUARDIAN/CONSERVATOR ❑ OTHER SIGNER IS REPRESENTING: DATE OF DOCUMENT (NAME OF PERSON(S) OR ENTITY(IES)) SIGNERS OTHER THAN NAMED ABOVE 01007.0006/678147.1 CALIFORNIA ALL-PURPOSE 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 CAUFURNtA COUNTY OF LOS ANGELES y, QQ On 12 a , 2020 before me, fZtLV.gJ V'slm.(,burs salllyS�apocpeared SayK UR i SAMproved tome on the basis of satisfactory evidence to be the person( whose namesO is/are- subscribed to the within instrument and acknowledged to me that�she/they executed the same i yi er/their authorized capacity*-s), and that by (hi/her/their signature on the instrument the person(s7►, or the entity upon behalf of which the person( acted, executed the instrument. ! I certify under PENALTY OF PERJURY under the Iaws of the State of California that the foregoing paragraph is true and correct. WITNESS my h nd official seal. ,., { aicl+AaD vELa5QuE2 < T.r Notary Public - California Signature: _ �c _ 3 Las Angeles County x Commission o"2313997 My Comm. Expires Dec 13, 2623 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) NUMBER OF PAGES ❑ GUARDIAN/CONSERVATOR ❑ OTHER SIGNER IS REPRESENTING: DATE OF DOCUMENT (NAME OF PERSON(S) OR ENTITY(IES)) SIGNERS OTHER THAN NAMED ABOVE 01007.0006/678147.1 ACORO0 CERTIFICATE OF LIABILITY INSURANCE DATE (MMMofr YY) 12102t2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) 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 Wright, Finnegan & Carter Insurance Associates 23001 La Palma Ave, Ste 10014 Yorba Linda, CA 92887 CONTACT NAME: Rachelle Harman FAx 283-1999 Arc Ne ; (714)283-1997 AnD IHSS• rachelleh@wfcin5urance.com INSURERS AFFORDING COVERAGE NAIL / License #- Ok93616 - INSURERA: West American Insurance Co 93 BLW66694138 INSURED SwaINSURERB: DBA S is Inc DBA ox 4365r Corporation, DBA: 5wayzer's Landscapes PO Box 4365 Ohio SeCurl Insurance Co 24082 INSURER C. American Fire and Casual Co 24066 INSURER 0: Ohio Security Insurance Co 2 082 INSURERE: Carson, CA 90749 ENSURER F : COVERAGES CERTIFICATE NUMBER: 00001634-920139 REVISION NUMBER: 7 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 CONTRACTOR 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 NO TYPE OFINSURANCE ADD SUER POLICY NUMBER POLICYEFF .MID YY POLK:Y EXP MMIDDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIM&MADE FRI OCCUR Y BLW66694138 08/0812020 08/0612021 EACH OCCURRENCE s 1.000.000 DAMAGETORENTED PREMISES IEa nen S 500,000 MED EXP (Anyone person) S 15,000 PERSONAL S ADV INJURY S 1,000,000 GENLAGGREGATE LIMIT APPLIES PER: X POLICY ❑ JECaT FI LOC GENERAL AGGREGATE S 2,000,000 PRODUCTS -COMPIOPAGG S 2,000,000 I S OTHER: B AUTOMOBILE LIABILITY Y BAA66694138 12/01/2020 12101/2021 Ea a don '" LE unnrr S 1,000,000 BODILY INJURY (Par person) S ANYALIrO IX OWNED SCHEDULED X AUTOSONLY AUTOS BODILY INJURY (Per a¢idenq S HIRED -OWNED X AUTOSO ONLY A S Per. a DAMAGE S Com Coll S 500 C X UMBRELLA LIAR X OCCUR USA56694138 0810812020 08/0812021 EACH OCCURRENCE Is 4,000,000 AGGREGATE s 4,000,000 EXCESS LIAB CLAIMSMADE I DEO I X I RETENTIONS 10,000 Is WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVfr OFFICERIMEMBER EXCLUDED7 N I A TART OTH- UTE EIR E.L. EACH ACCIDENT S E.L. DISEASE -EA EMPLOYE $ (Mandatory In NH) 9) IIPTIp OF OPERATIONS below E.L. DISEASE -POLICY LIMIT S D Bus Pers Prop BKS56694138 12/01/2020 11210112021 1 Limit 19,323 D Equip Rent From BKS56694138 12/01/2020 12/01/2021 I Limit 25,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks ScMdule, may be attached H mon space Is required) CITY OF CARSON, ITS ELECTED AND APPOINTED OFFICERS, EMPLOYEES AND AGENTS ARE ADDITIONAL INSURED AND PRIMARY WORDING APPLIES PER THE BLANKET ADDISTIONAL INSURED ENDORSEMENT ATTACHED TO THE POLICY - AS REQUIRED BY WRITTEN CONTRACT. ADDITIONAL INSURED APPLIES TO AUTO LIABILITY. 30 DAY WRITTEN NOTICE OF CANCELLATION WILL BE GIVIEN TO THE CERTIFICATE HOLDER IN THE EVENT OF POLICY CANCELLATION. CERTIFICATE HOLDER CANCELLATION ASHOULD CITY OF CARSON �� ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 701 E. CARSON STREET ACCORDANCE WITH THE POLICY PROVISIONS. P.O. BOX 6234 ALITHORIZEDREPREBE TATIVE Carson, CA 90749 sZ22�2o2D t 114RMH 01988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Printed by RMH on December 02, 2020 at 05.05PM Coverage under this p•avision d. does not apply to "bod!ly injury' or "property damage" that occurred before you acquired or formed the organization 2. EMPLOYEES AS INSUREDS SECTION II - LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured is amended to include the following as an "insured": e. Any "emp'oyee" of yours while using a covered "auto" you do not own hire or borrow but orly for acts within the scope of their employment by you. Insurance provided by this endonsem6nt is excess over any other insurance available to any "employee" --.