HomeMy WebLinkAboutC35681 Extension LMA7 - 907-18 Contract No. C35681
STAFF REPORT L_
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
MEETING DATE: May 24, 2018
PREPARED BY: Randy Chavez, Landscape Supervisor
REQUEST: Approve a one-year extension for Contract No. C35680 with
Kirkpatrick Landscaping Services, Inc., for Landscape Maintenance
Area No. 7, in the amount of $105,541.44, and include repair work
and services at the specified contract amount not to exceed 20
percent, or $21,108 (Project No. 907-18).
Recommendation
By Minute Motion:
1. Approve a one-year extension for Contract No. C35680 with Kirkpatrick
Landscaping Services, Inc., for Landscape Maintenance Area No. 7 in
the amount of $105,541.44;
2. Authorize repair work and services at the specified contract amount not
to exceed 20 percent, or $21,108; and
3. Authorize the City Manager to execute the contract amendment.
Funds are available in the respective Landscape and Lighting District
accounts.
Strategic Plan
This is an on-going landscape maintenance function and contributes to our goal of
providing a uniquely beautiful desert environment in highly visible areas of the City.
Background Analysis
The subject contract was awarded to Kirkpatrick Landscaping Services, Inc., by the City
Council on April 13, 2017, for a term of one year, with an option for four, one-year
extensions. The contract, which is set to expire on June 30, 2018, includes the monthly
maintenance services for Landscape and Lighting Districts throughout the City (map
attached for reference).
May 24, 2018 — Staff Report
Approve C35681 with Kirkpatrick First Amend for LMA 7
Page 2 of 2
Kirkpatrick Landscaping has agreed to a one-year contract extension commencing July
1, 2018. However, due to the increase of the State's mandated minimum wage and
other related costs, they are requesting an increase of approximately 3.08 percent, or
$262.80 per month ($3,153.60 per year), to help offset the additional costs. Based on
Kirkpatrick's performance, staff finds the request to be reasonable. The increase will
raise the contract amount to $8,795.12 per month or $105,541.44 per year.
Repair work and services covers unquantifiable activities necessary for landscape
maintenance, which are not part of the landscape maintenance contract. This includes
repair and replacement of irrigation equipment; emergency tree work; replacement of
trees and shrubs; pest control; and accident and vandalism repair and replacement.
Fiscal Analysis
The activity is included within the proposed FY 18/19 operating budget; therefore, there
is no anticipated fiscal impact beyond the contract amount.
LEGAL REVIEW DEPT. REVIEW FINANCIAL CITY MANAGER
REVIEW
N/A .6z.4f,u_
Robert W. Hargreave Ti othy R. s n, P.E. :- -t Moore Lauri Aylaian
City Attorney ndependen nt ' Director Director of Finance City Manager
of Public Works
CONTRACTOR: Kirkpatrick Landscaping Services, Inc.,
43752 Jackson Street
Indio, California 92201
ATTACHMENTS: C35681, First Amendment to C35860
Payments and Performance Bonds
Certificate of Insurance
Ltr from Kirkpatrick Landscaping
Vicinity Map
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CONTRACT NO. C35681
FIRST AMENDMENT TO AGREEMENT
WHEREAS, the City of Palm Desert ("City") and Kirkpatrick Landscaping Services,
Inc., ("Contractor"), entered into an agreement, dated May April 13, 2017, for Landscape
Maintenance Area No. 7 ("Agreement"), the parties wish to amend the Agreement effective
July 1, 2018.
NOW, THEREFORE, the parties agree as follows:
A. Term is amended to add the following paragraph to the end of the existing section, as
amended.
"The term of this Agreement is extended, and shall include the time period from July 1,
2018, through June 30, 2019."
B. The Amount of the contract will increase by the sum of three thousand one hundred
fifty-three and 60/100 dollars ($3,153.60) for a total annual contract price of
$105,541.44.
C. All other terms and conditions of the Agreement shall remain unchanged, and shall
remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed the 24th day of May 2018.
CITY OF PALM DESERT KIRKPATRICK LANDSCAPING SERVICES
A Municipal Corporation Contractor
Lauri Aylaian, City Manager
City of Palm Desert
Attest: Approved as to Content:
Rachelle D. Klassen, City Clerk Timothy R. Jonasson, P .E.
CITY OF PALM DESERT, CALIFORNIA Independent Interim Director of
Public Works
Approved as to Form:
Robert W. Hargreaves, ESQ.
City Attorney
CONTRACT NO. C35681
CONTRACTOR NOTARY ACKNOWLEDGMENT
A Notary Public or other officer completing this certificate verifies only the identity of
the individual who signed the document, to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
State of California }
} SS
County of Riverside }
On , 20 , before me, , a Notary
Public, personally appeared , who proved
to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
Contract No. C35681
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has
awarded to Kirkpatrick Landscaping Services, Inc., hereinafter designated as the
"Principal", a contract for:
LANDSCAPE MAINTENANCE AREA NO. 7
PROJECT NO. 907-18
CONTRACT NO. C35681
WHEREAS, said Principal is required under the terms of said contract to furnish
a good and sufficient bond for the performance of said contract:
NOW THEREFORE, WE, Kirkpatrick Landscaping Services, Inc. the Principal,
and as Surety,
are held and firmly bound unto the City of Palm Desert hereinafter called the City, in the
penal sum of One Hundred Five Thousand Five Hundred Forty-One and 44/100
Dollars ($105,541.44), being 100% of the contract amount in lawful money of the
United States of America for the payment of which sum well and truly to be made, we
hereby bind ourselves, our heirs, executors, administrators, and successors, jointly and
severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Contractor, his or
its heirs, executors, administrators, successors or assigns, shall in all things stand to
and abide by, and well and truly keep and perform the covenants, conditions and
agreements in the contract Documents and any alteration thereof made as therein
provided, on its part, to be kept and performed at the time and in the manner therein
specified, and in all respects according to their intent and meaning; and shall faithfully
fulfill all obligations including the one (1) year guarantee of all materials and
workmanship; and shall indemnify and save harmless the City, its officials, officers,
employees, and authorized volunteers, as stipulated in said Contract Documents, then
this obligation shall become null and void; otherwise it shall be and remain in full force
an effect.
As a part of the obligation secured hereby and in addition to the face amount
specified therefore, there shall be included costs and reasonable expenses and fees
including reasonable attorney's fees, incurred by the City in enforcing such obligation.
As a condition precedent to the satisfactory completion of the Contract
Documents, unless otherwise provided for in the Contract Documents, the above
obligation shall hold good for a period of one (1) year after the acceptance of the work
by the City, during which time if the Contractor shall fail to make full, complete, and
satisfactory repair and replacements and totally protect the City from loss or damage
resulting from or caused by a defective materials or faulty workmanship. The
obligations of Surety hereunder shall continue so long as any obligation of the
Contractor remains. Nothing herein shall limit the City's rights or the Contractor or
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Contract No. C35681
Surety's obligations under the Contract, law or equity, including, but not limited to,
California Code of Civil Procedure Section 337.15.
