HomeMy WebLinkAboutFamily Tree Service 2020-07-18 COU 1920-264 TEMPORARY LICENSEAGREENIENT City of Ukiah ("Licensor"), hereby grants to Family Tree Set-vice, Inc., a corporation ("Licensee"), a temporary License to use the Licensed Site located at 1320 Airport Road, Ukiah, California 95482 in connection with Licensee's performance of its contract with Mendocino County Fire Safe Council. The purpose for the License is: (a) to use a section of the lot directly north of the City's Corporation Yard, located at 1320 Airport Road, Ukiah cis a working, laydbim and staging area, including the right to park vehicles belonging to the Licensee, its employees and contractors; the right to locate portable restrooms and construction equipment thereon. The area(s)designated above is hereafter referred to as"Licensed Premises". 1. Term - The term of this LICENSE shall be for a period of two (2) months commencing on June 18, 2020 and shall terminate on August 18, 2020. Licensee shall have the opportunity, subject to the terms herein, to extend the term of this LICENSE for up to three (3) months, with written approval from Licensor. 2. Ingress/Egress,Fencing-During the term of this instrument,Licensee shall have the right to use the Licensed Premises, along with the right of ingress and egress thereto. Licensee shall have the further right to erect and maintain temporary fencing and gates with a locking device to enclose the Licensed Premises and shall remove such fencing and gates at the end of the term of this LICENSE. 3. Indemnification — In addition to the insurance requirements in Section 7, Licensee shall indemnify and defend Licensor and its officers and employees for and against any damage,cost,liability, demand or claim arising from the use by Licensee of the Licensed Premises pursuant to this License. The defense shall be furnished by Licensee upon written notice from Licensor that it has received a demand or claim for which Licensor is entitled to a defense under this Section 4. The choice of legal counsel to defend Licensor is subject to approval by Licensor which shall not be unreasonably withheld or delayed. Licensee shall pay all costs of the legal defense, including, but not limited to, the fees of attorneys, investigators, experts, consultants and other professionals and all other litigation expenses. Licensee shall not be required to indemnify and defend Licensor for claims or demands caused by the condition of the Licensed Premises, but Licensee warrants that it has had an adequate opportunity to inspect that property, has satisfied itself as to its condition and waives and releases Licensor and its officers and employees from liability for any damage to Licensee, its equipment or other property or to its officers, employees, agents, contractors or subcontractors caused by any condition of said property. 4. Compliance with Laws - In exercising the rights granted under this License, Licensee shall comply with all laws, ordinances, and regulations pertaining to its use. Licensee is required under State and local law to re-stabilize any disturbed project location in order to control soil erosion and sediment runoff, in accordance with applicable project permits. Interpretation and enforcement of the LICENSE shall be governed by the laws of the State of California. 5. Restoration - Upon completion of its work, Licensee shall repair and mitigate any damage and restore the Licensed Premises to a condition as nearly as practicable to its condition prior to its use by Licensee.Licensee shall remove all personal property. 1 of 5 6 . Insurance- Licensee shall provided insurance as set forth in the attached Exhibit A . 7 . Entire Agreement - This LICENSE supersedes all previous oral and written agreements between and representation by or on behalf of the parties and constitutes the entire agreement of the parties with respect to the subject matter hereof. 8 . Authority of Signatory - Each party to this LICENSE warrants to the other that it has the right and authority to enter into and consummate this Temporary Easement and all related documents . 9 . Successors , Heirs , and Assigns -The Rights provided for herein shall inure to successors , heirs and assigns of the respective parties hereto , and all covenants shall apply to and run with the land . 10 . Execution in Counterparts - This LICENSE may be signed in identical counterpart copies, (including copies sent to a party by facsimile transmission or as a "pdf ' file attached to an electronic mail transmission) each of which shall be an original, but all of which taken together shall constitute one and the same agreement. Remainder of page intentionally left blank; signature page to folloiv, 2 of 5 WITNESS WHEREOF, the parties have executed this instrument as of the date set forth below each signature,effective upon the date first written above. Dated this day of 2024) LICENSEE By: _.... Name: Its: ®ter e Date: � -7 _ LICENSOR By: Name: Sage Sangiacomo Its: City Manager Date: 06-17-2020 3 of 5 Exhibit A INSURANCE REQUIREMENTS FOR CONTRACTORS Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents , representatives , employees or subcontractors . I . Minimum Scope of Insurance Coverage shall be at least as broad as . A . Insurance Services Office Commercial General Liability coverage (Form No . CG 20 10 10 01 and Commercial General Liability — Completed Operations Form No . CG 20 37 10 01 ) . B . Insurance Services Office form number CA 0001 (Ed . 