� f. Any "employee" of yours while operating an "auto" hired or borrowed under a written contract or ® agreement in that "employee's" name, with your permiss on while performing duties related to the conduct of your business and within the scope of their emplaymenL Insurance provided by this endorsement is excess over any other insurance available to the "employee". i� 3. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT i y SECTION II - LIABILITY COVERAGE, Paragraph A.1. Who Is An insured is amended to include the following as an "insured", g. Any person or organization vrrth respect to the operation maintenance or use of a covered "autd' provided that you and such person or organization have agreed In a written contract wr,tten agreement, or permit issued to you by governmental or public authority. to add such person, o- organization, or governmental or public authority to this policy as an "insured" However, such person or organization is an 'insured". (1) Only vrith respect to the operation, maintenance or use of a covered 'auto", (2) Only for "bodily injury' or "property damage" caused by an 'accident=' which takes place after you executed the written contract or written agreement, or the permit has been issued to you; and (3) On.y far the duration of that contract, agreement or permit The "insured" is required to submit a claim to any other insurer to wh!ch coverage could apply for deferse, and indemnity Unless the "insured" has agreed In writing to primary noncontributory yarding per enhancement number 24, this policy is excess over any other collectible insurance 4. SUPPLEMENTARY PAYMENTS SECTION 11 - LIABILITY COVERAGE Coverage Extensions, 2.a. Supplementary Payments Paragraphs (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) All reasonable expenses incurred by the "insured" at our request including actual loss of earnings up to $500 a day because of time off from vrork 5. AMENDED FELLOW EMPLOYEE EXCLUSION " In those jurisdictions where, by law, fellow "employees' are not entitled to the protection afforded to .he employee by the workers compensation exclusivity rule, or similar protection, the follow ng provi- sion is added. SECTION II - LIABILITY, Exclusion B.5. Fellow Employee does not apply if the "bodily Injury' results `role the use of a covered "auto" you awn or hire if you have workers compensat cri Insurance in force for ali of your "employees" at the time of "loss" This coverage is excess over any other eol!ectible insurance. SECTION III - PHYSICAL DAMAGE COVERAGE is amended as follows, 5. HIRED AUTO PHYSICAL DAMAGE Paragraph A.4. Coverage Extensions of SECTION III - PHYSICAL DAMAGE COVERAGE, Is amended by adding the following: If hired "autos' are covered "autos" for Liabi ity Coverage, and if Comprehensive, Specified Causes of toss or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you ovm, then the Physical Damage coverages provided are extended to "autos". C. 2099LIberty Mutual Insurance AC 85 43 06 18 Includes copyrighted material of Insurance Servlces Offlcce, !nc , whh Its permission. Page 2 of 7 d. This coverage does not apply unless you have a business necessity that other "autos" available for your use and operation cannot fill. e. If "loss' results from the tota= theft of a covered "auto" of the private passenger type, we wi I pay under this coverage only that amount of your rental reimbursement expenses which s not a.ready provided under Paragraph 4. Coverage Extension. f. No deductible applies to this coverage. g. The insurance provided under this extension Is excess over any other col ectible insurance If this policy also provides Rental Reimbursement Coverage you purchased the coverage provided by this Enhancement Endorsement is in addition to the coverage you purchased, i For the purposes of this endorsement prov-sion, materials and equipment do not inc ude : personal effects" as defined in provision 11.B. I 10. EXTRA EXPENSE -BROADENED COVERAGE Under SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, we will pay for the expense of returning a stolen covered "auto" to yau. The maximum amount we will pay is S1,000. 