Whenever the Contractor shall be, and is declared by the City to be in default
under the Contract Documents, the Surety shall remedy the default pursuant to the
Contract Documents, or shall promptly, at the City's option:
a. Take over and complete the Project in accordance with all terms and
conditions in the Contract Documents; or
b. Obtain a bid or bids for completing the Project in accordance with all terms
and conditions in the Contract Documents and upon determination by
Surety of the lowest responsive and responsible bidder, arrange for a
Contract between such bidder, the Surety and the City and make available
as work progresses sufficient funds to pay the cost of completion of the
Project, less the balance of the contract price, including other costs and
damages, for which Surety may be liable. The term "balance of the
contract price" as used in this paragraph shall mean the total amount
payable to the Contractor by the City under the Contract and any
modification thereto, less any amount previously paid by the City to the
Contractor and any other set offs pursuant to the Contract Documents.
c. Permit the City to complete the Project in any manner consistent with
California law and make available as work progresses sufficient funds to
pay the cost of completion of the Project, less the balance of the contract
price, including other costs and damages, for which Surety may be liable.
The term "balance of the contract price" as used in this paragraph shall
mean the total amount payable to the Contractor by the City under the
Contract and any modification thereto, less any amount previously paid by
the City to the Contractor and any other set offs pursuant to the Contract
Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor
which may be proposed by Surety in fulfillment of its obligation in the event of default by
the Contractor.
Surety shall not utilize the Contractor in completing the Project nor shall Surety
accept a bid from the Contractor for completion of the Project if the City, when declaring
the Contractor in default, notifies Surety of the City's objection to the Contractor's further
participation in the completion of the Project.
The Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the Contract Documents or to the
Project to be performed thereunder shall in any way affect its obligations on this bond,
and it does hereby waive notice to any such change extension of time, alteration or
addition to the terms of the Contract Documents or to the Project.
•
Contract No. C35681
IN WITNESS WHEREOF, identical counterparts of this instrument, each of which
shall for all purposes be deemed an original thereof, have been duly executed by the
Principal and Surety above named, on this day of , 20 .
Kirkpatrick Landscaping Services, Inc.
SURETY PRINCIPAL
BY: BY:
(Signature must be notarized) (Signature must be notarized)
INSURANCE COMPANY and/or AGENT
Name:
Address:
City/State/Zip Code:
Telephone No.:
3
Contract No. C35681
SURETY ACKNOWLEDGEMENT
A Notary Public or other officer completing this certificate verifies only the identity of
the individual who signed the document, to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
State of California )
)
County of )
On before me,
personally appeared
, who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
4
Contract No. C35681
PRINCIPAL ACKNOWLEDGEMENT
A Notary Public or other officer completing this certificate verifies only the identity of
the individual who signed the document, to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
State of California )
County of )
On before me,
personally appeared
, who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
5
Contract No. C35681
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as "City")
has awarded to Kirkpatrick Landscaping Services, Inc., (hereinafter designated as the
"CONTRACTOR/PRINCIPAL"), an agreement dated April 13, 2017, described as
follows: LANDSCAPE MAINTENANCE AREA NO. 7, PROJECT NO. 907-18,
CONTRACT NO. C35681 (hereinafter referred to as the "Contract"); and
WHEREAS, said CONTRACTOR is required to furnish a bond in connection with said
Contract, and pursuant to Section 9100 of the California Civil Code;
NOW, THEREFORE, we, Kirkpatrick Landscaping Services, Inc., the undersigned
CONTRACTOR, as Principal, and
a corporation organized and existing under the laws of the State of
, and duly authorized to transact business under the laws of
the State of California, as Surety, are held and firmly bound unto the City of Palm
Desert and to any and all persons, companies or corporations entitled to file stop
payment notices under Section 9100 of the California Civil Code, in the sum of One
Hundred Five Thousand Five Hundred Forty-One and 44/100 Dollars
($105,541.44), said sum being not less than one hundred percent (100%) of the total
amount payable by the said City under the terms of the said Contract, for which
payment well and truly to be made, we bind ourselves, our heirs, executors and
administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said CONTRACTOR, his or
its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to
pay any of the persons named in Civil Code Section 9100, fail to pay for any materials,
provisions or other supplies, implements, machinery or power used in, upon, for or
about the performance of the Public Work contracted to be done, for any work or labor
of any kind, or for bestowing skills or other necessary services thereon, or for amounts
due under the Unemployment Insurance Code with respect to such work or labor, or for
any amounts required to be deducted, withheld, and paid over to the Employment
Development Department or Franchise Tax Board from the wages of employees of said
CONTRACTOR and his or its Subcontractors pursuant to Revenue and Taxation Code
Section 18663 with respect to such work and labor the Surety or Sureties hereon will
pay for the same in an amount not exceeding the sum herein above specified, and also,
in case suit is brought upon this bond, all litigation expenses incurred by the City in such
suit, including reasonable attorney's fees, court costs, expert witness fees and
investigation expenses.
This bond shall inure to the benefit of any of the persons named in the Civil Code
Section 9100 as to give a right of action to such persons or their assigns in any suit
brought upon this bond.
1
Contract No. C35681
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or
released from the obligation of this bond by any change, extension of time for
performance, addition, alteration or modification, in, to or of any contract plans,
specifications, or agreement pertaining or relating to any scheme or work of
improvement herein above described, or pertaining or relating to the furnishing of labor,
materials, or equipment therefore, nor by any change or modification of any terms of
payment or extension of the time for any payment pertaining or relating to any scheme
or work of improvement herein above described, nor by any rescission or attempted
rescission or attempted rescission of the contract, agreement or bond nor by any
conditions precedent or subsequent in the bond attempting to limit the right of recovery
of claimants otherwise entitled to recover under any such contract or agreement or
under the bond, nor by any fraud practiced by any person other than the claimant
seeking to recover on the bond and that this bond be construed most strongly against
the Surety and in favor of all persons for whose benefit such bond is given, and under
no circumstances shall Surety be released from liability to those for whose benefit such
bond has been given, by reason of any breach of contract between the owner or the
City and the original contractor or on the part of any obligee named in such bond, but
the sole conditions of recovery shall be that the claimant is a person described in the
Civil Code Section 9100, and has not been paid the full amount of his claim and that
Surety does hereby waive notice of any such change, extension of time, addition,
alteration or modification herein mentioned, including but not limited to the provisions of
Sections 2819 and 2845 of the California Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this
day of , 20
PRINCIPAL/CONTRACTOR: SURETY:
Kirkpatrick Landscaping Services, Inc.
(Typed Name of CONTRACTOR) (Typed Name of Surety)
By: By:
(Signature) (Signature of Attorney-in-Fact)
(Typed Name and Title) (Typed Name of Attorney-in-Fact)
(Signature must be notarized) (Signature must be notarized)
The rate of premium on this bond is $ per thousand.