1 /87) covering Automobile Liability, code 1 (any auto) . C . Worker ' s Compensation insurance as required by the State of California and Employer ' s Liability Insurance . II . Minimum Limits of Insurance Contractor shall maintain limits no less than : A . General Liability : $ 1 , 000 , 000 per occurrence for bodily injury , personal injury and property damage including operations , products and completed operations . If Commercial General Liability Insurance or other form with a general aggregate limit is used , either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit . Insurance must be written on an occurrence basis . B . Automobile Liability : $ 1 , 000, 000 per accident for bodily injury and property damage . Insurance must be written on an occurrence basis . C . Worker ' s Compensation Employer ' s Liability : $ 1 , 000 , 000 per accident for bodily injury or disease . III . Deductibles and Self-Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by the City . The City may require the insurer to reduce or eliminate such deductibles or self-insured retentions with respect to the City, its officers , officials , employees and volunteers ; or the Contractor to provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations , claim administration and defense expenses ; or to approve the deductible without a guarantee . IV . RE, Insurance Provisi E ons Proof of general liability and automobile liability policies are to contain , or be endorsed to contain , the following provisions : A . The City , its officers , officials , employees, and volunteers are to be covered as ADDITIONAL INSURED with respect to liability arising out of automobiles owned , leased , hired or borrowed by or on behalf of the contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials , parts or equipment, furnished in connection with such work or operations . General liability coverage can be provided in the form of an endorsement to the Contractor ' s insurance , or as a separate owner ' s policy . 4 of 5 B . The workers ' compensation policy is to be endorsed with a waiver of subrogation . The insurance company , in its endorsement, agrees to waive all rights of subrogation against the City, its officers , officials , employees and volunteers for losses paid under the terms of this policy which arises from the work performed by the named insured for the City . NOTE : You cannot be added as an additional insured on a workers ' compensation policy . C . For any claims related to this project, the Contractor ' s insurance coverage shall be primary insurance with respect to the City , its officers , officials , employees , and volunteers . Any insurance or self- insurance maintained by the City , its officers , officials , employees , or volunteers shall be in excess of the Contractor ' s insurance and shall not contribute with it . D . Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party , except after thirty (30) days ' prior written notice by certified mail , return receipt requested , has been given to the City . E . Note : (This protects the Contractor) - Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of Civil Code . V . RATING - Acceptability of Insurers Insurance is to be placed with admitted California insurers with a current A . M . Best ' s rating of no less than A - for financial strength , AA for long-term credit rating and AMBmI for short-term credit rating . VI . Verification of Coverage Contractor shall furnish the City with original certificates and amendatory endorsements affecting coverage required by this clause . The endorsements should be on forms provided by the City. If endorsements are on forms other than the City ' s forms , those endorsements or policies must provide coverage that is equivalent to or better than the forms requested by the City . All certificates and endorsements are to be received and approved by the City before work commences . The City reserves the right to require complete , certified copies of all required insurance policies , including endorsements affecting the coverage required by these specifications at any time . VII . Subcontractors Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor . All coverage for subcontractors shall be subject to all of the requirements stated herein . 5 of 5 ��"l FAMITRE -05 GCHO d04410OR"'` CERTIFICATE OF LIABILITY INSURANCE FDATE (MMIDDIYYYY) �� 4/24/2020 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( 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). PRODUCER License # 0757776 CONTACT Iris Garcia-Cuellar NAME: Santa Barbara , CA - HUB International Insurance Services Inc . PHONE , Ext): ( 805) 618-3704 PO No PO Box 3310 --- -- --- -- ) Santa Barbara, CA 93130 =3310 En'DRESS: iris . garcia-Cuellar@hubinternational . com —i INSURERS AFFORDING COVERAGE NAIC # INSURER A : NOVA 'Casualty Company 42552 INSURED INSURER B : Benchmark Insurance -Company _ 41394 Family Tree Resource, Inc. INSURER C : Century-Surety Company 36951 PO Box 1501 INSURER D : Laytonville, CA 95454 -- — INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER : REVISION NUMBER : THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN , THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES . LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LT NSD WVD MIDD Y ID A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE_ _ $ 11000 , 000 CLAIMS-MADE ❑X OCCUR X X ARBML1000048000 11 /15/2019 11 /15/2020 DAM AGETO(Eaoccurrence $ 300, 000 MED EXPAAny oneperson) $ 10, 000 PERSONAL & ADV INJURY $ 1 , 0000000 GEN'L AGGREGATE LIMIT APPLIES PER : GENERAL AGGREGATE $ 21000 , 000 X POLICY PE� LOC PRODUCTS - COMP/OPAGG $ 21000 , 000 OTHER: $ A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT I , 000 , 000 (Ea accident) ANY AUTO X ARBML1000048000 11 /15/2019 11 /15/2020 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY X AUTOS BODILY INJURY JPer accident $ _ X AUTOS ONLY X A�TOS ONLY PeOr acatlent AMAGE $ A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 51000, 000 EXCESS LIAB CLAIMS-MADE ARBUM1000024600 11 /15/2019 11 /15/2020 AGGREGATE $ 5, 000, 000 DED X RETENTION $ % 000 $ B WORKERS COMPENSATION X AND EMPLOYERS' LIABILITY STATUTE EORH __ tCST5017816E. L. EACH