11. PERSONAL EFFECTS COVERAGE A. SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, is amended by adding the fo€low ng. It you have purchased Comprehensive Coverage on th-s policy for an "auto" you own and that "auto" is stolen we wi I pay, without application of a deductible, up to $600 for "personal effects' e� stolen with the "auto." The insurance provided urder this provision is excess over any other co lectible. insurance. B. SECTION V -DEFINITIONS is amended by adding the ro'lowing-, For the purposes of this provis.on, "personal effects' mean tangible property that is worn or carred by an 'insured." "Persona! effects' does not include tools, equipment jewelry. money or secud- ties, 12. ACCIDENTAL AIRBAG DEPLOYMENT SECTION III - PHYSICAL DAMAGE COVERAGE, B. Exclusions is amended by adding the following. If you have purchased Comprehensive or Coil sion Coverage under this policy, the exclusion for "loss" resat ng 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, the agree to pay any deductible applicable to the other coverage o - warranty. 13. PHYSICAL DAMAGE DEDUCTIBLE -VEHICLE TRACKING SYSTEM SECTION III - PHYSICAL DAMAGE COVERAGE, D. Deductible, is amended by adding the following. Any Comprehensive Deductible shown n the Declarations will be reduced by 50% for any 'loss' caused by theft if the vehicle is equipped with a vehicle track -ng dev ce such as a radio tracking device r or a global position device and that device was the method of recovery of the vehicle 14. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION III - PHYSICAL DAMAGE COVERAGE, B. Exclusions, Paragraph a. of the exception to exclu- sions 4.c. and 4.d. is deleted and replaced with lie folovring Exclusions 4.c, and 4.d. do not apply to. a. Electronic equipment that rete ves or transmits audio. visual or data signals, whether or not de- s'gned solely for the reproduction of sound, f the equipment is - (1) Permanently installed in the covered "auto" at the time of the "loss" or removable from a housing unit that is permanently installed .n the covered "auto and (2) Designed to be solely operated by use from the power from the "auto's" electrical system, and (3) Physical damage coverages are provided for the covered "auto". If the "loss" occurs solely to and o, 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. 0 20181.1berty Mutual 'insurance AC 85 43 06 18 Includes copyrighted material of Insurance Services Office, Inc,with Its permission. Page 4 of 7 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" is in the charge of any person or organization engaged in the automobile business. 18. TWO OR MORE DEDUCTIBLES Under SECTION III - PHYSICAL DAMAGE COVERAGE, if two or more company policies or coverage farms apply to the same "accident" the following applies to Paragraph D. Deductible : a. If the applicable Business Auto deductible is the smaller (or smallest) deductible, it will be waived; or b. If the applicable Business Auto deductible is not the smaller (or smallest) deductible , it will be reduced by the amount of the smal er (or smallest) deductible- or c. if the "lossf' involves two or more Business Auto coverage forms or policies, the smaller (or aea*a smal:est) deductible will 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 - 19. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV- BUSINESS AUTO CONDITIONS, Paragraph B.2. is amended by adding the following' MEN If you wiintentionally fail to disclose any hazards, exposures or material facts existing as of the incep- tion 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 vie have the right to collect additional premium for any such hazard or exposure. 20. 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 follow- ing: a. In the event of "accident", claim "cult" or "loss", you must promptly notify us when it is 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 Famed Insured to give such notice, J you are a corporation, To the extent possible; notice to us should include, (a) How, when and where the "a-cident" or ' loss" took place; (b) The "insured's" name and address, and (c) The names and addresses of any injured persons and wi,nesses 21. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV - BUSINESS AUTO CONDITIONS , Paragraph A.6. Transfer Of Rights Of Recovery Against Others To Us, is amended by the addition of the following If the person or organization has in a written agreement waived those rights before an "accident" or "loss'. our rights are waived also 22. HIRED AUTO COVERAGE TERRITORY SECTION IV - BUSINESS AUTO CONDITIONS , Paragraph B2. 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 Rica or Canada or in a settlement we agree to. 1' 2018Llberty Mutual Insurance AC 35 43 06 18 Includes copyrighted material of Insurance Services Office, - nc , with Its permission. Page 6 of 7 Policy: BLW566.94138 COMMERCIAL GENERAL LIABILITY CG 88 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following, COMMERGIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT PAGE L NON.OWNED AIRCRAFT 2 NON -OWNED WATERCRAFT 2 PROPERTY DAMAGE LIABILITY - ELEVATORS 2 EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B 3 ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 3 PRIMARY AND NON-CONTRIBUTORY- ADD1710NAL INSURED EXTENSION 6 ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" 6 WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORSIMALPRACTICE AND WHO IS AN INSURED -FELLOW EMPLOYEE EXTENSION -MANAGEMENT EMPLOYEES 6 NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 5 KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT 7 LIBERALIZATION CLAUSE 7 BODILY INJURY REDEFINED 7 EXTENDED PROPERTY DAMAGE 8 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - 8 WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU 0 20131-iti"' NUtual Insurance CG 88 10 04'13 Includesanpyrigh1sd rrratarial or Insurance Service&Off ca, Inc-,vAth Itspermission Page 1 of 8 b. The last pAragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, 'lightning, explosion, smoke or leakage from automatic fire protection .systems to premises while rented to you or temporarily occupied by you with permission of the owner_ A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III - Limits Of Insurance. 2. Paragraph 6, under Section III - Limits Of Insurance is replaced by the following, 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to: a. Any one premise: �... {i) While rented to you: or (2) While rented to you or temporarily Occupied by you with permission of the owner far damage by fire, lightning, explosion, smoke or leakage from automatic protection Sys- tems: or b. Contents that you rent or lease as part of a premises rental or lease agreement 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) -Paragraph 9.a. of Definitions Is replaced with the following: S.a. ,A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by tire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupled by you with the permission of the owner. or for damage to contents of such premises that are Included in your premises rental or lease agreement, is not an 'Insured contract." E. MEDICAL PAYMENTS EXTENSION a if Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows.- Under ollows:Under Paragraph 1. insuring Agreement of Section I - Coverage C - Medical Payments, Subparagraph Mpg Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident, and F. EXTENSION OF SUPPLEMENTARY PAYMENTS -COVERAGES A AND B 1. Under Supplementary Payments -Coverages A and B, Paragraph 1.b. is replaced by the following: b. Up to $3,000 for coal of bad bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies We do not have to furnish these bonds 2. Paragraph 1.d. is replaced by the following - d. All reasonable expenses incurred by th6 insured at our request to assist us in the investigation or defense of the claim or "suit', including actual loss of earnings up to $SOO a day because of time off from work " G. ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under Section II - Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract: written agreement or permit Such person or orgarization is art additional insured but only with respect to liability for "bodily injury'-, "property damage" or "personal and advertising injury" caused in whole or In part by a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your ,on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily Injury" or "property damage" occurs, or the "per- sonal and advertising irijury" is committed, subsequOnt to the sigh -rig of such written contract or written agreement: or 0 2013Lberty'Munual Insuranca CG 88 