The total amount of premium charged: $
(the above must be filled in by corporate surety).
IMPORTANT: Surety companies executing bonds must possess a certificate of
authority from the California Insurance Commissioner authorizing them to write surety
insurance defined in Section 105 of the California Insurance Code, and if the work or
2
Contract No. C35681
project is financed, in whole or in part, with federal, grant or loan funds, it must also
appear on the Treasury Department's most current list (Circular 570 as amended).
' .r r y
Surety Agent or Representative for service of
process in California if different than Surety
Name: Name:
Address: Address:
City/State/Zip Code: City/State/Zip Code:
Telephone No.: Telephone No.:
SURETY ACKNOWLEDGMENT
A Notary Public or other officer completing this certificate verifies only the identity of
the individual who signed the document, to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
State of California )
County of )
On before me,
personally appeared
, who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
3
Contract No. C35681
PRINCIPAL ACKNOWLEDGMENT
A Notary Public or other officer completing this certificate verifies only the identity of
the individual who signed the document, to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document."
State of California )
)
County of )
On before me,
personally appeared
, who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
4
"11.4) KIRKLAN-01 SMARTIN
A.C-C)R CY CERTIFICATE OF LIABILITY INSURANCE DATE IMM/DD/YYYY) I
`--- -- 9/5/2017
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 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#0C36861 I CONTACT
Inland Empire-Aliiant insurance Services,Inc. NAME: Stacy Guillen
735 Camegle Dr Ste 200 N E ;(909)886-9861 FAX,Noi:(909)886-2013
San Bernardino,CA 92408 AIL SGuiilenealliant.com
INSURERS)AFFORDING COVERAGE i NAIC a
INSURER A:Depositors Insurance Company 42587
INSURED INSURER S:Nationwide Mutual Insurance Company 23787
Kirkpatrick Landscaping INSURER C:AMCO Insurance Company 19100
Services Inc
43-752 North Jackson INSURER 0 Cypress Insurance Company 10855
Indio,CA 92201 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 VNTH 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 POLICY EFF i POLICY EXIT
LTR TYPE OF INSURANCE IN POLICY NUMBER (MMJDDfrYYTI (MM/OO/YYYY LIMITS
A i X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 3 1,000,000
1 CLAIMS-MADE I X `OCCUR •
I X X i CP3027908982 09/01/2017 09101/201$ PREMISES(Ea occurrence) b 100,00
X ;Pest/Herbicide Endt MED EXP(Any one person) $ 5,00
PERSONAL&ADV INJURY 3 1,000,00
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 2,000,00
X,POLICY�,PRO- 2,000,000
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L I JECT T 1 ux !PRODUCTS-COMPIOP AGG S
OTHER: S
AUTOMOBILE LIABIUTY } fSMBiNED SINGLE LIMIT $ 1,000,00
a accident)
B X ANY AUTO X ; X ACP3027908982 09/01/2017 09/01/2018 BODILY INJURY(Per person) S
— ALL OWNED I SCHEDULED
,_.. . AUTOS AUTOS BODILY INJURY(Per accident) S
' NON-OWNED - R'1Y DAMAGE-._._
HIRED AUTOS .AUTOS - (Per accident) S
X UMBRELLA UAB I X OCCUR EACH OCCURRENCE S 5,000,000
C EXCESS UAB 1 CLAIMS-MADE ACP3027908982 09/01/2017 09/01/2018 AGGREGATE s 5,000,00
DED J X 1 RETENTIONS 0 I $
WORKERS COMPENSATION
` X T STATUTE ER
AND EMPLOYERS'LIABNJTY — --------
D :ANY PROPRIETOR/PARTNER/EXECUTIVE Y.1 N X KIWC813812 07/01/2017 07/01/2018 EL.EACH ACCIDENT S 1,000,00_
'OFFICER/MEMBER EXCLUDED? N/A „ -- — --
(Mandatory In NH) E L DISEASE-EA EMPLOYE S 1,000,00
It yes,descnbe tilde/
DESCRIPTION OF OPERATIONS below r E L.DISEASE-POLICY LIMIT S 1,000,00
_ I 1-- _ _ l_
DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached a more apace Is required)
Job:LMA No.4,Project No.904-18,Contract No C35670 and LMA No.7,Project No.907-18,Contract No.C53680.
The City of Palm Desert,its officers,employees and agents are additional insureds,primary and non-contributory,waiver of subrogation applies as respects
to general liability per endorsement attached;additional insureds,waiver of subrogation applies as respects to auto liability per endorsement attached;
waiver of subrogation applies as respects to workers compensation per endorsement attached.
CERTIFICATE HOLDER CANCELLATION
I - 1
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Cityof Palm Desert THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
73510 Fred Waring Dr.
Palm Desert,CA 92260 — -
AUTHHOORIIZ�{E[D REPRESENTATIVE
ap
m 1988-2014 ACORD CORPORATION. All rights reserved.
ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 04108
(Ed. 9-14)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA
BLANKET BASIS
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce
our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you
perform work under a written contract that requires you to obtain this agreement from us.)
The additional premium for this endorsement shall be 2%of the total manual premium otherwise due on such
remuneration. The minimum premium for this endorsement Is $350.
This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
SCHEDULE
BLANKET WAIVER
Person/Organization Blanket Waiver—Any person or organization for whom the Named Insured has
agreed by written contract to furnish this waiver.
Job Description
All CA Operations
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
(The information below Is required only when this endorsement is issued subsequent to preparation of the policy.)
Endorsement Effective 07101/2017 Policy No. KIWC813812 Endorsement No.
Insured Premium$
Insurance Company Cypress Insurance Company
Countersigned by
WC 9904109
(Ed.9-14)
POLICY NUMBER: ACP3027908982 COMMERCIAL GENERAL LIABILITY
CG 73 23 12 16
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CONTRACTORS ENHANCEMENT PLUS ENDORSEMENT
INCLUDING MEDICAL PAYMENTS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Lost Key Coverage D. Expanded Property Damage Coverage
1. Under Section I —Coverages, Coverage A 1. For the purposes of this endorsement only:
Bodily Injury And Property Damage Section I — Coverages, Coverage A
Liability, coverage is extended to include Bodily Injury And Property Damage
the following: Liability, 2. Exclusions, Exclusion j.
If a customer's master or grand key, Damage To Property is amended as follows:
excluding electronic key card, is lost, a. Paragraphs(3), (5), and(6)are deleted
damaged or stolen while in your care, in their entirety.
custody or control we will pay the cost of b. Paragraph (4) is deleted in its entirety
replacing the keys, including the master lock and replaced with:
and all keys used in the same lock, the cost (4) Personal property in the care,
of adjusting locks to accept the new keys, or custody, or control of the insured:
the cost to replace the locks, whichever is
less. (a) for storage or sale at premises
2. Limit of Insurance—For the purpose of this you own, rent or occupy; or
coverage the most we will pay is $ 10,000 (b) while being transported by any
per"occurrence". aircraft, "auto" or watercraft
B. Voluntary Property Damage owned or operated by or rented
1. Section I — Coverages, Coverage A Bodily to or loaned to any insured.
Injury And Property Damage Liability, c. The coverage provided by this
coverage is extended to include the following: endorsement does not apply to
At your request, we will pay for "property "property damage'
damage" to property of others caused by you (1) Arising out of the disappearance or
and while in your possession,arising out of your loss of use of personal property; or
business operations and occurring during the (2) Included in the "products-completed
policy period, operations hazard".
2. Limit of Insurance—For the purpose of this 2. Limit of Insurance - The most we will pay
coverage the most we will pay is$1,500 per for loss arising out of any one "occurrence"
"occurrence". is$5,000.
C. Non-Owned Watercraft 3. Deductible - Our obligation to pay for a
Under Section I — Coverages, Coverage A covered loss applies only to the amount of
Bodily Injury And Property Damage Liability, loss in excess of$250.
2. Exclusions, Exclusion g. Aircraft, Auto Or We will pay the deductible amount to effect
Watercraft Paragraph (2)(a) is replaced with: settlement of any claim or "suit" and, upon
(a) Less than 51 feet long; and notification of this action having been taken,
you shall promptly reimburse us for the
deductible as has been paid by us.
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with its permission.
CG 73 23 12 16
This insurance is primary to any expanded d. All reasonable expenses incurred by the
property damage coverage provided by a insured at our request to assist us in the
separate endorsement attached to this investigation or defense of the claim or
policy, and it will supplant any deductible in "suit", including actual loss of earnings up to
said endorsement $500 a day because of time off from work.
E. Damage To Premises Rented To You G. Newly Formed And Acquired Organizations
1. Under Section I -Coverages, Coverage A Under SECTION II - WHO IS AN INSURED
Bodily Injury And Property Damage Paragraph 3.a. is replaced with:
Liability, the last paragraph of 2. a. Coverage under this provision is afforded
Exclusions is replaced with: only until the 180'h day after you acquire or
If Damage To Premises Rented To You is form the organization or the end of the policy
not otherwise excluded, Exclusions c. period, whichever is earlier;
through n. do not apply to damage by fire, H. Additional Insured - Automatic Status When
lightning, explosion, smoke, or sprinkler Required In An Agreement Or Contract With
leakage to premises while rented to you or You
temporarily occupied by you with permission Section II — Who Is An Insured is amended to
of the owner.
include:
2. Under Section III — Limits Of Insurance, 1. Any person(s)or organization(s)described
Paragraph 6 is replaced with: in Paragraph a.—d.below with whom you
6. Subject to 5. above, the Damage To have agreed in writing in a contract or
Premises Rented To You Limit is the written agreement that such person or
most we will pay under Coverage A for organization be added as an additional
damages because of"property damage" insured on your policy during the policy
to any one premises, while rented to period shown in the Declarations.
you, or in the case of damage by fire, 2. Any other person or organization you are
lightning, explosion, smoke or sprinkler required to add as an additional insured
leakage, while rented to you or under the contract or agreement described
temporarily occupied by you with in Paragraph 1.above.
permission of the owner. The limit is The person or organization added as an
increased to$1,000,000. insured by this endorsement is an insured
3. Under Section IV — Commercial General only for liability due to:
Liability Conditions,4. Other Insurance, b.
Excess Insurance (1) (a) (ii) is replaced a. Lessors of Leased Equipment - with
with: respect to their liability for"bodily injury",
"property damage", or "personal and
(ii) That is Fire, Lightning, Explosion, Smoke advertising injury", caused in whole or in
or Sprinkler leakage insurance for part by your maintenance, operation, or
premises rented to you or temporarily use of equipment leased to you by such
occupied by you with permission of the person(s) or organization(s). This
owner. insurance does not apply to any
F. Supplementary Payments "occurrence"which takes place after the
Under Section I — Coverages, Supplementary equipment lease expires.
Payments — Coverages A and B Paragraphs However, their status as additional
1.b and 1.d.are replaced with: insured under this policy ends when
b. Up to $2,500 for cost of bail bonds required their lease, contract, or agreement with
because of accidents or traffic law violations you for such leased equipment expires.
arising out of the use of any vehicle to which b. Managers or Lessors of Premises —
the Bodily Injury Liability Coverage applies. with respect to liability arising out of the
We do not have to furnish these bonds. ownership, maintenance, or use of that
part of the premises you own, rent,
lease, or occupy.
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CG73231216
This insurance does not apply to: (1) Your acts or omissions; or
(1) Any "occurrence" which takes place (2) The acts or omissions of those
after you cease to be a tenant in acting on your behalf; in the
that premises. performance of your ongoing
(2) Structural alterations, new con- operations performed for that
struction, or demolition operations additional insured, whether the work
performed by or on behalf of the is performed by you or on your
person or organization. behalf.
However, their status as additional The insurance does not apply to:
insured under this policy ends when you (1) "Bodily injury", "property damage",
cease to be a tenant of such premises. or "personal and advertising injury"
c. State or Political Subdivision — arising out of the rendering of or the
Permits Relating to Premises — with failure to render any professional
respect to the following hazards for architectural, engineering, or survey
which the state or political subdivision services, including:
has issued a permit or authorization in (a) The preparing, approving, or
connection with premises you own, rent, failing to prepare or approve
or control and to which this insurance maps, shop drawings, opinions,
applies. reports, survey, field orders,
(1) The existence, maintenance, repair, change orders, or drawings and
construction, erection, or removal of specifications; or
advertising signs, awnings, (b) Supervisory, inspection, archi-
canopies, cellar entrances, coal tectural or engineering activities.
holes, driveways, manholes, This exclusion applies even if
marquees, hoist away openings, the claims against any insured
sidewalk vaults, street banners, or allege negligence or other
decorations and similar exposures; wrongdoing in the supervision,
or hiring, employment, training or
(2) The construction, erection, or monitoring of others by that
removal of elevators; or insured, if the "occurrence"
(3) The ownership maintenance or use which caused the "bodily injury"
of any elevators covered by this or "property damage", or the
insurance. offense which caused the
"personal and advertising
This insurance does not apply to:
injury", involved the rendering
(1) "Bodily injury" or "property damage" of, or failure to render, any
or "personal or advertising injury" professional, architectural,
arising out of operations performed engineering, or surveying
for the state or municipality; or services.
(2) "Bodily injury" or "property damage" (2) "Bodily injury" or"property damage"
included within the "products- occurring after:
completed operations hazard". (a) All work, including materials,
However, such state or political parts, or equipment furnished in
subdivision's status as additional connection with such work, on
insured under this policy ends when the the project (other than service,
permit ends. maintenance, or repairs) to be
d. Owners, Lessees, or Contractors — performed by or on behalf of the
additional insured(s) at the
with respect to liability for"bodily injury", location of the covered
"property damage", or "personal and operations has been completed;
advertising injury" caused in whole or in or
part, by:
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with its permission.
CG 73 23 12 16
(b) That portion of "your work" out b. You have agreed in writing in a contract
of which the injury or damage or agreement that this insurance would
arises has been put to its be primary and would not seek
intended use by any person or contribution from any other insurance
organization other than another available to the additional insured.
contractor or subcontractor I. Employee Bodily Injury To Another Employee
engaged in performing Under Section II — Who Is An insured The
operations for a principal as a
part of the same project. following is added to Paragraph 2.a.(1):
However, a person or organization's Paragraphs 2.a.(1) (a), (b) and (c) do not apply
status as additional insured under to "bodily injury" to a co-"employee" in the
this policy ends when your course of the co-"employee's" employment by
operations for that additional insured you, or to "bodily injury" to a co-"volunteer
are completed. worker' while performing duties related to the
With respect to the insurance afforded to conduct of your business.
such additional insureds a. — d. described J. Broad Form Named Insured
above, the following is added to Section III Under Section II — Who Is An Insured The
—Limits Of Insurance: following is added to Paragraph 2.:
If coverage provided to the additional e. Any business entity incorporated or
insured is required by a contract or organized under the laws of the United State
agreement,the most we will pay on behalf of of America (including any State thereof), its
the additional insured is the amount of
insurance: territories or possessions, or Canada
(including any Province thereof) in which the
1. Required by the contract or agreement; Named Insured shown in the Declarations
or owns, during the policy period, an interest of
2. Available under the applicable Limits of more than fifty percent. If other valid
Insurance shown in the Declarations: collectible insurance is available to any
whichever is less. business entity covered by this solely by
This endorsement shall not increase the reason of ownership by the Named Insured
applicable Limits of Insurance shown in the shown in the Declarations in excess of fifty
Declarations. percent, this insurance is excess over the
However, the insurance afforded to such other insurance, whether primary, excess,
additional insureds a.—d.described above: contingent, or on any other basis.
1. Only applies to the extent permitted by K. Aggregate Limit Per Location
law; and Under Section III — Limits Of Insurance the
2. Will not be broader than that which you following is added to Paragraph 2:
are required by the contract or The General Aggregate Limit under Section III
agreement to provide for such additional Limits Of Insurance applies separately to each
insured. of your locations owned by or rented to you or
3. Primary and Noncontributory — Other temporarily occupied by you with the permission
Insurance Conditions of the owner. For the purposes of this provision,
The following is added to the Other location means premises involving the same or
Insurance Condition and supersedes any connecting lots, or premises whose connection
provisions to the contrary: is interrupted only by a public street, roadway,
Primary and Noncontributory Insurance waterway or railroad right-of-way.
This insurance is primary to and will not L. Aggregate Limit Per Project
seek contribution from any other insurance Under Section III — Limits Of Insurance The
available to an additional insured under your following paragraph is added to Paragraph 2:
policy provided that: The General Aggregate Limit under Section III
a. The additional insured is a Named Limits Of Insurance applies separately to each
Insured under such other insurance; and of your construction projects away from
premises owned by or rented to you.
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with its permission.
CG 73 2312 16
M. Medical Payments inception date of the policy shall not
Under Section III — Limits Of Insurance, prejudice the coverage afforded by this
Paragraph 7. is replaced with: policy provided such failure to disclose all
7. Subject to 5.above, the higher of: hazards or prior"occurrences" or offenses is
not intentional. This provision does not
a. $10,000; or affect our right to collect additional premium
b. The amount shown in the Declarations or exercise our right of cancellation or non-
for Medical Expense Limit is the most renewal.
we will pay under Coverage C for all P. Waiver Of Subrogation
medical expenses because of "bodily Under Section IV — Commercial General
injury"sustained by one person. Liability Conditions, 8. Transfer Of Rights Of
This coverage does not apply if Coverage C Recovery Against Others To Us the following
— Medical Payments is excluded either by paragraph is added:
the provisions of any coverage forms If required by a written contract executed prior to
attached to the policy or by endorsement. loss, we waive any right of subrogation we may
N. Knowledge Of An Occurrence have against the contracting person or
Under Section IV — Commercial General organization because of payments we make for
Liability Conditions, the following is added to injury or damage arising out of your ongoing
2. Duties In The Event Of Occurrence, operations or "your work" done under a contract
Offense,Claim Or Suit: with that person or organization and included in
e. Knowledge of an occurrence, offense, claim the"products-completed operations hazard".
or suit by an agent or employee of any Q. Liberalization
insured shall not in itself constitute Under Section IV — Commercial General
knowledge of the insured unless you, a Liability Conditions, the following paragraph is
partner, if you are a partnership; or an added:
executive officer or insurance manager, if 10. Liberalization
you are a corporation receives such notice
of an occurrence, offense, claim or suit from If we revise this coverage form to provide more
the agent or employee. coverage without additional premium charge,
f. The requirements in Paragraph b. will not your policy will automatically provide the
be considered breached unless there is additional coverage as of the day the revision is
effective in your state.
knowledge of occurrence as outlined in
Paragraph e.above. R. Broadened Bodily Injury Definition (Mental
O. Unintentional Failure To Disclose Hazard Anguish)
Under Section IV — Commercial General Under Section V — Definitions Definition 3.
Liability Conditions, Condition 6. "Bodily Injury is replaced with:
Representations the following paragraph is 3. "Bodily injury" means physical injury,
added: sickness, or disease to a person and if
d. Your failure to disclose all hazards or prior arising out of the foregoing, mental anguish,
"occurrences"or offenses existing as of the mental injury, shock, or humiliation,
including death at any time resulting
therefrom.
All terms and conditions of this policy apply unless modified by this endorsement.
CG 73 23 12 16 Includes copyrighted material of Insurance Services Office,Inc., Page 5 of 5
with its permission.