ACCIDENT $11 /15/2019 11 /15/2020 19000 , 000 ANY PROPRIETOR/PARTNER/EXECUTIVE Y X _ OFFICER/MEMBER ❑EXCLUDED? N / A (Mandatory in NH) E. L. DISEASE - EA EMPLOYEE i $ 1 ' 000 , 000 If yes, describe under 11000, 000 DESCRIPTION OF OPERATIONS below E. L. DISEASE - POLICY LIMIT $ C Excess Liability CCP865019 11 /15/2019 11 /15/2020 Aggregate 5, 0003000 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (ACORD 101 , Additional Remarks Schedule, may be attached if more space Is required) The City of Ukiah , its officers , officials , employees and volunteers are included as Additional Insured with regard to the General Liability when required by a written contract, per the attached endorsement forms AGL2029 1118 & CG2037 04/13 . Waiver of Subrogation applies with regard to the General Liability policy when required by a written contract, per the attached endorsement forms AGL2029 1118 . Waiver of Subrogation applies with regard to the Auto Liability policy when required by a written contract, per the attached endorsement forms ACA00230512 . SEE ATTACHED ACORD 101 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE of Ukiah THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City ACCORDANCE WITH THE POLICY PROVISIONS, 300 Seminary Avenue Ukiah, CA 95482 AUTHORIZED REPRESENTATIVE -PRESENTATIVE ACORD 25 ( 2016/03) © 1988-2015 ACORD CORPORATION . All rights reserved . The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID : FAMITRE -05 GCHO Aram U ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY License # 0757776 NAMED INSURED anta Barbara, CA - HUB International Insurance Services Inc. Family Tree Resource, Inc . PO Box 1501 POLICY NUMBER Laytonville, CA 95454 EE PAGE 1 CARRIER NAIC CODE EE PAGE 1 SEE P 1 EFFECTIVE DATE : SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE : Certificate of Liability insurance Description of Operations/Locations/Vehicles : Waiver of Subrogation applies with regard to the Worker' s Compensation policy when required by a written contract, per the attached endorsement forms WC040306 . Primary & Non -Contributory wording applies with regard to the General Liability & Auto Liability policy when required by a written contract, per the attached endorsement forms AGL2029 1118 & ACA002305120 30 day Notice of Cancellation shall be provided by the General Liability carrier - form to follow upon issuance by carrier. ACORD 101 (2008/01 ) © 2008 ACORD CORPORATION . All rights reserved . The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY EXTRA ENDORSEMENT - CALIFORNIA This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY COVERAGE PART A . SECTION I — COVERAGES , COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph 2 . Exclusions is amended as follows : 1 . EXPECTED OR INTENDED INJURY EXTENSION Paragraph a . Expected Or Intended Injury is deleted and replaced by the following : a . " Bodily Injury" or " property damage" expected or intended from the standpoint of the insured . This exclusion does not apply to " bodily injury" or " property damage" resulting from the use of reasonable force to protect persons or property . 2 . NON -OWNED WATERCRAFT EXTENSION Subparagraph (2) of g . Aircraft, Auto Or Watercraft is deleted and replaced by the following : (2) A watercraft you do not own that is : a . Less than 52 feet long ; and b . Not being used to carry persons or property for a charge; This provision applies to any person who , with your consent, either uses or is responsible for the use of a watercraft. This insurance is excess over any other valid and collectible insurance available to the insured whether primary , excess , or contingent. 3 . PROPERTY SOLD OR ABANDONED BY YOU Subparagraph (2) of j . Damage To Property is deleted and replaced by the following : (2 ) Premises you sell , give away , or abandon , if the " property damage" arises out of any part of those premises , and occurred from hazards that were known by you or should have reasonably been known by you at the time the property was sold , given away or abandoned . 4 . The last paragraph of 2 . Exclusions is deleted and replaced by the following : Exclusions c . through n . do not apply to damage to premises while rented to you , or temporarily occupied by you with the permission of the owner , when the damage is caused by fire , lightning , explosion , smoke or leaks from automatic fire protective systems . A separate limit of insurance applies to this coverage as described in SECTION III — LIMITS OF INSURANCE . B . ADDITIONAL INSUREDS 1 . SECTION II — WHO IS AN INSURED is amended to include , as an additional insured , any person (s) or organization (s) for whom a written contract or written agreement between you and such person ( s) or organization (s) exists and requires such person (s) or organizations (s) to be added as an additional insured to your Policy . This additional insured status applies to liability because of " bodily injury" , " property damage" , or " personal and advertising injury" , but shall not apply to any independent acts or omissions of such person or organization who qualifies as an additional insured . a . This endorsement applies only if the written contract or written agreement is : ( 1 ) Currently in effect or becomes effective during the term of this Policy ; and (2) Executed prior to the " bodily injury" , " property damage" , or " personal and advertising injury" . b. The insurance afforded to such additional insured only : ( 1 ) Applies to the extent permitted by law; and (2) Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured . 2 . The insurance provided to the additional insured by this endorsement applies as follows : a. The person (s) or organization (s) is an additional insured but only for liability caused , in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: ( 1 ) In connection with premises owned by or rented to you ; or (2 ) In the performance of your ongoing operations . AOL20291118 Includes copyrighted material of Insurance Services Office , Inc. , Page 1 of 4 with its permission . INSURED COMMERCIAL GENERAL LIABILITY b . If the additional insured is an architect , engineer, or surveyor, this insurance does not apply to " bodily injury" , " property damage " or " personal and advertising injury" arising out of the rendering of or failure to render any professional services including : ( 1 ) The preparing , approving , or failing to prepare or approve maps , drawings , opinions , reports , surveys , change orders , designs or specifications ; or (2) Supervisory, inspection , or engineering services . 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 "occurrence" which caused the " bodily injury" or " property damage" , or the offense which caused the "personal and advertising injury involved the rendering of or the failure to render any professional services by or for you . c . If the additional insured is a lessor of equipment , this insurance only applies to liability caused , in whole or in part, by your maintenance , operation or use of equipment leased to you by such additional insured and does not apply to any " occurrence" which takes place after the equipment lease expires . d . If the additional insured is a state or governmental agency or political subdivision and has issued a permit in connection with premises you own , rent , or control , this insurance applies only with respect to the following hazards for which the state or political subdivision has issued such permit: ( 1 ) The existence , maintenance , repair, construction , erection , or removal of advertising signs , awnings , canopies , cellar entrances , coal holes , driveways , manholes , marquees , hoist away openings , sidewalk vaults , street banners , or decoration and similar exposures ; (2) The construction , erection , or removal of elevators ; or (3 ) The ownership , maintenance , or use of any elevators covered by this insurance. e . If the additional insured is a state or governmental agency or political subdivision that has issued a permit or authorization with respect to operations performed by you or on your behalf, then this insurance does not apply to " bodily injury" , "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality ; or " bodily injury" , or "property damage" included within the " products-completed operations hazard" . f. If the additional insured is a manager or lessor of insured premises , that person or organization is an additional insured but only with respect to liability caused , in whole or in part by the ownership , maintenance or use of that part of the premises leased to you . This insurance does not apply to: ( 1 ) Any "occurrence" that takes place after you cease to be a tenant in that premises . (2) Structural alterations , new construction or demolition operations performed by or on behalf of the manager or lessor of insured premises . g . If the additional insured is a grantor of a franchise , that person (s) or organization (s) is only an additional insured with respect to liability as grantor of a franchise to you . h . If the additional insured is an owner or has some other interest in land that has been leased to you , that person (s) or organization (s) is only an additional insured with respect to liability caused , in whole or in part by the ownership , maintenance or use of that part of the land leased to you . This insurance does not apply to : (1 ) Any "occurrence" that takes place after you cease to lease that land ; (2) Structural alterations , new construction or demolition operations performed by or on behalf of the owner or other interest from whom land has been leased . i . If the additional insured is a mortgagee , assignee , or receiver, that person (s) or organization (s) is only an additional insured with respect to liability caused , in whole or in part, by the ownership , maintenance or use of the premises by you . This insurance does not apply to structural alterations , new construction or demolition operations performed by or for that mortgagee , assignee , or receiver. j . If the additional insured has a controlling interest , that person (s) or organization (s) is an additional insured but only for liability caused , in whole or in part , by : ( 1 ) Their financial control of you ; or (2) Premises they own , maintain or control while you lease or occupy those premises . This insurance does not apply to structural alterations , new construction and demolition operations performed by or for that controlling interest. k. If the additional insured is a vendor, that person (s) or organization (s) is only an additional insured with respect to "bodily injury" or "property damage" caused , in whole or in part, by "your products" which are distributed or sold in the regular course of the vendor's business , but only if this Policy provides AGL20291118 Includes copyrighted material of Insurance Services Office , Inc. , Page 2 of 4 with its permission . INSURED COMMERCIAL GENERAL LIABILITY coverage for " bodily injury" or " property damage" included within the " products-completed operations hazard " . ( 1 ) This insurance afforded to the vendor does not apply to: (a) " Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement ; ( b) Any express warranty unauthorized by you ; (c) Any physical or chemical change in the product made intentionally by the vendor; (d ) Repackaging , except when unpacked under the instructions of the manufacturer for the sole purpose of inspection , demonstration , testing or the substitution of parts and then repackaged in the original container; (e) Any failure by the vendor to make inspections , adjustments , tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business , in connection with the distribution or sale of "your products' (f) Demonstration , installation , servicing or repair operations , except such operations performed at the vendor's premises in connection with the sale of "your products" ; (g ) Products which , after distribution or sale by you , have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or ( h ) " Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to : ( i ) The exceptions contained in subparagraphs (d ) or (f) ; or ( 11) Such inspections , adjustments , tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business , in connection with the distribution or sale of "your products" . (2) This insurance does not apply to any insured person or organization , from whom you have acquired such products , or any ingredient, part or container , entering into, accompanying or containing such products . 