10 04 13 Includescopyrightm! insterial of Insurance ServicesOflea, Inc -,with itspermission Page 3 of 8 2. With respect to the Insurance provided by this enrorsement, the following are added to paragraph 2 - Exclusions Exclusions under Section I - Coverage A -Bodily Injury And Property Damage Liability: This insurance does not apply to' a. "Bodily injuty" or 'proporty damage" arising from the sole negligence of the additional insured. Is. "Bodily injury" or "property damage" that. occurs prior to you commencing operations at the location where such "bodily injury" or "property damage' occurs_ c. "Bodily injury', "properly damage" or "personal and advertising injury" arising out of the render - ,ng of, or the failure to render, any professional architectural, engineering or surveying services, including: ..�� (1) The preparing. approving, o- failing to prepare or approve. Maps, shop drawings. opinions reports, surveys, field orders, change orders or drawings and specifications; or i (2) Supervisory, inspection, architectural or engineering activities This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, 'employment. training or monitoring of others by that insured, If the, "occur- rence" which caused the "bodily injury" or "property damage`, or the offense which caused the "personal and itdvertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services, d. "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 insureds) 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 saline project, e- Any person or organization specifically designated as an additional Insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is- sued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement; the most we will pay on behalf of the additional Insured is the amount of Insurance, a. Required by the contract or agreement; or b. Available under the applicable limits of Insurance shown in the Declarations: V whichever is less r This endorsement shall not increase the applicable L;mits of Insurance shown in the Declarallo ns. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional .nsured under any form or endorsement under this policy Condition 4. Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as follows, a. The following Is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision .making its policy excess, and you have agreed in a written contract or written agreement to provide the additional :nsured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover, 6 2013Lb" Mutual Insurance CO 88 18 04 13 Includes copyrighted material or Insurance Services Of3cs, Inc., Wth its permission Page 5 of it advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury", or caused in whole or in part by their intoxica- tion by litiuor or controlled substances_ The coverage provided by provision J. is excess over Any other valid and collectable insurance available to your "employee"_ K. NEWLY FORMED ORADDITIONALLY ACCIUIRED ENTITIES Paragraph 3. of Section II - Who. Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, wi'I qualify as -a Named Insured if there is no other similar insurance available to that organization. However, a Coverage under this provision is afforded only until the expiration of the policy period in .�.� which the entity was acquired or formed by you, b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage 8 does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or tanned the organization_ d. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint d venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an -nsured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV - Commercial General Liability Conditions, the following is added to Condition G. Repre- sentations: n Your failure to disclose al[ hazards or prior "occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such Failure to disclose all hazards or prior "occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV - Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an "occurrence", offense, claim or "suit" by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph t. of Section II - Who Is An Insured or a person who has been designated by thein to receive reports of "occurrences", offenses., claims or "suits" shall have received such notice from the agent, servant or "employee" s V N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy +brill automatically provide the coverage as of the day the revision is e effective in your state. d. BODILY INJURY REDEFINED Under Section N - Definitions, Definition 3. is replaced by the foliotving'. 