POLICY NUMBER: ACP3027908982 COMMERCIAL AUTO
AC 70 05 0316
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BUSINESS AUTO PROTECTION - GOLD
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
SUMMARY OF COVERAGES
A. Effect of This Endorsement
B. Newly Acquired or Formed Entities
C. Employees as Insureds—Nonowned Autos
D. Additional Insured by Contract, Permit or Agreement
E. Supplementary Payments—Bail Bonds
F. Supplementary Payments—Loss of Earnings
G. Personal Effects and Property of Others Extension
H. Prejudgment Interest Coverage
I. Fellow Employee—Officer, Managers and Supervisors
J. Hired Auto Physical Damage
K. Temporary Substitute Autos—Physical Damage Coverage
L. Expanded Towing Coverage
M. Auto Loan or Lease Coverage
N. Original Equipment Manufacturer Parts—Leased Private Passenger Types
O. Deductible Amendments
P. Rental Reimbursement Coverage
O. Expanded Transportation Expense
R. Extra Expense—Stolen Autos
S. Physical Damage Limit of Insurance
T. New Vehicle Replacement Cost
U. Physical Damage Coverage Extension
V. Transfer of Rights of Recovery Against Others To Us
W. Section IV—Business Auto Conditions—Notice of and Knowledge of Occurrence
X. Hired Car Coverage Territory
Y. Emergency Lock Out
Z. Cancellation Condition
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COMMERCIAL AUTO
AC 70 05 0316
A. EFFECT OF THIS ENDORSEMENT If specifically required by the written contract or
Coverage provided under this policy is modified agreement referenced in the paragraph above,
by the provisions of this endorsement. If there any coverage provided by this endorsement to
an additional insured shall be primary and
is any conflict between the provisions of this
endorsement and the provision(s)of any state- any other valid and collectible insurance avail-
specific endorsement also attached to this poli- able to the additional insured shall be non
cy, then the provision(s) of the state-specific contributory with this insurance. If the written
endorsement shall apply instead of the provi- contract does not require this coverage to be
sionsprimary and the additional insured's coverage to
of this endorsement that are in conflict,
but only to the extent of the conflict, and only to be non-contributory, then this insurance will be
the extent necessary to bring such provisions excess over any other valid and collectible insur-
into conformance with the state requirement(s) ance available to the additional insured.
contained in the provision(s)of the state-specific
endorsement. E. SUPPLEMENTARY PAYMENTS — BAIL
B. NEWLY ACQUIRED OR FORMED ENTITIES BONDS
The Named Insured shown in the Declarations is Supplementary Payments of SECTION II —
amended to include any organization you newly COVERED AUTOS LIABILITY COVERAGE is
acquire or form, other than a partnership, joint revised as follows:
venture, or limited liability company, and over (2) Up to$2,500 for cost of bail bonds(including
which you maintain ownership or majority (more bonds for related traffic law violations)
than 50%) interest;if there is no other similar in- required because of an "accident"we cover.
surance available to that organization. Coverage We do not have to furnish these bonds.
under this provision is afforded until the 180th F. SUPPLEMENTARY PAYMENTS — LOSS OF
day after you acquire or form the organization or EARNINGS
the end of the policy period,whichever is later.
C. EMPLOYEES AS INSUREDS — NONOWNED Supplementary Payments of the SECTION 11 —
AUTOS COVERED AUTOS LIABILITY COVERAGE is
revised as follows:
The following is added to paragraph A.1. Who Is (4) All reasonable expenses incurred by the "in-
An Insured of SECTION II —COVERED AUTOS cured" at our request, including actual loss
LIABILITY COVERAGE: of earnings up to $500 a day because of
d. Any "employee" of yours is an "insured" time off from work.
while using a covered"auto" you don't own, G. PERSONAL EFFECTS AND PROPERTY OF
hire or borrow in your business or your per- OTHERS EXTENSION
sonal affairs.
D. ADDCCIONAL INSURED BY CONTRACT, 1. The. Care, Custody or Control Exclusion of
PERMIT OR AGREEMENT SECTION II COVERED AUTOS
LIABILITY COVERAGE, does not apply to
The following is added to A.1. Who Is An In- "property damage" to property, other than
sured of SECTION II — COVERED AUTOS your property, up to an amount not exceed-
LIABILITY COVERAGE: ing $250 in any one "accident". Coverage
Any person or organization that you are re- is excess over any other valid and collectible
quired to name as an additional insured in a insurance.
written contract or agreement that is executed 2. The following paragraph is added to A.4.
or signed by you prior to a "bodily injury" or Coverage Extensions of SECTION III —
"property damage" occurrence is an "insured" PHYSICAL DAMAGE COVERAGE:
for Covered Auto L lability coverage. How- c. We will pay up to $500 for your property
ever, with respect to covered "autos", such that is lost or damaged as a result of a
person or organization is an insured only to covered "loss", without applying a de-
the extent that person or organization qualifies ductible. Coverage is excess over any
as an "insured"under A.1. Who is an Insured of other valid and collectible insurance.
SECTION Il — COVERED AUTOS LIABILITY
COVERAGE:
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H. PREJUDGMENT INTEREST COVERAGE substitute for a covered "auto"you own that
The following paragraph is added to SECTION II is out of service because of its:
— COVERED AUTOS LIABILITY COVERAGE, a. Breakdown;
2. Coverage Extensions, a. Supplementary b. Repair;
Payments: c. Servicing;
(7) Prejudgment interest awarded against the d. "Loss";or
"insured" on that part of the judgment we
pay. If we make an offer to pay the appli- e. Destruction
cable limit of insurance, we will not pay The coverage that applies is the same as
any prejudgment interest based on that the coverage provided for the vehicle being
period of time after the offer. replaced.
I. FELLOW EMPLOYEE — OFFICERS,
MANAGERS,AND SUPERVISORS L. EXPANDED TOWING COVERAGE
The Fellow Employee Exclusion in SECTION It 1. We will pay up to:
— COVERED AUTOS LIABILITY COVERAGE is a. $100 for a covered "auto" you own of
replaced as follows; the private passenger type,or
A. "Bodily injury" to any fellow "employee" of b. $500 for a covered "auto" you own that
the"insured"arising out of and in the course is not of the private passenger type,
of the fellow "employee's" employment or
while performing duties related to the con- for towing and labor costs incurred each
duct of your business. This exclusion does time the covered "auto" is disabled. Howev-
not apply to an "insured" who occupies a er, the labor must be performed at the place
position as an officer, manager, or supervi- of disablement.
sor. 2. This coverage applies only for an "auto"
J. HIRED AUTO PHYSICAL DAMAGE covered on this policy for Comprehensive or
If covered"auto"designation symbols 1 or 8 ap Specified Causes of Loss Coverage and
ply to Liability Coverage and if at least one "au—
to" you own is covered by this policy for Corn- 3. Payment applies in addition to the otherwise
prehensive, Specified Causes of Loss, or Colli- applicable amount of each coverage you
sion coverages, then the Physical Damage have on a covered"auto".