3 . With respect to the insurance afforded to an additional insured as provided in Paragraphs 113 . 1 . and 113 . 2 . above, 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 ; whichever is less . With respect to the insurance afforded to an additional insured as provided in paragraphs B . I . and B .2 . above , this insurance shall not increase the applicable Limits of Insurance shown in the Declarations . If an Additional Insured endorsement is attached to this Policy that specifically names a person or organization as an insured , then the above Paragraph B . ADDITIONAL INSUREDS does not apply to such person (s) or organization (s) . 4. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS , Paragraph 4 . Other Insurance , is amended to include : As respects the coverage provided by this endorsement, regardless of whether other insurance is available to an additional insured on a primary basis , this insurance will be primary and noncontributory if the written contract or written agreement between you and the additional insured specifically requires that this insurance be primary and noncontributory . C . SECTION II — WHO IS AN INSURED is amended as follows : BROADENED NAMED INSURED Paragraph 3 . is deleted and replaced by the following : 3 . Any business entity organized under the laws of the United States of America ( including any state thereof, its territories or possessions) , or Canada ( including any province thereof) will qualify as a Named Insured if there is no similar insurance available to that business entity, provided that one or more Named Insureds shown in the Declarations have , at the inception of the policy period , an ownership interest in such business entity of more than 50 % . However , if a Named Insured has an ownership interest in a business entity of more than 50 % , the business entity will not be a Named Insured if such business entity is an AGL20291118 Includes copyrighted material of Insurance Services Office , Inc. , Page 3 of 4 with its permission . INSURED COMMERCIAL GENERAL LIABILITY insured under any other liability policy or would be an insured under such policy but for its termination or the exhaustion of its Limit of Insurance . D . Paragraph 6 . of SECTION III — LIMITS OF INSURANCE is deleted and 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 SECTION I — COVERAGES , COVERAGE A for damages because of " property damage" to any one premises while rented to you , or temporarily occupied by you with permission of the owner, when the damage is caused by fire , lightning , explosion , smoke , or leaks from automatic fire protective systems . E . SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS are amended as follows : 1 . KNOWLEDGE AND NOTICE OF OCCURRENCE , OFFENSE , CLAIM OR SUIT The notification requirements of Paragraphs 2 .a . and 2 . b . Duties In The Event Of Occurrence, Offense , Claim Or Suit apply only when the "occurrence" , offense , claim or " suit" is known to : a . You , if you are an individual ; b . A partner or member if you are a partnership or joint venture ; c . An officer or director if you are an entity other than a partnership , joint venture or limited liability company ; d . A member or manager if you are a limited liability company ; or e. An insurance manager, risk manager or other " employee" you designate prior to loss to give notice to use Knowledge of an "occurrence" , offense , claim , or " suit" by your agent, servant or " employee" shall not in and of itself constitute knowledge by you unless an individual in one of the positions listed above has actual knowledge . 2. FAILURE TO DISCLOSE HAZARDS The following is added to Paragraph 6 . Representations : If you unintentionally failed to disclose all hazards or prior "occurrences" existing at the inception of this Policy , but reported such error or omission to us as soon as practicable after discovery , then we will not deny coverage under this Coverage Part because of such failure . This provision does not affect our right to collect any additional premium or exercise our right of cancellation or non - renewal 3 . WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US The following is added to Paragraph 8 . Transfer Of Rights of Recovery Against Others To Us : We waive any right of recovery we may have against any person or organization when such waiver is required by a written contract that you have agreed to prior to any "occurrence" , "suit" or the offense which caused the "bodily injury" , " property damage" or " personal and advertising injury" , provided that the "occurrence" , "suit" or the offense which caused the " bodily injury" , " property damage" or " personal and advertising injury" arises out of operations contemplated by such contract . The waiver applies only to the person or organization designated in such contract. F . SECTION V — DEFINITIONS is amended as follows : 1 . BODILY INJURY The definition of " bodily injury" in Paragraph 3 . is deleted and replaced by the following : " Bodily injury" means bodily injury , sickness or disease sustained by a person , including mental anguish or death resulting from any of these at any time . 2 . PERSONAL AND ADVERTISING INJURY The definition of " personal and advertising injury" in Paragraph 14. b , is deleted and replaced by the following : Abuse of process ; and malicious prosecution ; All other terms and conditions of the policy remain unchanged . AGL20291118 Includes copyrighted material of Insurance Services Office , Inc. , Page 4 of 4 with its permission . INSURED POLICY NUMBER : ARB - ML - 10 0 0 0 4 2 7 — 0 0 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS , LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS / COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anization s Location And Description Of Completed Operations BLANKET AS REQUIRED BY WRITTEN CONTRACT . Information required to complete this Schedule , if not shown above , will be shown in the Declarations . A Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person (s ) or additional insureds , the following is added to organization (s ) shown in the Schedule , but only Section III — Limits Of Insurance : with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage" caused , in whole or in part , by required by a contract or agreement , the most we 'Your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance : performed for that additional insured and included in the "products -completed operations 1 . Required by the contract or agreement ; or hazard ". 2. Available under the applicable Limits of However : Insurance shown in the Declarations ; 1 . The insurance afforded to such additional whichever is less . insured only applies to the extent permitted by This endorsement shall not increase the applicable law ; and Limits of Insurance shown in the Declarations . 2. If coverage provided to the additional insured is required by a contract or agreement , the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured . CG 20 37 0413 © Insurance Services Office , Inc. , 2012 Page 1 of 1 INSURED COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY . AUTO EXTRA ENDORSEMENT This endorsement modifies insurance provided under the following : BUSINESS AUTO COVERAGE FORM COMMON POLICY CONDITIONS To the extent that the provisions of this endorsement provide broader benefits to the " insured " than other provisions of the Coverage Form , the provisions of this endorsement apply . Unless otherwise indicated , the following provisions amend the Business Auto Coverage Form . A . ADDITIONAL INSUREDS SECTION II = LIABILITY COVERAGE , Paragraph A. 1 . Who Is An Insured is amended to add : 1 . Additional Insured If Required By Contract Or Agreement When you have agreed in a written contract or written agreement to provide insurance for an additional insured , such person or organization is included as an " insured" : a . Only to the extent such person or organization is liable for " bodily injury" or " property damage" caused by the conduct of an " insured" under Paragraphs a . or b . of Who Is An Insured , with regard to the ownership , maintenance or use of a covered " auto" , and b . The insurance afforded to any such additional insured applies only if the " bodily injury" or " property damage" occurs : ( 1 ) During the policy period , and (2 ) Subsequent to the execution of such contract or agreement , and (3 ) Prior to the expiration of time that the written contract or agreement requires such additional insured coverage to be provided . c . The most we will pay on behalf of such additional insured is the lesser of: ( 1 ) The Limits of Insurance specified in the written contract or agreement ; or (2 ) The Limits of Insurance shown in the Declarations . d . The amount in c . above shall be a part of and not in addition to the Limits of Insurance shown in the Declarations . e . This insurance will be primary and noncontributory if a written contract between you and the additional insured specifically requires that this insurance be primary , otherwise this coverage is excess . 2 . Broadened Named Insured a . Any legally incorporated business entity organized under the laws of the United States of America (including any state thereof, its territories or possessions ) , or Canada ( including any province thereof) will qualify as a Named Insured if there is no similar insurance available to that organization , provided that one or more Named Insureds shown in the Declarations have , at the inception of the policy period , an ownership interest in such organization of more than 50% . The Named Insured does not include any organization that is an " insured" under any other automobile policy or would be an " insured" under such policy but for its termination or the exhaustion of its Limit of Insurance . b . Coverage does not apply to " bodily injury" or " property damage" that results from an " accident" that occurred before you formed or acquired the business entity . 3 . Employees As Insureds Any "employee" of yours while using a covered " auto" you do not own , hire , or borrow in your business or your personal affairs . 4 . Lessors As Insureds a . The lessor of a covered " auto" while the "auto" is leased to you under a written agreement if: ( 1 ) The agreement requires you to provide direct primary insurance for the lessor; and ACA00230512 Includes copyrighted material from Insurance Services Office , Inc. , Page 1 of 5 with its permission . INSURED COMMERCIAL AUTO (2 ) The "auto" is leased without a driver. b . Such a leased "auto" will be considered a covered " auto" you own and not a covered " auto" you hire . " Loss" to a covered leased " auto" is subject to the following : ( 1 ) We will pay , as their interest may appear, you and the lessor named in this endorsement for " loss" to a " leased auto" . (2) The insurance covers the interest of the lessor unless the " loss" results from fraudulent acts or omissions on your part . (3) If we make any payment to the lessor, we will obtain his or her rights against any other party . B . AIRBAG COVERAGE SECTION III - PHYSICAL DAMAGE COVERAGE , B . Exclusions , 3 . a . does not apply to the accidental discharge of an airbag : 1 . This coverage is excess of any other collectible insurance or warranty . 2 . No deductible applies to this coverage. C . AUTOS RENTED BY EMPLOYEES 1 . Any "auto" hired or rented by your " employee" on your behalf and at your direction will be considered an " auto" you hire . 2 . SECTION IV — BUSINESS AUTO CONDITIONS , Paragraph B . 5. Other Insurance is amended by adding : If an " employee' s" personal insurance also applies on an excess basis to a covered " auto" hired or rented by your "employee" on your behalf and at your direction , this insurance will be primary to the "employee' s" personal insurance . D . CANCELLATION CONDITION Paragraph 2 . b . of A . Cancellation , of the COMMON POLICY CONDITIONS is deleted and replaced by the following : 60 days before the effective date of cancellation if we cancel for any other reason . E . ELECTRONIC EQUIPMENT — BROADENED COVERAGE 1 . The following is added to SECTION III on PHYSICAL DAMAGE COVERAGE , B . Exclusions , Paragraph 5 . : Electronic navigation equipment that is not permanently installed in the covered "auto" . However, if the equipment is stolen , the equipment and any mounting or power accessories must not have been visible from the exterior of the covered "auto" . 2 . The following is added to SECTION III on PHYSICAL DAMAGE COVERAGE , C . Limit Of Insurance , Paragraph 2 . : Electronic navigation equipment that is not permanently installed in the covered "auto . " F . EXTRA EXPENSE We will pay up to $2 , 500 for any expense incurred for the return of a covered stolen " auto" to you . This coverage does not apply to Hired Auto Physical Damage Coverage . G . FELLOW EMPLOYEE COVERAGE SECTION II as LIABILITY COVERAGE , Paragraph B . Exclusions , 5. Fellow Employee is deleted and replaced by the following : 1 . " Bodily Injury" to ACA00230512 Includes copyrighted material from Insurance Services Office , Inc. , Page 2 of 5 with its permission . INSURED COMMERCIAL AUTO a . Any fellow "employee" of the " insured " arising out of and in the course of the fellow " employee' s" employment or while performing duties related to the conduct of your business ; or b. The spouse , child , parent, brother or sister of that fellow " employee" as a consequence of Paragraph a . above. However, we will cover " bodily injury" caused by your " employee" to his or her fellow "employee" if the " bodily injury" results from the use of a covered "auto" you own or hire ; the covered "auto" is used with your permission ; and if you have workers' compensation insurance in -force covering all of your "employees . " 2 . Coverage is excess over any other collectible insurance . H . HIRED AUTO PHYSICAL DAMAGE The following is added to SECTION III - PHYSICAL DAMAGE COVERAGE , A . Coverage : 1 . If hired "autos" are covered "autos" for Liability Coverage and if Physical Damage Coverage is provided under this Coverage Form for owned "autos" , then the Physical Damage Coverages provided are extended to any " auto" you hire or borrow from someone other than your "employees members or partners , or any member of their household . 2 . The most we will pay for " loss" in any one "accident" is the lesser of: a . $50 , 000 , subject to a policy annual aggregate limit of $ 100 , 000 ; b. The actual cash value of the damaged or stolen " auto" at the time of the " loss" ; or c . The cost of repairing or replacing the damaged or stolen "auto" with another "auto" of like kind and quality . 3 . If you are legally liable for the " accident" , we will also pay up to $ 1 , 000 per " accident" for the actual loss of use to the owner of the covered "auto" . 4. Paragraph 2 , above is subject to a deductible , which is determined by the lowest deductible applicable to any owned "auto" for that coverage and vehicle type . If owned "autos" do not include this vehicle type , the lowest deductible on the policy for the same physical damage coverage will apply . No deductible applies to " loss" caused by fire or lightning , 5. a. Hired Auto Physical Damage coverage is primary for any covered "auto" you hire without a driver, and excess over any other collectible insurance for any covered " auto" that you hire with a driver. b . SECTION IV — BUSINESS AUTO CONDITIONS , Paragraph B . 5 . b. Other Insurance is amended to delete the following : However, any " auto" that is leased , hired , rented or borrowed with a driver is not a covered "auto" . 6 . If symbol 8 is shown on the Covered Auto section of the Policy Declarations page for any of the physical damage coverages , then the Hired Auto Physical Damage Coverage described in this endorsement does not apply . 7 . This coverage does not apply to leased "autos" for which you are required to provide physical damage coverage as part of a written lease agreement . I . HYBRID AUTO PAYMENT COVERAGE 1 . In the event of a total " loss" to a non " hybrid auto" for which Comprehensive , Specified Causes of Loss , or Collision coverages are provided under the Business Auto Coverage form , then Physical Damage Coverages are amended as follows : a . If the "auto" is replaced with a " hybrid auto" or " electric auto" we will pay an additional 10% of the non " hybrid auto' s" actual cash value or replacement cost, to a maximum of $2 , 500 , whichever is less ; b . The " auto" must be replaced and a copy of a bill of sale or lease agreement must be received by us within 60 calendar days of the date of " loss" ; and ACA00230512 Includes copyrighted material from Insurance Services Office , Inc. , Page 3 of 5 with its permission . INSURED COMMERCIAL AUTO c . If more than one "auto" is damaged in any one " loss" , the most we will pay under this Coverage for any one " loss" is $5 , 000 . 2 . For the purpose of this coverage provision the following Definitions are added : a . " Hybrid auto" is defined as an " auto" , including a hybrid " electric auto" that is powered by two sources , an internal combustion engine, and an electric motor. b . " Electric auto" is an " auto" that is powered by an electric motor instead of a gasoline engine . The "electric auto" uses energy stored in its rechargeable batteries , which are recharged by common household electricity . J . KNOWLEDGE OF AN ACCIDENT , CLAIM , SUIT OR LOSS The following Paragraph is added to SECTION IV - BUSINESS AUTO CONDITIONS , A . 2 . Duties In The Event Of Accident , Claim , Suit Or Loss : Prompt notice of an "accident" , claim , " suit" or " loss" to an agent or " employee" of the " insured " will not in itself constitute your knowledge of such "accident" , claim , " suit" or " loss" unless an executive officer or manager of the " insured ' s" operation receives such notice from its agent or "employee" . K. SIGN COVERAGE The following is added to SECTION III — PHYSICAL DAMAGE COVERAGE , A . Coverage : We will pay for loss to signs , murals , paintings , or graphics , as part of equipment , which are displayed on a covered "auto" . 1 . The most we will pay for " loss" in any one " accident" is the lesser of: a . The actual cash value of the property at the time of " loss" ; or b . The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality ; or c . $ 1 , 000 . 2 . This coverage does not apply to Hired Auto Physical Damage Coverage. L . TOWING AND LABOR COSTS SECTION III — PHYSICAL DAMAGE COVERAGE , A . COVERAGE , 2 . Towing is deleted and replaced by : We will pay up to the limit shown in the Declarations or $250 , whichever amount is higher, for towing and labor costs incurred each time a covered "auto" is disabled . However, the labor must be performed at the place of disablement. M . TRANSPORTATION EXPENSES SECTION III - PHYSICAL DAMAGE COVERAGE , A . Coverages , 4 . a . Transportation Expenses is deleted and replaced by : 1 . We will pay up to $ 75 per day , for up to 30 days , for temporary transportation expenses incurred by you because of " loss" to a covered " auto" . 2 . We will pay only for those covered " autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage . 3 . If the " loss" is due to theft of a covered " auto" we will pay transportation expenses after the theft and ending when the covered " auto" is returned to use or we pay for its " loss" . 4. We will pay up to $ 500 for reasonable and necessary expenses incurred by you to remove and replace your materials and equipment from the covered " auto" . ACA00230512 Includes copyrighted material from Insurance Services Office , Inc. , Page 4 of 5 with its permission . INSURED COMMERCIAL AUTO N . UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS The following Paragraph is added to SECTION IV — BUSINESS AUTO CONDITIONS , B .2 . Concealment, Misrepresentation Or Fraud : If you unintentionally fail to disclose any hazards existing at the inception date of your policy , such failure will not prejudice the coverage provided to you . However, this provision does not affect our right to collect additional premium for any additional hazards or exercise our right of cancellation or non - renewal . O . WAIVER OF DEDUCTIBLE — REPAIRED GLASS AND STOLEN AUTOS EQUIPPED WITH RADIO FREQUENCY TRANSCEIVERS The following Paragraphs are added to SECTION III - PHYSICAL DAMAGE COVERAGE , D . Deductible : 1 . A deductible does not apply to " loss" to glass used in the windshield , doors , and windows , if the glass is repaired rather than replaced . 2 . A deductible does not apply to covered " autos" that are stolen if they are equipped with a radio frequency transceiver that is part of a stolen vehicle recovery system and : a . You promptly report the theft to the police and inform them that the stolen "auto" is equipped with a radio frequency transceiver; b . Such transceiver was installed , inspected and maintained according to guidelines provided by the transceiver' s manufacturer; and either c . The covered "auto" sustains damage as a result of being stolen ; or d . The covered " auto" is not recovered within 90 days of the theft. P . WAIVER OF SUBROGATION The following Paragraph is added to SECTION IV — BUSINESS AUTO CONDITIONS , A . 5. Transfer Of Rights Of Recovery Against Others To Us : We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury" or "property damage" but only to the extent that subrogation is waived prior to the "accident" or the " loss" under a written contract or written agreement with that person or organization . All other terms and conditions of the policy remain unchanged . ACA00230512 Includes copyrighted material from Insurance Services Office , Inc. , Page 5 of 5 with its permission . INSURED WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (ed . 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT =CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule . (This agreement applies only to the extent that you perform work 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 2 . 0 % of the California workers' compensation premium otherwise due on such remuneration . Schedule Person or Organization Job Description Any person or organization as required by written contract 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 Date : 11 /15/2019 Policy No . CST5017816 Endorsement No . Policy Effective Dates : 11 / 15/2019 We 11 / 15/2020 Premium $ Insured : Carrier Name / Code : Benchmark Insurance Company A WC 04 03 06 ( Ed . 4-84) Countersigned by Page 1 of 1