3. "Bodily Injury" means physical injury, sickness or disease sustained by a person This includes mental anguish, mental Injury. shock, -fright or death that results from such physical injury, sick- ness or disease. � -2613 Lik�erlyMua�af Insurance CO 88 10 04 13 Includes evpyrighted material of Insurance Servicas Offica, Inc.,vAth its permission Page 7 of 8 tprjdzS CB8677' 5249 COMMERCIAL AUTO AC 65 43 85 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA 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. If the policy to winch this endorsement is attached also contains a Business Auto Coverage Enhancement Endorsement Wth a specific state named in the title, this endorsement does not apply to vehicles garaged In that specified state. COVERAGEiNDEX SUBJECT PROVISION NUMBER ACCIDENTAL AIRBAG DEPLOYMENT 12 ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT 3 AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 20 AMENDED FELLOW EMPLOYEE EXCLUSION 5 AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 14 BODILY INJURY REDEFINED 24 EMPLOYEES AS INSUREDS (Including Employee Hired Auto) 2 EXTRA EXPENSE -BROADENED COVERAGE to GLASS REPAIR- WAIVER OF DEDUCTIBLE 16 HIDED AUTO COVERAGE TERRITORY 22 HIRED AUTO PHYSICAL DAMAGE (Including Employee Hired Auto) 6 LOAN / LEASE GAP {Coverage Not Avallable In New York} 15 NEWLY FORMED OR ACQUIRED SUBSIDIARIES 1 PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) 17 PERSONAL EFFECTS COVERAGE 1i PHYSICAL DAMAGE : ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 8 PHYSICAL DAMAGE DEDUCTIBLE -VEHICLE TRACKING SYSTEM 13 PRIMARY AND NON-CONTRIBUTORY -WRITTEN CONTRACT ORVVPJTTEN AGREEMENT 23 RENTAL REIMBURSEMENT 9 SUPPLEMENTARY PAYMENTS 4 TOWING AND LABOR 7 TWO OR MORE DEDUCTIBLES is UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 19 WAIVER OF TRANSFER OF RIGHTS OF RECOVERYAGAINST OTHERS TO US 21 SECTION 11 - LIABILITY COVERAGE is amended as follows, 1. NEWLY FORMED ORACQUIRED SUBSIDIARIES SECTION II - LIABILITY COVERAGE, Paragraph A.I. Who Is An Insured is amended to include the fbIlowing as an "insured d. Any legally incorporated subsidiary of which you awn more than 50 percent interest during the policy period. Coverage Is afforded only for 90 days from the date of acquisition or formation. 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 except a policy written specil'icall y to apply In excess of this policy; or (3) Has exhausted Its Limit of Insurance or had its policy terminated under any other automobile policy. 2016LWrty Mutual Insurance AC 86 43 06 18 Includes topyrightad material of Insurance Sorvicac Offica, Inc, With Its pwnikdon. Page 1 of 7 a. You hire, rent or borrow; or 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 Weinessr subject to the following limit and deductible. a. The most we will pay for °loss" In any one "accident" or "lose is the smallest of (I) '550,000: 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 $1,0011 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" or any member of ,your "employee's" household Coverage provided under this extension is excess over any other collectible insurance available at the time of "loss". 7. TOWING AND LABOR SECTION 111 - PHYSICAL DAMAGE COVERAGE, paragraph A.2. Towing , is amended by the addition of the fallowing: 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 disabled' a. For private passenger type vehicles, we will pay up to $75 per disablement. b. For "light trucks", we will pay up to $7a per disablement. "Light trucks" are trucks that have a gross vehicle weight (GVW) of 10,000 pounds or less_ c. For "medium trucks", we wilt pay up to S150 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 pace of disablement 8. PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a. Coverage Extensions, Transportation Expenses of SECTION III - PHYSICAL DAMAGE COVERAGE, is amended to provide a limit of S50 per day and a maximum I.,mit of S1,500. 