coverages provided are extended to "autos"you M. AUTO LOAN OR LEASE COVERAGE
lease, hire, rent or borrow without a driver; and 1. In the event of a total "loss" to a covered
provisions in the Business Auto Coverage Form "auto", we will pay any unpaid amount due
applicable to Hired Auto Physical Damage apply on the loan or lease, including up to a max-
up to a limit of $100,000. The deductible will be imum of $500 for early termination fees or
equal to the largest deductible applicable to any penalties,for your covered"auto"less:
owned "auto" for that coverage. Any Compre a. The amount paid under SECTION III —
hensive deductible does not apply to fire or PHYSICAL DAMAGE COVERAGE of
lightning. this policy; and
K. TEMPORARY SUBSTITUTE AUTOS —
PHYSICAL. DAMAGE COVERAGE b. Any:
The following is added to paragraph C. Certain 1) Overdue lease/loan payments at the
Trailers, Mobile Equipment And Temporary time of the"loss";
Substitute Autos of SECTION I - COVERED 2) Financial penalties imposed under a
AUTOS: lease for excessive use, abnormal
If Physical Damage Coverage is provided by wear and tear or high mileage;
this Coverage Form, the following types of 3) Security deposits not refunded by a
vehicles are also covered"autos" for Physi- lessor;
cal Damage Coverage: 4) Costs of extended warranties,Credit
Any "auto" you do not own while used with Life insurance, Health, Accident, or
the permission of its owner as a temporary Disability insurance purchased with
the lease;and
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AC 70 05 031 6
5) Carry-over balances from previous No deductible applies to glass if the glass is re-
leases. paired,in a manner acceptable to us, rather than
2. This coverage only applies to a "loss"which replaced.
is also covered under this policy for Corn- P. RENTAL REIMBURSEMENT COVERAGE
prehensive, Specified Causes of Loss, or 1. This coverage applies only to a covered"au-
Collision coverage. to" for which Physical Damage Coverage is
3. Coverage does not apply to any unpaid provided on this policy.
amount due on a loan for which the covered 2. We will pay for rental reimbursement ex-
"auto"is not the sole collateral. penses incurred by you for the rental of an
N. ORIGINAL EQUIPMENT MANUFACTURER "auto"because of"loss"to a covered"auto".
PARTS — LEASED PRIVATE PASSENGER Payment applies in addition to the otherwise
TYPES applicable amount of each coverage you
Under Paragraph C. Limit of Insurance of have on a covered "auto." No deductibles
SECTION III — PHYSICAL DAMAGE apply to this coverage.
COVERAGE, Section 4 is added as follows: 3. We will pay only for those expenses incurred
4. We will use new original equipment vehicle during the policy period beginning 24 hours
manufacturer parts for any private passen- after the"loss"and ending, regardless of the
ger type covered "auto" where required by policy's expiration, with the lesser of the
the lease agreement which has a term of at following number of days:
least six months. If a new original equip- a. The number of days reasonably
ment vehicle manufacturer part is not in pro- required to repair or replace the covered
duction or distribution we may use a like, "auto". If "loss" is caused by theft, this
kind and quality replacement part. number of days is added to the number
O. DEDUCTIBLE AMENDMENTS of days it takes to locate the covered
The following are added to the Deductible provi "auto"and return it to you.
sion of SECTION III — PHYSICAL DAMAGE b. The number of days shown in the
COVERAGE: Schedule.
If another policy or coverage form that is not an 4. Our payment is limited to the lesser of the
automobile policy or coverage form issued by following amounts:
this company applies to the same"accident",the a. Necessary and actual expenses
following applies: incurred.
1. If the deductible under this coverage is the b. $75 for any one day or for a maximum
smaller (or smallest) deductible, it will be of 30 days.
waived: 5. This coverage does not apply while there
2. If the deductible under this coverage is not are spare or reserve"autos"available to you
the smaller(or smallest) deductible,it will be for your operations.
reduced by the amount of the smaller (or 6. If "loss" results from the total theft of a cov-
smallest)deductible. ered "auto" of the private passenger type,
If a Comprehensive or Specified Causes of Loss we will pay under this coverage only that
Coverage "loss" from one "accident" involves amount of your rental reimbursement ex-
two or more covered "autos", only the highest penses which is not already provided for un-
deductible applicable to those coverages will be der SECTION III — PHYSICAL DAMAGE
applied to the "accident,"if the cause of the loss COVERAGE Coverage Extension.
is covered for those vehicles. This provision only Q. EXPANDED TRANSPORTATION EXPENSE
applies if you carry Comprehensive or Specified Paragraph A.4.a. of SECTION Ill — PHYSICAL
Causes of Loss Coverage for those vehicles, DAMAGE COVERAGE is replaced by the follow-
and does not extend coverage to any covered
"autos" for which you do not carry such ing:
coverage. We will pay up to $50 per day to a maximum of
$1500 for temporary transportation expense in-
curred by you because of the total theft of a
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COMMERCIAL AUTO
AC 70 05 03 16
covered "auto" of the private passenger type. ment manufacturer or other sources in-
We will only pay for those covered "autos" for cluding non-original equipment manu-
which you carry Comprehensive or Specified facturers and
Causes of Loss Coverage. We will pay for tern- b. If a repair or replacement results in bet-
porary transportation expenses incurred during ter than like kind or quality, we will not
the period beginning 24 hours after the theft and pay for the amount of the net improve-
ending, regardless of the policy's expiration, ment.
when the covered"auto"is returned to use or we
pay for its"loss". 5. If we offer to pay the actual cash value of
R. EXTRA EXPENSE—STOLEN AUTOS the damaged or stolen property, we will
value auto advertising wraps, paint customi-
The following paragraph is added to Coverage zation, and similar business related advertis-
Extensions of SECTION III — PHYSICAL ing modifications, in addition to the actual
DAMAGE COVERAGE: cash value of the property. Auto advertising
c. We will pay for up to$5,000 for the expense wraps, paint customization, and similar
of returning a stolen covered "auto" to you. business related advertising modifications
We will pay only for those covered "autos" will be valued at the cost to replace them
for which you carry Comprehensive or Spec- with an adjustment made for depreciation
ified Causes of Loss Coverage and physical condition.
S. PHYSICAL DAMAGE LIMIT OF INSURANCE T. NEW VEHICLE REPLACEMENT COST
Under SECTION III — PHYSICAL DAMAGE The following is added to the Limit of Insurance
COVERAGE, Paragraph C., Limit of Insurance provision of SECTION III — PHYSICAL
is replaced by the following: DAMAGE COVERAGE:
C. Limit Of Insurance 5. The provisions of paragraphs 1. and 3. do
1. The most we will pay for "loss" in any one not apply to a covered "auto" of the private
"accident"is the lesser of: passenger type or a vehicle with a gross
vehicle weight rating of 20,000 pounds or
a. The actual cash value of the damaged less which is a"new vehicle."
or stolen property as of the time of the In the event of a total "loss"to your new ve-
"loss", or
b. The cost of repairing or replacing the hide to which this coverage applies, we will
P 9 P 9 pay at your option:
damaged or stolen property. a. The verifiable "new vehicle" purchase
2. $1500 is the most we will pay for "loss" in price you paid for your damaged vehi-
any one "accident" to all electronic equip- cle, not including any insurance or war-
ment that reproduces, receives or transmits ranties purchased;
audio, visual or data signals which, at the b. If it is available, the purchase price, as
time of"loss", is: negotiated by us, of a "new vehicle" of
a. Permanently installed in or upon the the same make, model, and equipment
covered "auto" in a housing, opening or or the most similar model available, not
other location that is not normally used including any furnishings, parts, or
by the "auto" manufacturer for the in- equipment not installed by the manufac-
stallation of such equipment. turer or manufacturers'dealership;or .
b. Removable from a permanently installed c. The market value of your damaged ve-
housing unit as described in Paragraph hide, not including any furnishings,
2.a. above or is an integral part of that parts, or equipment not installed by the
equipment;or manufacturer or manufacturer's dealer-
c. An integral part of such equipment. ship.
3. An adjustment for depreciation and physical We will not pay for initiation or set up costs
condition will be made in determining actual associated with loans or leases
cash value in the event of a total"loss". As used in this endorsement, a "new
4. The cost of repairing or replacing may: vehicle" means an "auto" of which you are
a. Be based on an estimate which includes the original owner that has not been previ
parts furnished by the original equip-
AC 70 05 0316 Includes copyrighted material of Insurance Services Office, Inc., Page 5 of 7
with its permission
ACP BA 30-3-6645740 L734 17143 INSURED COPY AC7005031600 0001 47 0022046
COMMERCIAL AUTO
AC70050316
ously titled and which you purchased less a. Your obligation in the Duties in the Event
than 365 days before the date of the"loss". of Accident, Claim, Suit or Loss Condi-
tion relative to notification requirements
U. PHYSICAL DAMAGE COVERAGE applies only when the "accident" or
EXTENSIONS "loss"is known to:
Under SECTION III — PHYSICAL DAMAGE (1) You,if you are an individual;
COVERAGE, A. Coverage, Coverage Exten- (2) A partner,if you are a partnership;
sions, b. Loss of Use Expenses is replaced by (3) A member, if you are a limited liability
the following: company;or
b. Loss of Use Expenses (4) An executive officer or insurance
For Hired Auto Physical Damage. we will manager,if you are a corporation.
pay expenses for which an "insured" be- b. Your obligation in the. Duties in the Event
comes legally responsible to pay for loss of of Accident,Claim, Suit or Loss Condition
use of a vehicle rented or hired without a relative to providing us with documents
driver, under a written rental contract or concerning a claim or "suit" will not be
agreement. We will pay for loss of use ex- considered breached unless the breach
penses if caused by: occurs after such claim or"suit" is known
(1) Other than collision if the Declarations to:
indicate that Comprehensive Coverage (1) You,if you are an individual;
is provided for any covered"auto"; (2) A partner,if you are a partnership;
(2) Specified Causes of Loss only if the (3) A member, if you are a limited
Declarations indicate that Specified liability company;or
Causes of Loss Coverage is provided (4) An executive officer or insurance
for any covered"auto";or
manager,if you are a corporation.
(3) Collision only if the Declarations indicate
that Collision Coverage is provided for
any covered"auto." X. HIRED CAR—COVERAGE TERRITORY
However, the most we will pay for any (tern (5) of the Policy Period, Coverage Territory
expenses for loss of use is$50 per day,to a GeneralConditionss replaced by the following:
maximum of$1,500.The insurance provided (5) Anywheren theworldif a covered"auto" is
by this provision is excess over any other leased, hired, rented or borrowed without a
collectible insurance. driver for a period of 30 days or less;and
V. TRANSFER OF RIGHTS OF RECOVERY Y. EMERGENCY LOCKOUT
AGAINST OTHERS TO US We will reimburse you up to$100 for reasonable
The following is added to the Transfer Of Rights expense incurred for the services of a locksmith
Of Recovery Against Others To Us Condition: to gain entry into your covered "auto" subject to
We waive any right of recovery we may these provisions:
have against any person or organization to 1. Your door key, electronic key or key entry
the extent required of you by a written con- pad has been lost, stolen or locked in your
tract executed prior to any "accident" be- covered "auto" and you are unable to enter
cause of payments we make for damages such"auto" , or
under this coverage form. 2. Your keyless entry device battery dies and
W. NOTICE OF AND KNOWLEDGE OF you are unable to enter such "auto"as a re-
OCCURRENCE suit,
SECTION IV—BUSINESS AUTO 3. Your key, electronic key or key entry pad
CONDITIONS, Paragraph A is amended as has been lost or stolen and you have
follows: changed the lock to prevent an unauthorized
6. NOTICE OF AND KNOWLEDGE OF entry;and
OCCURRENCE
Page 6 of 7 Includes copyrighted material of Insurance Services Office, Inc AC 70 05 0316
with its permission.
ACP BA 30-3-6645740 1734 17143 INSURED COPY AC7005031600 0901 47 0022047
COMMERCIAL AUTO
AC 70 05 0316
4. Original copies of receipts for services of a If we cancel for any reason other than non-
locksmith must be provided before reim- payment of premium, we will mail or deliver
bursement is payable. to the First Named Insured written notice of
Z. CANCELLATION CONDITION cancellation at least 60 days before the ef-
fective date of cancellation. This provision
Paragraph A.2. of the COMMON POLICY does not apply in those states that require
CONDITION — CANCELLATION applies more than 60 days prior notice of cancella-
except as follows: tion.
AC 70 05 0316 Includes copyrighted material of Insurance Services Office, Inc., Page 7 of 7
with its permission
ACP BA 30-3-6645740 L734 17143 INSURED COPY AC7005031600 0001 47 0022048
Al„
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)11111k. Kirkpatrick
f, ..„, 4.....A.i
Landscaping Services, Inc. Serving the Coachella Valley Since 1968
Contractor Lic#503360 • DIR#1000008332
March 21, 2018
Randy Chavez
Landscape Supervisor
City of Palm Desert
73510 Fred Waring Drive
Palm Desert, CA 92260
Dear Randy,
We wish to take this opportunity to thank you and the City of Palm Desert for engaging our services over
the past 18 years. Most recently for areas 4 and 7. We highly value our relationship with the City.
At this time, we are compelled to address the minimum wage increase. This is mandated by the State
effective January 1, 2019 of$1.00 per hour.
The increase of an average of 50 cents per hour throughout the entire year(July 1,2018—June 30,2019),
plus burden, i.e. employers taxes, Social Security,Workers Compensation,etc. increases payroll costs by
approximately 10.27%. The net result is an increase of 3.08%to recurring operating costs. The total for
area 4 shall go from $102,387.84 to$105,541.44 annually($8,795.12 monthly).
We are estimating 5,676 hours annually for area 7.At 50 cents per hour,the total is$3,153.55 (including
burden). Our burden, i.e. employers taxes,Social Security, Workers Compensation, etc. totals$315.55.
We have also attached a list of extra work items that we shall be asking for an increase on as well.
If there is a way the City can help us offset this cost it would be greatly appreciated. It would also afford
us the opportunity to avoid cutting back on labor to cover this additional expense.
Again, it is our goal to continue to be a good value for the City. We feel the intimate business association
we have enjoyed over the years can continue to prove mutually beneficial.
Sincerely,
,-------- ,,,377------5---"")
Steve,et al
Enc.
43-752 Jackson Street,Indio,CA.92201 • Office: 760.347.6926 • Fax:760.347.4846
k1stwklsinc.net • www.kirkpatricklandscaping.com
4 LANDSCAPE AREA 7
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