9. RENTAL REIMBURSEMENT SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, is amended by adding the following. a. We will pay up to S75 per day for rental reimbursement expenses incurred by you for the rental of an "auto" because of "accident" or 'loss" to On "aiito" for which we also pay a "loss" under Comprehensive, Specified Causes of Loss or Collision Coverages. We Ovral pay only for those ex- penses incurred after the first 24 hours foiloiving the "accident" or "loss" to the covered "auto." b. Rental Reimbursement requires the rental of a comparable or lesser vehicle, which in many cases may be substantiatty less than 575 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". This limit Is excess over any other collectible insurance 0 2018-iba-ty MuAial insurance AC 86 43 06 18 Includas ropyrightod matiar6i of Insurance Services Often, Inc., vAth its permission- Page 3 of 7 V 15. LOAN f LEASE GAP COVERAGE (Not Applicable In New York) A. Paragraph C. Limit .Of Insurance of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by adding the Movsiing; 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. he_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 abnormal wear and tear; c. Costs for extended warranties. Credit Lite Insurance, Health, Accident or Disability insur- ance 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 Ions" of a covered "auto g. Security deposits not refunded by a lessor; h. All refunds payable or paid to you as a result of tate early termination of s 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 -DEFINITIONS is changed by adding the fo:iowing- As used in this endorsement provision, the fnllowing definitions apply. 'Total loss" means a "loss' in which the Cost of repairs plus th6 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 targe flna� payment 16. GLASS REPAIR- WAIVF_R OF DEDUCTIBLE Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following-. No deductible applies to glass damage if the glass is repaired rather than replaced. 17. PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION III - 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 1010D0 lbs. or less 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. 40 20181LRmly Mutual Insurance AC 85 43 06 18 Includos copyrighted material or InGuranca Services Office, Ine., waft its perniiseion_ Page 5 of 7 V This extension of coverage does not apply to an "auto" hired, leased, rented or harrowed with a driver. 23. PRIMARY AND NON-CONTRIBUTING IF REQUIRED BY WRITTEN CONTRACT OR WRITTEN AGREE- MENT The following is added to SECTION IV - BUSINESS AUTO CONDITIONS, General Conditions, B.S. Other Insurance and supersedes any provision to the contrary This Coverage Form's Covered Autos Liability Coverage Is primary to and will not seek contribution front any other insurance available to an "insured" under your policy provided that 1. Such "insured' is a Named Insured under such other insurance; and 2. You have agreed in a larttten contract or written agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured" SECTION V - DEFINITIONS is amended as follolms: 24. BODILY INJURY REDEFINED Under SECTION V -DEFINITIONS , Definition C. is replaced by the following: "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 tini e, 0 20181-8 Arty Mutual Insurance AC 85 43 06 18 Includes copyri htad manarial of Insurance 5arvlcas pf5ca, Inc, Wth Its permission page 7 of 7 -°►M V CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDrYYYY) 10/12/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) 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 FONTArT NAME: Automatic Data Processing Insurance Agency, Inc. Automatic Data Processing Insurance Agency, Inc. PH NN Ext , 1-800-524-7024 uc Ne E-MAIL ADDRESS: INSURER[Sj AFFORDING COVERAGE NAIC# 1 Adp Boulevard INSURER A: NorGUARD Insurance Company 31470 Roseland NJ 07068 INSURED Swayzer Corporation INSURER 8: INSURER C AUTOMOBILE INSURER D DBA. Swayzer Landscapes INSURER E: 1665 E. Del Amo Blvd INSURER F Carson CA 90746 COVERAGES CERTIFICATE NUMBER: 1695616 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. ILTR TYPE OF INSURANCE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN POLICY NUMBER MMIDDIYYYFIf MMIDDIYYYY LIMITS AUTHORIZED REPRESENTATIVE 1 �l COMMERCIAL GENERAL LIABILITY CLAIMS -MADE F� OCCUR GEN'L AGGREGATE LIMIT APPLIES PER POLICY E] JEC4 0 LOC OTHER: I EACH OCCURRENCE S PREMISES Ea O=rrence S MED EXP ?Any one person) S PERSONAL d ADV INJURY S GENERAL AGGREGATE S PRODUCTS, COMPIOP AGG S S AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON-0MMED AUTOS ONLY HAUTOS ONLY Ea accJdent S BODILY INJURY (Per person) S BODILY INJURY (Per accideni) S PROPERTY A S jPer accident) S UMBRELLALIAB EXCESS LIAS OCCUR CLAIMS•MADE EACH OCCURRENCE S AGGREGATE S DEO F I RETENTIONS S A WORKERS COMPENSATION AND EMPLOYERS LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUC M (Mandatory In NH) II Yes, describe under DESCRIPTION OF OPERATIONS below NIA Y I SWWC139132 05/1612020105/1612021 STATUTE ER E.L EACH ACCIDENT $ 1,000.000 E L. DISEASE - EA EMPLOYE s 1,000,000 E L DISEASE - POLICY LIMIT S 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (ACORD 10f, Additional Remarks Schedule, may be attached If mon space Is required) This certificate of insurance includes a Waiver of Subrogation in favor of the Certificate holder. CERTIFICATE HOLDER CANCELLATION ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY OF CARSON ACCORDANCE WITH THE POLICY PROVISIONS. 701 E. CARSON ST„ AUTHORIZED REPRESENTATIVE 1 �l PO Box 6234 Carson CA 90749 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD V) 0 W t--� 441046e 610int,00010 I As an insurer, we recognize that one of the best ways to protect our ALI policyholders is by helping to prevent losses from occurring. While all claims cannot be eliminated (accidents happen!), certain proactive loss control measures can reduce the likelihood or the frequency/severity of occurrences. In other words, safety really does matter. At Berkshire Hathaway GUARD, we offer a wide range of loss control resources and professional support at no additional charge. From online safety videos and downloadable educational Flyers to risk -management help lines and policy -specific recommendations, we can help "a little" or "a lot" depending upon the need and level of interest from our policyholders and their agent. On -Line Resources Self-help tools available from our Agency and Policyholder Service Centers (accessible via www.guard.com) include: First Aid - Until Help Arrives 1 Handling A sexual Harassment Investigation .iP MP f Property Management Sarety - Resident Safety Contact Us! 570-825-9900 x. 1475 losscontrol@guard.com r V A large library of loss control videos (350 to be exact!) that can be streamed online and provide valuable advice on workplace safety, human resources issues, property management, driver safety, and more. Dozens of educational flyers and posters — most available in English and Spanish. A "Do -It -Yourself" Workers' Comp Loss Control Program Guide designed for smaller businesses and complete with easy-to-use accident investigation reports, hazard surveys, safety do's/don't's, and more. Customized Plans For larger and more complicated accounts, the scope of our loss control efforts can encompass a number of activities such as regular risk -management consultations, analysis of loss data to review past Incidents and identify recurrent patterns, assistance with recommendations, and help with implementing a formai safety committee or return -to -work program. Professional Support/Help Lines Need assistance getting started? Simply contact our expert Loss Control Unit at 570-825-9900 x. 1475 or losscontrol@guard.com with questions related to Workers' Comp, Property/Liability, or Commercial Auto coverage. Specialized help lines are also available for those seeking advice about Professional Liability issues. (Visit our Agency/Policyholder Service Centers for details.) ;@151VBerkshire Hathaway Insurance `::GUARDCompanies 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 484) 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 under 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 1.05 _% of the California workers' compensation premium otherwise due on such remuneration. Person or Organization City of Carson West Basin Municipal Water District City of Gardena City of Hermosa Beach City of Manthattan Beach City of Malibu Culver City Unified School District Schedule Job Description Landscape maintenance Landscape Maintenance Landscape Maintenance Landscape Maintenance Landscape Maintenance Landscape Maintenace Landscape Maintenance This endorsement changes the policy to which it is attached and Is effective on the date Issued unless otherwise stated. (The information below is required only when this endorsement Is issued subsequent to preparation of the policy.) Endorsement Effective Insured Policy No. SWWC139132 Insurance Company Countersigned By Endorsement No. 01998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved.