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HomeMy WebLinkAbout2022-03-21 Sundahl, James.pdf1 Gloria Sanchez From:Rice, William <WRice@carlwarren.com> Sent:Friday, March 25, 2022 1:32 PM To:Varon, Tim Cc:Andrea Staehle; Mariana Rios; Amber Molina Subject:Re: James Sundahl DOL 03/15/2022 Claim 3031281 Attachments:20220325 Tender Lt H & H.pdf; CERT Doc.pdf; Pres Plaza Parking Lot Agreement.pdf Your attachments have been security checked by Mimecast Attachment Protection. Files where no threat or malware was detected are attached. Tim, Attached is my tender letter to H & H. William L. Rice William Rice | Claims Examiner Carl Warren & Company, LLC | A Venbrook Company PO Box 2411, Tustin, CA 92781 Office: (657) 622-4319 | Fax: (866) 254-4423 Because Quality and Integrity Matter... please EMAIL my Supervisor about the service you received. Important Notice: This e-mail (including any attachments) is intended solely for the use of the individual or entity to which it is addressed, and may contain information that is confidential, proprietary, non-public and/or privileged. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this e-mail in error, please delete it from your system and advise the sender immediately. Please be advised that we are unable to bind, endorse or amend coverage via voicemail, e-mail, or facsimile until confirmed in writing by an authorized representative of this office. We accept no liability for any damage caused by any virus transmitted by this e- mail. It is your responsibility to check this e-mail (including any attachments) for viruses. PO Box 2411, Tustin, CA 92781 T: 657-622-4200 | F: 866-254-4423 | www.carlwarren.com CA License #2607296 March 25, 2022 H & H General Contractors, Inc 7919 Palm Avenue Highland, CA 92346 Associated Industries Insurance Company, Inc 903 N.W. 65th Street, Suite 300 Boca Raton, Florida 33487-2864 Re: Principal : CJPIA Member Agency : City of Palm Desert Date of Event : 03/15/2022 Claimant : James Sundahl Our File Number : 3031281-WRV Dear H & H General Contractors & Associated Industries Insurance Company, We are the liability claim administrators for the self-insured public entity the City of Palm Desert. We have recently received the above captioned claim regarding James Sundahl . I am enclosing a copy of the claim filed by the claimant for your records and review. This may not be your first notice of this loss. This is a property damage claim that was submitted by the claimant for vehicle tire damages that resulted when he drove his automobile with trailer into your re-paving project and struck an exposed wire in the parking lot. Since the City of Palm Desert has Contract No. C37040A for President’s Plaza Parking Lot Improvements under Project No. 758-14 for this location, we are tendering this claim over to you to resolve. The City of Palm Desert now requests defense and indemnification for this case under the terms of the Contract. The City of Palm Desert is also named as an Additional Insured on the Certificate of Insurance and the Additional Insured Endorsements under Policy Number AES119416001 with Associated Industries Insurance Company, Inc. The City of Palm Desert now requests the defense and indemnification for this case under those terms of the policy. I am also tendering the indemnification of the City of Palm Desert in this case to you under an implied indemnity theory. We will seek to recover our attorney fees when allowed by Code of Civil Procedure section 1021.6. Please confirm receipt of this tender to the undersigned. If the acceptance of this tender is declined in whole or in part for any reason, please contact me immediately. Thank you in advance for your cooperation. Very truly yours, Page 2 of 2 PO Box 2411, Tustin, CA 92781 T: 657-622-4200 | F: 866-254-4423 | www.carlwarren.com CA License #2607296 William L. Rice William L. Rice Claims Examiner Carl Warren & Company, LLC | A Venbrook Company Enclosure: Copy of Claim, Contract & Certificate of Insurance. ACKNOWLEDGED: DATED: cc: Inland Empire-Alliant Insurance Services, Inc 685 Carnegie Dr., Suite 265 San Bernardino, CA 92408 cc: James Sundahl 45-700 Quail Brush Palm Desert, CA 92260 cc: City of Palm Desert - Attn.: Cora Gaugush 1 Gloria Sanchez From:Rice, William <WRice@carlwarren.com> Sent:Wednesday, March 23, 2022 3:17 PM To:Mariana Rios; Andrea Staehle Subject:Re: James Sundahl DOL 03/15/2021 Claim 3031281 Mariana & Andrea, The investigation and handling of this claim has been assigned to me. Was the project at this location contracted out? If so, please provide the name of the contractor, a copy of the contract, the contractor’s liability insurance certificate, and the endorsement naming the City as an additional insured under the contractor’s liability insurance policy. If the project was not contracted out, please provide us with a copy of any photos or reports prepared by staff and have staff comment on the allegations in the claim. Thank you. William L. Rice William Rice | Claims Examiner Carl Warren & Company, LLC | A Venbrook Company PO Box 2411, Tustin, CA 92781 Office: (657) 622-4319 | Fax: (866) 254-4423 Because Quality and Integrity Matter... please EMAIL my Supervisor about the service you received. Important Notice: This e-mail (including any attachments) is intended solely for the use of the individual or entity to which it is addressed, and may contain information that is confidential, proprietary, non-public and/or privileged. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this e-mail in error, please delete it from your system and advise the sender immediately. Please be advised that we are unable to bind, endorse or amend coverage via voicemail, e-mail, or facsimile until confirmed in writing by an authorized representative of this office. We accept no liability for any damage caused by any virus transmitted by this e- mail. It is your responsibility to check this e-mail (including any attachments) for viruses. 4/1I2021 PbSYSTEM City of Palm Desert F7 oi 8 C Back to Insurance Certificate Search PB System - Insurance Cert Detail Insurance for H&H GENERAL CONTRACTORS, INC. (ID 78399) i s oPe i Status Created On March 12, 2021 Last Modified by Agency March 25, 2021 Last Modified by Vendor March 25, 2021 Close Out Date 2/28 2 22 Insured siai s Approved me:s;rs ory Vendor Name H&H GENERAL CONTRACTORS, INC. Doing Business As H&H GENERAL CONTRACTORS, INC. FEI/TaxID 330882569 Owner's Name JUAN OLVERA Contact Name JUAN OLVERA Address 7919 PALM AVENUE Highland, California 92346 United States Phone 909-425-3907 Email monica@hhgcinc.com Contracts o, ;; President's Plaza Improvements Done Copyright : 2021 https://p bsystem. pla netbids. co m/h u b/icm/icm-detai I/78399 Privacy Policy Terms and Conditions 7/7 4/1/2021 PbSYSTEI"1 City of Palm Desert t-'UfCflaSe VfQefS w y L c PB System - Insurance Cert Detail No purchase orders have been added Agency Documents Document Library File - Sample Certificate of Insurance Sample GL Waiver of Subrogation Sample WC Waiver of Subrogation Sample G.L. Additional Insured Endorsement Sample Auto Additional Insured Endorsement Sample Minimum Insurance Specifications Sample Primary Non-Contributing Endorsement Contract Documents Vendor pocuments Certificate - City of Palm Desert.pdf 1.6 mb) 03/25/2021 Notes to Vendor Nntes Copyright O 2021 https:/Ipbsystem. planetbids.com/hub/icm/icm-detail/78399 tir, ,_ , ;,s:: Done Privacy Policy Terms and Conditions zn 4/1/2021 PI75YSTEMv., _, .;_, i IOI s I n 88a C PB System - Insurance Cert Detail City of Palm Desert uabmty and Huro uabiuty poucies. VVorKer's c;ompensation is requirea to meet statutory limits with Employers Liability Limits of $1,000,000 and include a waiver of subrogation in favor the City of Palm Desert, its officers, agents, empioyees, and volunteers. Blanket additional insured and waiver of subrogation endorsements are accepted, but specific wording should follow Ianguage in the contract if used. Primary/noncontributing endorsement is also requested for General Liability Pollcy. Producer Name' INLAND EMPIRE-ALLIANT INSURANCE SERVICE Address 685 CARNEGIE DRIVE SUITE 265 Gnntacf Name CHRISTINA MOUNTZ Phone' 909-886-9861 Ext Fax 909-886-2013 Email CMOUNTZ@ALLIANT.COM Insurers Name• ASSOCIATED INDUSTRIES INSURANCE COMPANY INC. NAICS nn Done Copyright : 2021 Privacy Policy Terms and Conditions https://pbsystem. pl anetb ids. com/h u b/icm/icm-deta i I/78399 3l7 4 2 2 PB System - Insurance Cert Detail F]bSYSTEM City of Palm Desert GENERAL CASUALTY CO OF WI (QBE) Nnics 24414 w Rating A (XV) Get Ra[ing Name' BENCHMARKINSURANCECOMPANY Q NAICS 41394 Rating A (VIII) 9! Coverages 88 C'd Coverage for General Liability s alus Approved Insurer ` SSOCIATED INDUSTRIES Poucy u • AES 119416001 Each Occurrence h-r 2,000,000.00 na,a - 6,000,000.00 Aggregate EffecGva ` 03/15!2021 Expires' 03/15/2022 Done Copyrigh[ OO 2021 Privacy Policy Terms and Conditions https://pbsystem. pia n etbi d s. comlh ublicm/icm-detail/78399 an 4/1I2021 PB System - Insurance Cert Detail bSYSTEM City of Palm Desert Contractor meets insurance limit requirements through an umbrella policy. w cc Coverage for Auto Liability status Approved Insurer " GENERAL CASUALTY CO c - Po icy # ` BCA0004933-01 Each Occurrence Min ' 0. Adu tl ' 1,000,000.00 Aggregate nn 88 $1,000.000.00 a Actual ` 2,,. C Other Details Effective ` 03l15/2021 Ezpires' 03/15/2022 Coverage for Workers Compensation (Statutory Limits) sta!us Approved Insurer' ERer,tive ` BENCHMARK INSURANCE 01l01/2021 Policy # ` Expires' CST5020730 01 /01 /2022 Copyright OO 2021 https://pbsyslem. pla netbids. com/h ublicm/ic m-deta i I/78399 LL JJ L Done Privacy Policy Terms and Conditions 5/7 4/1/2021 PbSYSTEM City oi Palm Desert i w J ul Aggregate ra n 1,000,000.00 n<<i 1,000,000.00 Other Details PB System - Insurance Cert Detail Coverage for Umbrella Policy status Approved Insurer' ASSOCIATED INDUSTRIES Policy t!' EXA119550602 Each Occurrence Min ` 88 $Z,,0. Artual' 5.000,000.00 C Aggregate ha 2,000,000.00 nciva ' 5.000.000.00 Effective ' 03/15/2021 Expires' 03/ 15/2022 Other Details I.-....-....I C h..+ AI..F....+...-. 1 :.. Copyright OO 2021 https://pbsystem. pla n etbids. com/h ub/icm/icm-detail/78399 Done Privacy Policy Terms and Conditions 6/7 4/1/2021 PbSYSTEM i w i c City of Palm Desert Copyrighl OO 2021 PB System - Insurance Cert Detail Done Privacy Policy Terms and Condltlons https://pbsystem.planetbids.com/hub/icmlicm-detail/78399 7l7 From:Aryan, Stephen To:Bowman, Randy; Sanchez, Gloria Subject:FW: Revised Certificate for H & H General Contractors Inc - City of Palm Desert Date:Wednesday, April 7, 2021 6:58:43 PM Attachments:Certificate - City of Palm Desert.pdf image001.png image002.png Please update your files, if needed, for H&H General Contracting with the attached insurance documents. This lists the City as the correct certificate holder. They uploaded it on the same day as interim approval, so you may have it already. I would just check that the City is listed on the first page under certificate holder, for the document you already have, and update if needed. Thank you! Stephen Stephen Y. Aryan Risk Manager Ph: 760.346.0611 Direct: 760.776.6326 saryan@cityofpalmdesert.org www.cityofpalmdesert.org Install the Palm Desert In Touch app to stay in touch with your community Android Apple Mobile Web H&HGENE-01 TWANG aCoi2o CERTIFICATE OF LIABILITY INSURANCE OATE(MMI00/YVYY) 3/26/2021 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 BYTHEPOLICIES 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 endorsement1 s. PRODUCER License # OC36861 I coNrncr Christlna M MountzNAME: Inland Empire•Alliant Insurance Services, Inc. I q C No, Ezt (909 886-9867 Fax 685 Carnegie Dr Ste 265 l ) ) (aic, rvo:(909) 886-2013 San Bernardino, CA 92408 I E-ma' cmountz@alliant.comADDRESS: INSIIRER(SI AFFOR ING COVERAGE iNsuaeRn:Associated Industries Insurance Company Inc INSURED H 8 H General Contrectors Inc PO Box 536 Highland, CA 92346 COVERAGES CERTIFICATE NUMBER: I iNsuaeae:Generol Casualtv Co of WI (QBE) I wsuaeac:Benchmark Msurance Companv NAIC # 23140 24414 41394 i iNsurserco: I INSURER E : I INSURER i : THIS IS TO CERTIFY THAT THE POLICIES OF WSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICV PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANV CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAV BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREINISSUBJECTTOALLTHETERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY 'AID CLAIMS. INSR rypE OF INSURANCE ADDLSUBR pOLICV NUMBER POLICY EFF POLICY EXP LIMITSLTRIN50WVDIMMIOIYYYYIIMMIDDIYYYYI A X GOMMERdALGENERALLIABILITY EACHOCCURRENCE g OOO OOO CLAIMS-MADE OCCUR X ( AES119416001 $$ZQZ 3$ZO22 I DAMAGETORENTED QQ,p plPRFMIFFRIFanrnurenral $ X$2,500 BI/PD Ded/Occ I n eo exP (nnv one oerson) S 5,OOOI I PERSONAL&ADVINJURV $ OOO OOOI GEN'L AGGREGATE LIMIT APPLIES PER' GENERAI AGGREGATE $ Z,OOO,OOO POLICY JECT LOC I PROOUCTS-COMPIOPAGG $ Z OOO OOOI OTHER; $ B AUTOM081LE LIA9ILITY COMBMED SINGLE LIMIT 'I,OOO,OOOIIFaacndenl $ nNvnuro X X BCA0004933-01 3I15/2021 3/15/2022 I goo v NduRv(Peroerson7 8 I OWNED SCHEOULED AUTOSONLY AUTOS I BO ILVINJURV/!Peracciden0 $ I X HIRED X NON-OWNE PROPERTVOAMAGE AUTOS ONLV AUTOS ONLY fPer accitlentl $ X`$500 Comp Detl X 550 Coll Detl I G A UMBRELLA LIAB I X I OCCUR X EXCE55 LIAB I CLAIMS-MADE I DE I% I RETENTION$ below Y/N NIA EXA119550602 X CST5020730 3I15/2021 3/15/2022 EACHOCCURRENCE 5,000,000 S,OOO,OOOI 1,000,OOOI 1,000,000 r 0 00 REVISION NUMBER: AGGREGATE $ Over GLIAL/EL $ X I STATl1TF I I F RH i/i/YOYi i i YOYP I ELEACHACCIDENT ELOISEASE-EAEMPLOYEE $ ELOISEASE-POLICVLIMIT $ OESCRIPTION OF OPERATIONS I LOCATIONS NEHICLE$ (ACORO 101, Atltlitional Remarks ScM1etlule, may be a tacM1etl If more space is requiretl) Re: Project #758-14, Contract MC37040A, Presideofs Plaza Parking Lot Improvements Con[ractor and Ci[y of Palm Desert, including tis officers, officials employees and agen[s are additional insureds, primary and non-con[ribu[ory, waiver of subrogation as respects to general liability per endorsements attached; additional insureds, waiver of subrogation as respects to auto liability per endorsement a[tached; waiver of subrogation as respects to workers' compensation per endorsement. CERTIFICATE HOLDER City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92660-2578 CANCELLATION SHOULD ANV OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZE REPRESENTATIVE P . ACORD 25 (2016/03) OO '1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 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 yo 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 Orqanization Job Descri tion 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: 1/1/2021 Policy No. CST5020730 Endorsement No. Policy Effective Dates: 01/01/2021 - 01/01/2022 Premium $ Insured: Carrier Name / Code: Benchmark Insurance CompanyA W C 04 03 06 P Ed. 4-84) Countersigned by Page 1 of 1 POLICY NLJMBER: BCA0004933-01 COMMERCIAL AUTO AH CA 85 90 09 17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CHANGES IN COMMERCIAL AUTO COVERAGE FORM This endorsement modifies insurance pro ded under the following: BUSINESS AUTO COVERAGE FORM A. BROADENED WHO IS AN INSURED Paragraph A.1. Who Is an Insured of SECTION II LIABILITY COVERAGE is amended to include the following: d. Any "employee" of yours is an "insured" while using a co,ered "auto" you don't own, hire or borrow in your business or your personal affairs. e. Any "employee" of yours is an "insured" while using an "auto" hired or rented under a contract or agreement in that "employ- ee's" name, with your permission, while performing duties related to the conduct of yourbusiness. f. Each person or Organization to whom you are required by a written contract or agreement to pro de additional insured status is an "insured" under Liability Cov- erage, but only to the extent that person or organization qualifes as an "insured" un- der the Who is an Insured Provision con- tained in Section II of the co 2rage form. The written contract or agreement must be in effect during the policy period shown in the Declarations and must ha 2 been exe- cuted prior to the "bodily injury" or "proper- ty damage." B. LIABILITY COVERAGE EXTENSIONS SUPPLE- MENTARY PAYMENTS Paragraphs A.2.a. (2) and A.2.a. (4) Coverage Extensions — Supplementary Payments of SECTION II — LIABILITY COVERAGE are deleted and replaced with the following: 2) Up to $5,000 for the cost of bail bonds including bonds for related traffic law violations) required because of an "ac- cidenY' we cover. We do not have to furnish these bonds. 4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. C. FELLOW EMPLOYEE COVERAGE Paragraph B.S. Fellow Employee Exclusion con- tained in SECTION II — LIABILITY COVERAGE does not apply if the "bodily injury" results from the use of a co,ered "auto" you own or hire that is not a bus, motorcycle or van used to transport em- ployees. This Fellow Employee Co rage is excess o,er any other collectible insurance. D. POLLUTION LIABILITY — BROADENED COV- ERAGE FOR COVERED AUTOS 1. Liability Coverage is changed as follows: a. Paragraph B.11.a. of the Pollution Exclu- sion in SECTION II — LIABILITY COV- ERAGE applies only to liability assumed under a contract or agreement. b. With respect to the co erage afforded by Paragraph 1.a. Above, Exclusion B.6. Care, Custody or Control of SECTION II LIABILITY does not apply. 2. Changes in Definitions For the purposes of this endorsement, Para- graph D. of SECTION V— DEFINITIONS is replaced by the following: D. "Co red pollution cost or expense" means any cost or expense arising out of: 1. Any request, demand, order or statuto- ry or regulatory requirement that any insured" or others test for, monitor, clean up, remo, contain, treat, de- toxiiy or neutralize, or in any way re- spond to, or assess the effects of "pol- lutants": or Includes copyrighted material of Insurance Sen,ices Offce, Inc., AH CA 85 90 09 17 with its permission. Page 1 of 6 2. Any claim or "suiY' by or on behalf of a go rnmental authority for damages be- cause of testing for, monitoring, cleaning up, removing, containing, treating, detoxiTy- ing or neutralizing, or in any way respond- ing to or assessing the effects of "pollu- tants". Co,ered pollution cost or expense" does not include any cost or expense arising out of the actual, alleged or threatened discharge, dis- persal, seepage, migration, release or escape of "pollutants": a. Before the "pollutants" or any property in which the "pollutants" are contained are mo ed from the place where they are accepted by the "insured" for mo,ement into or onto the co red auto"; or b. After the "pollutants" or any property in which the "pollutants" are contained are mo,ed from the co red "auto" to the place where they are finally deliv- ered, disposed of or abandoned by the insured". Paragraphs a. and b. abo do not apply to "accidents" that occur away from prem- ises owned by or rented to an "insured" with respect to "pollutants" not in or upon a co red "auto" if: 1) The "pollutants" or any property in which the "pollutants" are con- tained are upset, oeerturned or damaged as a result of the maintenance or use of a co red auto' ; and 2) The discharge, dispersal, seep- age, migration, release or escape of the "pollutants" is caused di- rectly by such upset, o erturn or damage. This Pollution Liability Co rage is subject to an Annual Aggregate Limit of Liability of $100,000. E. NEWLY ACQUIRED OR FORMED ORGANIZATI ONS Throughout this policy, the words you and your al- so refer to any organization you newly acquire or form, other than a partnership, joint nWre or lim- ited liability company, and oeer which you maintain ownership or majority interest, but only if there is no similar insurance available to that organization. Howe,er: 2. Unless you notify us to add co rage to your policy, the co rage under this pro sion is af- forded only until: a. The 120th day after you acquire or form the organization, or b. The end of the policy period, whiche,er is earlier. f i U7 j[Y 9I[7 Paragraph A.2. Towing of SECTION III — PHYS- ICAL DAMAGE COVERAGE is deleted and re- placed with the following: We will pay for towing and labor costs each time a co red "auto" is disabled. All labor must be per- formed at the place of disablement. If the "auto" is of the private passenger type, there will be no de- ductible. If the "auto" is other than a pri rate pas- senger type, a$100 deductible will apply. The most we will pay under this EXTENDED TOW- ING co erage is $750 per occurrence. G. PHYSICAL DAMAGE COVERAGE EXTENSIONS Paragraph A.4. — Coverage Extensions of SEC- TION III — PHYSICAL DAMAGE COVERAGE is amended as follows: a. Transportation Expenses The amount we will pay for temporary transportation expense is increased to $50 per day to a maximum of $3,000. b. Loss of Use Expenses The amount we will pay for loss of use is increased to $75 per day and to a maxi- mum limit of $1,000. H. RENTAL REIMBURSEMENT 1. This co erage applies only to a co red "auto" described or designated in the Schedule or in the Declarations as carrying physical damage co rage. 2. We will pay for rental reimbursement expenses incurred by you for the rental of an "auto" be- cause of "loss" to a co red "auto". Payment applies in addition to the othervvise applicable amount of co erage you ha on each co red auto". 3. We will pay only for those expenses incurred during the policy period beginning 24 hours af- ter the "loss" and ending, regardless of the pol- icy's expiration, with the lesser of the following number of days: 1. The co rage does not apply to an "accidenY' which occurred before you acquired or formed the organization. Includes copyrighted material of Insurance Sen,ices Offce, Inc., Page 2 of 6 with its permission. AH CA 85 90 09 17 a. The number of days reasonably required to repair or replace the co ered "auto". If loss" is caused by theft, this number of days is added to the number of days it takes to locate the coeered "auto" and re- turn it to you; or b. 30 days. 4. Our payment is limited to the lesser of the fol- lowing amounts: a. Necessary and actual expenses incurred; or b. $50 per day 5. This co,erage does not apply while there are spare or resen2 "autos" available to you for your operations. 6. If "loss" results from the total theft of a co 2red auto" of the private passenger type, we will pay under this co,erage only that amount of your rental reimbursement expenses which is not already pro ided for under the paragraph A.4. Coverage Extensions in SECTION III — PHYSICAL DAMAGE COVERAGE. No Deductible applies to this coeerage. I. AIRBAG COVERAGE Exclusion B.3. in SECTION III — PHYSICAL DAMAGE COVERAGE is amended to add: This exclusion does not apply to the accidental discharge of an airbag. J. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT 1. Coverage a. We will pay with respect to a co red "au- to" described in the Schedule for "loss" to any electronic equipment that recei s or transmits audio, tisual or data signals and that is not designed solely for the repro- duction of sound. This co rage applies only if the equipment is permanently in- stalled in the co,ered "auto" at the time of the "loss" or the equipment is removable from a housing unit which is permanently installed in the co red "auto" at the time of the "loss", and such equipment is de- signed to be solely operated by use of the power from the "auto's" electrical system, in or upon the co red "auto". b. We will pay with respect to a covered "au- to" described in the Schedule for "loss" to any accessories used with the electronic equipment described in Paragraph 1.a. abo. Howe,er, this does not include tapes, records or discs. 2. Exclusions The exclusions that apply to SECTION III — PHYSICAL DAMAGE, except for the exclusion relating to Audio, Visual and Data Electronic Equipment, also apply to co,erage pro ided by this endorsement. In addition, the following ex- clusions apply: We will not pay, under this endorsement, for either any electronic equipment or accessories used with such electronic equipment that is: a. Necessary for the normal operation of the co red "auto" or the monitoring of the co ered "auto's" operating system; or b. Bath: 1). An integral part of the same unit hous- ing any sound reproducing equipment designed solely for the reproduction of sound if the sound reproducing equip- ment is permanently installed in the co,ered "auto": and 2). Permanently installed in the opening of the dash or console normally used by the manufacturer for the installation of a radio. 3. Limit Of Insurance With respect to co rage under this endorse- ment, the Limit Of Insurance provision of SECTION III — PHYSICAL DAMAGE COV- ERAGE is replaced by the following: a. The most we will pay for all "loss" to audio, visual or data electronic equipment and any accessories used with this equipment as a result of any one "accident" is the lesser of: 1). The actual cash value of the damaged or stolen property as of the time of the loss"; 2). The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality; or 3). $1,500. b. An adjustment for depreciation and physi- cal condition will be made in determining actual cash value at the time of the "loss". c. If a repair or replacement results in better than like kind or quality, we will not pay for the amount of betterment. 4. Deductible No deductible applies to this co 2rage. The insurance pro ided by this extension is excess o r any other collectible insurance. Includes copyrighted material of Insurance Sen,ices Offce, Inc., AH CA 85 90 09 17 with its permission. Page 3 of 6 K. TAPES, RECORDS AND DISCS COVERAGE Exclusion B.4.a. of SECTION III — PHYSICAL DAMAGE COVERAGE is deleted and replaced by the following: a. Tapes, records, discs or other similar au- dio, visual or data electronic devices de- signed for use with audio, visual or data electronic equipment except when the tapes, records, discs or other similar au- dio, sual or data electronic devices: 1) Are your property or that of a family member, and 2) Are in a co,ered "auto" at the time of loss". a). The most we will pay for "loss" is 200. No Physical Damage Cov- erage deductible applies to this co rage. This extension provides co rage only to a coeered auto". L. PHYSICAL DAMAGE DEDUCTIBLE — SINGLE DEDUCTIBLE AND GLASS REPAIR Paragraph D. Deductible in SECTION III — PHYSICAL DAMAGE COVERAGE is deleted and replaced by the following: D. Deductible For each co red "auto," our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the applicable de- ductible shown in the Declarations. Any Com- prehensi Co rage deductible shown in the Declarations does not apply to "loss" caused by fre or lightning. When two or more co red "autos" sustain loss" in the same occurrence, the total of all the "loss" for all the inwl d co red "autos" will be reduced by a single deductible, which will be the largest of all the deductibles apply- ing to all such co 2red "autos." No deductible applies to glass damage if the glass is repaired rather than replaced. M. PERSONAL EFFECTS COVERAGE 1. If you purchase Comprehensi e Coverage on this policy for a stolen owned "auto", we will pay up to $600 for "personal effects" stolen with the "auto". 2. "Personal effects" as used in this extension means tangible property that is worn or carried by the "insured". "Personal effects" does not include tools, jewelry, money, securities, radar or laser detectors, or tapes, records, discs or similar audio, visual or data electronic equip- ment. No Deductible applies to this extension. The insurance provided by this extension is excess o r any other collectible insurance. N. LOAN/LEASE PAYOFF COVERAGE The SECTION III — PHYSICAL DAMAGE COV- ERAGE is amended by the addition of the follow- ing: In the event of a total "loss" to a covered "auto" shown in the Declarations, we will pay any unpaid amount due on the lease or loan for a co red "au- to", less: 1. The amount paid under the Physical Damage Coeerage Section of the policy; and 2. Any: a. O rdue lease/loan payments at the time of the "loss" b. Financial penalties imposed under a lease for excessi e use, abnormal wear and tear or high mileage. c. Security deposits not returned by the les- sor; d. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and e. Carry-o r balances from previous loans or leases. O. CUSTOM SIGNS AND DECORATIONS In the e 2nt of a total loss to a ehicle insured for auto physical damage co rage on this policy, in addition to the ACV of the hicle, we will pay the actual cost to repair or replace signage or custom paint details up to $5,000. P. HIRED AUTO PHYSICAL DAMAGE If hired "autos" are covered "autos" for Liability Co erage and if Physical Damage Co.erage of Comprehensiee, Specified Causes of Loss, or Col- lision are pro ded under this Co rage Form for any "auto" you own, then the Physical Damage Co erage's provided are extended to "autos" you hire of like kind and use subject to the following limit: The most we will pay for any one loss is the lesser of the following: 1. $50,OOOperaccident, Includes copyrighted material of Insurance Sen,ices Offce, Inc., Page 4 of 6 with its permission. AH CA 85 90 09 17 2. Actual Cash Value, or 3. The cost of repair. The deductible will be equal to the largest deducti- ble applicable to any owned "auto" for that co er- age. No deductible applies to "loss" caused by fre or lightning. This Hired Auto Physical Damage cov- erage is excess o r any other collectible insur- ance. Subject to the above limit, deductible and excess provisions, we will provide co rage equal to the broadest coeerage applicable to any co red auto" you own. Q. DUTIES IN EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS Subparagraphs A.2.a. of SECTION IV — BUSI- NESS AUTO CONDITIONS is deleted and re- placed by: a. In the e 2nt of "accidenY', claim, "suiY' or loss", you, your insurance manager or any other person you designate must gi,e us or our authorized representati prompt notice of such "accidenY' or "loss". Include: 1) How, when and where the "accident" or loss" occurred; 2) The "insured's" name and address; and 3) To the extent possible, the names and ad- dresses of any injured persons and wit- nesses. Knowledge of an "accident" or "loss" by your agent, servant or "employee" shall not be consid- ered knowledge by you unless you, your insurance manager or any other person you designate has recei d notice of the "accidenY' or "loss" from your agent, servant, or "employee." R. WAIVER OF SUBROGATION SECTION IV — BUSINESS AUTO CONDI- TIONS— A. 5. Transfer of Rights of Recovery Against Othersto Us is amended as follows: This condition does not apply to any person or or- ganization to which you wai.ed this condition by written contract or agreement, but only to the ex- tent that subrogation is wai d prior to the "acci- denY' or "loss" under a contract with that person or organization. S. UNINTENTIONAL FAILURE TO DISCLOSE HAZ- ARDS Paragraph B.2. Concealment, Misrepresentation Or Fraud in SECTION IV — BUSINESS AUTO CONDITIONS is amended by adding the following: Any unintentional failure to disclose all exposures or hazards existing as ofthe effecti e date ofthe Business Auto Co 2rage Form or at any time dur- ing the policy period will not invalidate or ad rsely affect the co rage for such exposure or hazard. Howe r, you must report the undisclosed expo- sure or hazard to us as soon as reasonably possi- ble after its disco ry. T. EXTENDED EMPLOYEE HIRED AUTO PHYSICAL DAMAGE Paragraph B.5.b. Other Insurance of SECTION IV BUSINESS AUTO CONDITIONS is deleted and replaced by the following: b. For Hired Auto Physical Damage Co,er- age, the following are deemed to be cov- ered "autos" you own: 1. Any co red "auto" you lease, hire, rent or borrow: and 2. Any coeered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your perrnission, while performing du- ties related to the conduct of your business. Howe r, any "auto" that is leased, hired, rented or borrowed with a dri 2r is not a co.ered "auto". U. POLICY PERIOD, COVERAGE TERRITORY Paragraph B.7. Policy Period, Coverage Territo- ry of SECTION IV — BUSINESS AUTO CONDI- TIONS is deleted and replaced by: 7. Policy Period, Coverage Territory Under this Coverage Form, we co r "acci- dents" and "losses" occurring: a. During the policy period shown in the Dec- larations; and b. Within the co rage territory. The co 2rage territory is: a. The United States of America; b. The territories and possessions of the United States of America; c. Puerto Rico; d. Canada; and e. Anywhere in the world if: 1) A co red "auto" is leased, hired, rented or borrowed for a period of 30 days or less; and Includes copyrighted material of Insurance Sen,ices Offce, Inc., AH CA 85 90 09 17 with its permission. Page 5 of 6 2) The "insured's" responsibility to pay damages is determined in a"suit" on the merits, in the United States of America, the territories and posses- sions of the United States of America, Puerto Rico, or Canada or in a settle- ment we agree to. We also co er "loss" to, or "accidents" inwlving, a co red "auto" while being transported between any of these places. V. DEFINITION OF BODILY INJURY AMENDED Paragraph C. of SECTION V— DEFINITIONS is amended to include: Bodily Injury" includes mental anguish or other mental injury resulting from "bodily injury." Howev- er, no co rage is provided for mental anguish or mental injury absent physical injury. None of the extensions provided under this co er- age endorsement apply if co,erage is more specif- cally identifed elsewhere in the policy or endorse- ments, for which a premium charge is made or a higher limit is identifed. Under no circumstances is any limit provided under this extension to be com- bined with a limit provided elsewhere in the policy or endorsements. Includes copyrighted material of Insurance Sen,ices Offce, Inc., Page 6 of 6 with its permission. AH CA 85 90 09 17 POLICY NUMBER: AE5119416001 COMMERCIAL GENERAL LIABILITY CG 20 33 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to include as an additional insured any person or or- ganization for whom you are pertorming opera- tions when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with re- spect to liability for "bodily injury", "property dam- age" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. A person's or organization's status as an addition- al insured under this endorsement ends when your operations for that additional insured are completed. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the ren- dering of, or the failure to render, any profes- sional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to pre- pare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifica- tions; or b. Supervisory, inspection, architectural or engineering activities. 2. "Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than ser- vice, maintenance or repairs) to be per- formed by or on behalf of the additional in- sured(s) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcon- tractor engaged in performing operations for a principal as a part of the same project. CG 20 33 07 04 OO ISO Properties, Inc., 2004 Page 1 of 1 POLICY NUMBER: AES119416001 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): All persons or organizations where written contract with the Named insured requires completed Operations coverage. This form does not apply to your work on "residential property" Location And Description Of Completed Opera- tions Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products- completed operations hazard". CG 20 37 07 04 O ISO Properties, Inc., 2004 Page 1 of 1 POLICY NUMBER: AES119416001 COMMERCIAL GENERAL LIABILITY NX GL 009 08 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTING INSURANCE THIRD-PARTY) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Third Party: All persons or organizations where required by written contract with the Named Insured Absence of a specifically named Third Party above means that the provisions of this endorsement apply as required by written contractual agreement with any Third Party for whom you are performing work.) Paragraph 4. of SECTION IV: COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced by the following: 4. Other Insurance: With respect to the Third Party shown above, this insurance is primary and non-contributing. Any and all other valid and collectable insurance available to such Third Party in respect of work performed by you under written contractual agreements with said Third Party for loss covered by this policy, shall in no instance be considered as primary, co-insurance, or contributing insurance. Rather, any such other insurance shall be considered excess over and above the insurance provided by this policy. NX GL 009 08 09 Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission POLICY NUMBER: AES119416001 COMMERCIAL GENERAL LIABILITY CG 24 04 OS 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: All persons or organizations where required by written contract with the Named Insured Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 OO Insurance Services Office, Inc., 2008 Page 1 of 1 1/28/2021 PB System pbSYSTEM City of Palm Desert ICI Fa- Qr Back to Insurance Certificate Search Insurance for Southstar Engineering (ID 77504) Insurance Detail Comments & History Status Created On October 23, 2020 3:56 PM Last Modified by Agency January 26, 2021 9:36 AM Last Modified by Vendor January 25, 2021 11:01 AM Close Out Date 06/30/2022 Status Approved Insured Vendor Name Southstar Engineering Doing Business As FEI/TaxID 205648626 Owner's Name Yvette Kirrin Contact Name Andres Iniguez Address N Done Copyright © 2021 PL4NET87DS Privacy Policy I Terms and Conditions https://pbsystem.planetbids.com/hub/icm/icm-detail/77504 1/9 1 /28/2021 PB System pbSYSTEM' City of Palm Desert w A 0 0 Email southstar_rfp©southstareng.com Contracts Contract title Construction Management Services for President's Plaza East and West Parking Lot Improvements Contract Number C37040B Status Awarded Type Start Date October 15, 2020 End Date June 30, 2022 Administrator cgaugush@cityofpalmdesert.org Purchase Orders No purchase orders have been added Agency Documents Sample Certificate of Insurance Sample GL Waiver of Subrogation Sample WC Waiver of Subrogation Sample G.L. Additional Insured Endorsement Sample Auto Additional Insured Endorsement Sample Minimum Insurance Specifications Done Copyright © 2021 PLANETBIDS Privacy Policy I Terms and Conditions https://pbsystem.planetbids.com/hub/icm/icm-detail/77504 2/9 1/28/2021 PB System pb 'sTEM ~ City of Palm Desert I=I riipt C- Southstar Engineering Presidents Plaza REVISED.pdf Recalled: President's Plaza Recalled: President's Plaza Workers Comp - Waiver of Subrogation.pdf Notes to Vendor Notes Please note that the City of Palm Desert and its officers, officials, employees, agents, and volunteers need to be listed as additional insureds on the General Liability and Auto Liability policies. Worker's Compensation is required to meet statutory limits with Employers Liability Limits of $1,000,000 and include a waiver of subrogation in favor the City of Palm Desert, its officers, agents, employees, and volunteers. Blanket additional insured and waiver of subrogation endorsements are accepted, but specific wording should follow language in the contract if used. Primary/noncontributing endorsement is also requested for General Liability Policy. Producer Name DAnmar Insurance Services Address 9899 Indiana Avenue, Ste 101 Riverside, CA 92503 Contact Name Amy Torgersen Phone * 951-509-0509 Done Copyright © 2021 PLANfTB!DS Privacy Policy I Terns and Conditions https://pbsystem.planetbids.com/hub/icm/icm-detail/77504 3/9 1/28/2021 PB System PbSYSTEMm City of Palm Desert Email amyt@danmarisins.com Insurers w O Name * Certain Underwriters at Lloyd's, London NAICS 85202 Rating N/A f Get Rating I Name * California Auto Ins Company NAICS 38342 Rating A (XII) I Get Rating I Name * Hartford Accident and Indemnity Company NAICS 22357 Rating A+ (XV) Get Rating Name * AmGUARD Insurance Company NAICS Done Copyright © 2021 PLANETOIDS Privacy Policy I Terms and Conditions https://pbsystem.planetbids.com/hub/icm/icm-detail/77504 4/9 1/28/2021 PB System pbS 'STEM City of Palm Desert 0 0 C-> Name Travelers Property Casualty Company of America NAICS 25674 Rating A++ (XV) I Get Rating I Coverages I Expand Alt II Collapse All Coverage for General Liability Insurer * Certain Underwriters at Lloyd's, London Policy # PF00048A20 Effective 11/17/2020 Expires * 11/17/2021 Each Occurrence Min 1 ,000,000.00 Actual * 1 ,000,000.00 Aggregate Status Approved Done Copyright ©2021 PLANETBIOS Privacy Policy I Terms and Conditions https://pbsystem.planetbids.com/hub/icm/icm-detail/77504 5/9 1/28/2021 PB System pbsysTEM City of Palm Desert ICI l Coverage for Auto Liability 0 Insurer" California Auto Ins Company Policy # BA040000063415 Effective " 11/17/2020 Expires * 11/17/2021 Each Occurrence Min 1 ,000,000.00 Actual * 1 ,000,000.00 Aggregate Min 1 ,000,000.00 Actual * 1 ,000,000.00 Status Approved Done Copyright © 2021 PLANETBIDS Privacy Policy I Terms and Conditions https://pbsystem.planetbids.com/hub/icm/icm-detail/77504 6/9 1/28/2021 PB System pbSYSTEM City of Palm Desert Coverage for Workers Compensation (Statutory Limits) Insurer * Hartford Accident and Indemnity Company Policy # 72WECVK5076 Effective * 02/09/2020 Expires * 02/09/2021 Each Occurrence Min 1 ,000,000.00 Actual * 1 ,000,000.00 Aggregate Min 1 ,000,000.00 Actual * 1 ,000,000.00 Other Details Status Approved Nir Done Copyright U 2021 PLANETBIOS Privacy Policy I Terns and Conditions https://pbsystem.planetbids.com/hub/icm/icm-detail/77504 7/9 1/28/2021 PB System pbSYSTEM ' City of Palm Desert 0 0 O Coverage for Professional Liability Insurer AmGUARD Insurance Company Policy # * SOPL1 08130 Effective 09/18/2020 Expires * 09/18/2021 Each Occurrence Min 1 ,000,000.00 Actual 3,000,000.00 Aggregate Min 1 ,000,000.00 Actual 3,000,000.00 Other Details Status Approved Done Copyright © 2021 PLANETBIOS Privacy Policy I Terms and Conditions https://pbsystem.planetbids.com/hub/icm/icm-detail/77504 8/9 1/28/2021 PB System PYbSSTEM4 City of Palm Desert Lai Internal Submit Notification List e 0 0 Email to Notify insurance@cityofpalmdesert.org Email to Notify cgaugush@cityofpalmdesert.org Email to Notify rbowman@cityofpalmdesert.org Done Copyright © 2021 PLANETB14S Privacy Policy I Terms and Conditions https://pbsystem.planetbids.com/hub/icm/icm-detail/77504 9/9 ACORD® CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 01/19/2021 PRODUCER Danmar Insurance Services Inc. License # OD36873 9899 Indiana Avenue, Ste 101 Riverside INSURED Southstar Engineering & Consulting Inc 1945 Chicago Ave., Unit C2 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). CONTACT Amy TorgersenNAME: PHONE (951) 509-0509 A/C No. Ext): E-MAILADDRESS: amyt@danmarins.comADDRESS: CA 92503 INSURER(S) AFFORDING COVERAGE INSURERA: Certain Underwriters at Lloyd's, London INSURER B : California Auto Ins Company INSURER c : Hartford Accident and Indemnity Co INSURER D : AmGuard Insurance Company INSURER E : A/CFAx, No): () 951 509-0515 Riverside CA 92507 I INSURER F : COVERAGES CERTIFICATE NUMBER: CL2012709520 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. INSR ADDL SUER POLICY EFF POLICY EXP TYPE OF INSURANCELTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) X COMMERCIAL GENERAL LIABILITY A B CLAIMS -MADE X OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: PRO- X POLICY JECT JECT OTHER: AUTOMOBILE LIABILITY X - ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY UMBRELLA LIAB EXCESS LIAB DED I I RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE C OFFICER/MEMBER EXCLUDED? Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below D Professional Liability LOC SCHEDULED AUTOS NON -OWNED AUTOS ONLY OCCUR CLAIMS -MADE YIN Y Y PF00048A20 11/17/2020 11/17/2021 Y Y BA040000063415 11/17/2020 11/17/2021 N/A Y 72WECVK5076 LIMITS EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL &ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG Employee Benefits COMBINED SINGLE LIMIT Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE Per accident) Non -owned EACH OCCURRENCE AGGREGATE XI STATUTE I OTH- ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT Each Claim SOPL108130 09/18/2020 09/18/2021 Aggregate 02/09/2020 02/09/2021 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Contract No. C37040B — Construction Management Services for President's Plaza East and West Parking Lot Improvements (Project No.758-14) As required by written contract The City of Palm Desert and its officers, officials, employees, agents and volunteers are named as additional insured on the General Liability and Business Auto, coverage is primary and non-contributing per (Scheduled AI,General Liability XI. Definitions, K., pg.30 of 47), GL PNC End and MCA85100817-CA. Waiver of Subrogation on behalf of the City of Palm Desert and its officers, officials, employees, agents and volunteers on the General Liability, Business Auto and Workers Compensation per VII. Our Obligation in the Event of a Claim/Circumstance pg.17 of 47, MCA85100817-CA and WC040306. 30 day notice of cacellation on behalf of the certificate holder on all policies, General Liability, Auto and WC990384. Replaces Previously Issued Certificate 12/07/20*** CERTIFICATE HOLDER CANCELLATION City of Palm Desert ATTN: Randy Bynder, Acting City Manager 73-510 Fred Waring Drive Palm Desert CA 92260 NAIC # 85202 38342 22357 42390 1,000,000 100,000 10,000 1,000,000 2,000,000 1,000,000 100,000 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 3,000,000 3,000,000 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number: 72 WEC VK5076 Endorsement Number: Effective Date: 02/09/20 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: SOUTHSTAR ENGINEERING & CONSULTING INC 1945 CHICAGO AVE UNIT C RIVERSIDE CA 92507 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 % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description Any person or organization from whom you are required by written contract or agreement to obtain this waiver of rights from us Countersigned by Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. Process Date: 12/31/19 Policy Expiration Date: 02/09/21 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) Policy Number: 72 WEC VK5076 Endorsement Number: Effective Date: 02/09/20 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: SOUTHSTAR ENGINEERING & CONSULTING INC 1945 CHICAGO AVE UNIT C RIVERSIDE CA 92507 This policy is subject to the following additional Conditions: A. If this policy is cancelled by the Company, other than for non-payment of premium, notice of such cancellation will be provided at least thirty (30) days in advance of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. B. If this policy is cancelled by the Company for non-payment of premium, or by the insured, notice of such cancellation will be provided within ten (10) days of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. If notice is mailed, proof of mailing to the last known mailing address of the certificate holder(s) on file with the agent of record or the Company will be sufficient proof of notice. Any notification rights provided by this endorsement apply only to active certificate holder(s) who were issued a certificate of insurance applicable to this policy's term. Failure to provide such notice to the certificate holder(s) will not amend or extend the date the cancellation becomes effective, nor will it negate cancellation of the policy. Failure to send notice shall impose no liability of any kind upon the Company or its agents or representatives. Form WC 99 03 94 Printed in U.S.A. Process Date: 12/31/19 Policy Expiration Date: 02/09/21 2011, The Hartford This Policy is a contract of insurance between you and us. Please read the entire Policy carefully to determine your rights, duties, and what is covered/not covered. The Policy must be read together with the Declarations page and any Endorsements. NOTE: COVERAGE TRIGGERS. Insuring Clauses 1-7 and 12 are provided on a Claims Made and Reported basis. That is, coverage applies only to claims first made against you during the policy period and reported in writing to us pursuant to the terms of this Policy. Insuring Clauses 8-11 are provided on an Occurrence basis. That is, coverage only applies to claims arising out of an occurrence that first occurs during the policy period. Please review the coverage afforded under this Policy carefully and discuss with your insurance agent or broker if necessary. Terms in bold, lower case print are defined terms and have a special meaning as set forth in Section XI. DEFINITIONS. Words stated in the singular will include the plural and vice versa. In consideration of payment of the premium due, and in reliance upon the information that you have provided to us prior to the commencement of this Policy, we agree to provide the cover as set out below. Under Insuring Clauses 1-7 and 12, it is condition precedent to our obligations to you that: 1. any claim must first be made against you during the policy period or any applicable extended reporting period; 2. any claim or rectification event be reported to us in writing as soon as practicable during the policy period, but in no event later than sixty days (60) after the expiration of the policy period, or during any applicable extended reporting period; 3. the acts, errors or omissions, including any series of related acts errors or omissions, that give rise to the claim or rectification event occur wholly on or after the Retroactive Date; and 4. prior to the inception of this Policy, you had no knowledge of any facts or circumstances that give rise to any claim or rectification event. Under Insuring Clauses 8-11, it is condition precedent to our obligations to you that: 1. the bodily injury or property damage is caused by an occurrence that first takes place during the policy period; and 2. prior to the inception of this Policy, you had no knowledge of any bodily injury or property damage, in whole or in part, that gives rise to any claim. PROFESSIONAL LIABILITY We agree to pay those sums which you become legally obligated to pay as damages and claims expenses for any claim arising out of any: INSURING CLAUSE 1: DESIGN/ENGINEERING/CONSTRUCTION PROFESSIONAL LIABILITY negligent act, error, omission or pollution condition in rendering or failing to render professional services by you or by any person, including an independent contractor, for whose negligent act, error or omission you are legally responsible. Page 10 of 47 INSURING CLAUSE 2: TECHNOLOGY -BASED SERVICES & PRODUCTS A. negligent act, error or omission, or any unintentional breach of contract, in rendering or failing to render technology -based services by you or by any person, including an independent contractor, for whose negligent act, error or omission or unintentional breach of contract you are legally responsible. B. negligent act, error or omission, or any unintentional breach of contract by you that results in the failure of technology products to perform their function or serve the purpose intended. RECTIFICATION COVER We agree to pay rectification costs reasonably and necessarily incurred by you with our prior written consent for a rectification event provided that: INSURING CLAUSE 3: RECTIFICATION COSTS A. prior to incurring any rectification cost, you can demonstrate to us the likelihood of a claim being made against you in the absence of such efforts; B. the proposed rectification costs are less than the expected damages from the anticipated claim; and C. the proposed rectification costs do not include any provision for salaries or other remuneration of your employees, any provision for your loss of profit or any provision for your normal operating expenses. POLLUTION & MOLD LIABILITY We agree to pay those sums which you become legally obligated to pay as damages and claims expenses resulting from any claim: INSURING CLAUSE 4: POLLUTION LIABILITY for any pollution condition: A. arising out of the performance of or failing to perform contracting services by you or by any person, including an independent contractor, for whom you are legally responsible. B. wholly occurring during and resulting solely from transportation. This Insuring Clause shall not be utilized to evidence your financial responsibility under any federal, state, provincial or local law. C. originating from a non -owned disposal site and that is on, at, under or migrates from such non - owned disposal site; provided that the pollution condition arises from waste or materials generated by the performance of contracting services. INSURING CLAUSE 5: MOLD LIABILITY for any mold condition arising out of the completed operations hazard. Page 11 of 47 CYBER LIABILITY We agree to pay those sums which you become legally obligated to pay as damages and claims expenses resulting from any claim: INSURING CLAUSE 6: CYBER, PRIVACY & COMPUTER NETWORK SECURITY arising out of any negligent act, error or omission resulting in a first party privacy breach, third party privacy breach or network security event. In order for coverage to be triggered you must, at the time of such acts, errors or omissions, have in place a privacy policy that addresses the subsections contained with the definition of privacy breach or network security event. MEDIA & ADVERTISING LIABILITY We agree to pay damages and claims expenses resulting from any claim: INSURING CLAUSE 7: MEDIA & ADVERTISING LIABILITY for liability imposed by law or assumed under contract arising out of: a. defamation, libel, slander, product disparagement, trade libel, prima facie tort, infliction of emotional distress, outrage, outrageous conduct, or other tort related to disparagement or harm to the reputation or character of any person or organization; b. invasion of or interference with the right to privacy or of publicity; c. misappropriation of any name or likeness for commercial advantage; d. false arrest, detention or imprisonment or malicious prosecution; e. invasion of or interference with any right to private occupancy, including trespass, wrongful entry, eviction or eavesdropping; f. plagiarism, piracy or misappropriation of ideas under implied contract; g. infringement of copyright; h. infringement of trade dress, domain name, title or slogan, or the dilution or infringement of trademark or service mark; i. negligence regarding the content of any media communication, including harm caused through any reliance or failure to rely upon such content; or j. misappropriation of trade secret; in the course of your performance of professional services, media activities or technology -based services. Provided, however, this Policy shall not apply to any claim for, or arising out of the disclosure, misuse or misappropriation of any ideas, trade secrets or confidential information that came into the possession of any person prior to the date he or she became an employee, officer, director, principal or partner of yours. Page 12 of 47 GENERAL LIABILITY We agree to pay: INSURING CLAUSE 8: BODILY INJURY & PROPERTY DAMAGE those sums which you become legally obligated to pay as damages and claims expenses resulting from any claim arising out of bodily injury or property damage occurring in the course of your business activities. INSURING CLAUSE 9: PRODUCTS & COMPLETED OPERATIONS those sums which you become legally obligated to pay as damages and claims expenses resulting from any claim arising out of the completed operations hazard. INSURING CLAUSE 10: TENANTS' LEGAL LIABILITY those sums which you become legally obligated to pay as damages and claims expenses resulting from any claim arising out of property damage to premises leased to, hired by, on loan to or held in trust by you, or otherwise in your care, custody or control. INSURING CLAUSE 11: MEDICAL EXPENSES medical expenses for bodily injury to a third party arising out of your business activities; a. on premises you own or rent; or b. on ways next to premises you own or rent; provided that: i. the third party, at the time of the accident, is not entitled to benefits under any workers' compensation or disability law (or similar); ii. the medical expenses are incurred and notified to us within one year of the date of the accident; and iii. the third party submits to examination, at our expense, by physicians of our choice and as often as we reasonably require. We will make these payments regardless of fault. INSURING CLAUSE 12: EMPLOYEE BENEFITS LIABILITY those sums which you become legally obligated to pay as damages and claims expenses resulting from any claim arising out any negligent act, error or omission committed by you or on your behalf in the administration of your employee benefit program. Page 13 of 47 Payments made under this section are not subject to the Each Claim Deductible and are payable by us in addition to the Limits of Liability (see Declarations and Section III. HOW MUCH WE WILL PAY): A. Court/Mediation Attendance Reimbursement Upon our request, you shall attend mediation meetings, arbitration proceedings, hearings, depositions and trials relative to the defense of a claim. After the first 3 days' attendance required for each claim, we shall reimburse you, upon written request, for actual loss of earnings and reasonable expenses due to such attendance up to $500 for each day, subject to a maximum amount of $10,000 for each claim. B. Regulatory / Administrative Actions Reimbursement Upon your written request we will reimburse you for legal fees and expenses up to $30,000 in the aggregate for the policy period that you incur, with our prior written consent, in responding to a regulatory or administrative action brought directly against you during the policy period by a government agency under the Americans with Disabilities Act of 1990 (ADA), the Fair Housing Act FHA) or the Occupational Safety and Health Act (OSHA) or any similar law or legislation of any state, provided that the regulatory or administrative action: i. arises out of your rendering of or failure to render professional services; and ii. is reported to us during the policy period. We have no duty to defend you against any regulatory or administrative action or to pay any fine, penalty or award resulting from any regulatory or administrative action. After we have paid $30,000 under this Section II.B., we shall not be obligated to pay any further legal fees and expenses. C. Disciplinary Proceedings Reimbursement Upon your written request we will reimburse you, upon written request, for legal fees and expenses up to $10,000 in the aggregate for the policy period, incurred by you with our prior written consent, in responding to a disciplinary proceeding brought directly against you during the policy period provided that the disciplinary proceeding: i. arises out of your rendering of or failure to render professional services; and ii. is reported to the us during the policy period. We have no duty to defend you against any disciplinary proceeding or to pay any fine, penalty or award resulting from any disciplinary proceeding. After we have paid $10,000 under this Section II.C., we will not be obligated to pay any further legal fees and expenses. D. Reputation Management Reimbursement We will reimburse you up to $15,000 in in the aggregate for the policy period, for costs for reputational management consulting services provided by a public relations firm which are incurred, by you, in connection with a claim covered under this Policy which you reasonably believe will have a material adverse effect upon your reputation. Page 14 of 47 After we have paid $15,000 under this Section II.D., we shall not be obligated to pay any further Reputational Management Expenses. III. HOW MUCH WE WILL PAY A. The Limit of Liability stated in Item 3.(a) of the Declarations for Each Claim is the limit of what we will pay for all damages and claims expenses arising out of any single claim, or for rectification costs due to a rectification event, or for medical expenses due to an occurrence, subject to any applicable sub -limits stated in Item 3.(b) of the Declarations. If more than one Insuring Clause is triggered by a single claim, only one Each Claim limit will apply and this will be the highest of the Each Claim limits available. B. The Overall Policy Aggregate Limit of Liability stated in Item 3.(c) of the Declarations is our combined total Limit of Liability for all claims, rectification events and occurrences which are covered under the terms and conditions of this Policy, subject to any applicable sub -limits stated in Item 3.(c) of the Declarations. C. When we defend a claim, we will pay claims expenses incurred with our prior written consent. The Limit of Liability available to pay damages shall be reduced by, and may be completely exhausted by, payment of claims expenses. Damages and claims expenses shall be applied against the Each Claim Deductible. D. Neither the inclusion of more than one Insured under this Policy, nor the making of claims by more than one person or entity shall increase the Limit of Liability. E. Our maximum aggregate Limit of Liability with respect to all claims brought by, or on behalf of, or in the name of, or involving the same claimant on a single project or related projects, shall not exceed the Each Claim Limit of Liability stated in Item 3.(a) of the Declarations. IV. YOUR DEDUCTI A. The Each Claim Deductible stated in Item 4. of the Declarations applies separately to each claim or rectification event. It is your obligation to satisfy the Each Claim Deductible by payment of damages, claims expenses or both. Your payment of the Each Claim Deductible is a condition precedent to our obligations to pay covered damages and claims expenses, and we shall be liable only for amounts in excess of said Deductible. B. If you are covered for damages and/or claims expenses under any other Policy of insurance, your payment of any Deductible under those Policies will not satisfy your obligation to pay the Each Claim Deductible under this Policy. C. If, upon our request, you agree to use mediation to resolve a claim prior to the commencement of litigation, and the claim is resolved as a result of the mediation, then your Deductible obligation shall be reduced by fifty percent (50%) to a maximum reduction of $25,000. V. YOUR OBLIGATIONS IN THE EVENT OF A CLAIM/CIRCUMSTANCE Page 15 of 47 A. If any claim is made against you, you shall forward as soon as practicable through the persons named in Item 8. of the Declarations, written notice of the claim to us by email or letter which should include any related documents you have received. This must be received by us no later than sixty calendar days (60) after the expiration of the policy period, or by the end of the extended reported period if purchased. B. You shall not take any action which in any way increases our exposure under the Policy. You shall not, without our prior written consent: 1. admit liability; 2. make any payment; 3. assume any obligations; 4. incur any expense; 5. enter into any settlement; 6. stipulate to any judgement or award; or 7. dispose of any claim. C. A claim shall be considered as reported to us when written notice is first received by us. D. If you become aware of any circumstance, including any occurrence which may result in a claim, you should report the following in writing, as soon as practicable, to the persons named in Item 8. of the Declarations: 1. the specific details of the act, error or omission, accident, pollution condition or mold condition that gave rise to the circumstance; 2. the injury or damage which may result or has resulted from the circumstance; and 3. the facts by which you first became aware of the circumstance. Any subsequent claim made against you arising out of such circumstance will be deemed to have been made at the time written notice complying with the above requirements was first received by us. VI. YOUR ASSISTANCE, COOPERATION & REPRESENTATIONS A. You shall cooperate with us in all investigations, including investigations regarding the application for and coverage under this Policy. B. Upon our request, you shall render all assistance as is requested by us, including: 1. executing all papers; 2. assisting in making settlements; 3. assisting in the conduct of suits and in enforcing any right of contribution or indemnity against any person or organization who may be liable to you because of acts, errors, omissions, accidents, pollution Page 16 of 47 conditions, mold conditions or media activities with respect to which insurance is afforded under this Policy; and 4. attending hearings and trials and assisting in securing and giving evidence and obtaining the attendance of witnesses. C. If you shall make any claim under this Policy knowing such claim to be false or fraudulent, with regards to the amount or otherwise, this Policy shall become null and void, and all coverage hereunder shall be forfeited. D. By acceptance of this Policy, you agree that the statements contained in any application submitted therewith are your agreements and representations, that they shall be deemed material to the risk assumed by us, and that this Policy is issued in reliance upon the truth thereof. The misrepresentation or non -disclosure of any matter by you or your agent in any application submitted to us will render the Policy null and void and relieve us from all liability under the Policy. The application is deemed incorporated into and made a part of this Policy. VII. OUR OBLIGATIONS IN THE EVENT OF A CLAIM/CIRCUMSTANCE A. We shall have the right and duty to defend, subject to the Limit of Liability, exclusions and other terms and conditions of this Policy: 1. any claim against you seeking damages which are payable under the terms of this Policy, even if any of the allegations of the claim are groundless, false or fraudulent; or 2. any claim in the form of a civil suit against you that seeks injunctive relief (meaning a temporary restraining order or a preliminary or permanent injunction) for one or more of the acts listed in Insuring Clause 7.a. B. We shall have the right to make any investigation we deem necessary, including, without limitation, any investigation with respect to the application and statements made in the application and with respect to coverage. However, notwithstanding the above, your rights under this Policy shall not be prejudiced by any refusal to disclose the identity of any confidential source of information, or to produce any documentation or information obtained in the course of media activities in respect of which you have asserted a claim of reporter's privilege or any other privilege regarding the protection of news - gathering activities. C. We have the right, at our discretion, to negotiate and settle any claim but will not enter into a settlement without your written consent. If you shall refuse to consent to any settlement or compromise we recommend which is acceptable to the claimant and you elect to contest the claim, our liability for any damages and claims expenses shall not exceed: 1. the amount for which the claim could have been settled, less the remaining Each Claim Deductible, plus the claims expenses incurred up to the time of such refusal; and Page 17 of 47 2. 30% of any damages and claims expenses incurred after the date such settlement or compromise was recommended to you, with the remaining 70% of such damages and claims expenses to be borne by you at your own risk and uninsured; or 3. the applicable Limit of Liability, whichever is less. At that point we shall have the right to withdraw from the further defense thereof by tendering control of said defense to you. The portion of any proposed settlement or compromise that requires you to cease, limit or refrain from actual or alleged infringing or otherwise injurious activity, or is attributable to future royalties or other amounts that are not damages, shall not be considered in determining the amount for which a claim could have been settled. D. It is further provided that we shall not be obligated to pay any damages or claims expenses, or to undertake or continue defense of any suit or proceeding after the applicable Limit of Liability has been exhausted, or after deposit of the applicable Limit of Liability in a court of competent jurisdiction. E. In the event we make any payment under this Policy, we shall be subrogated to all of your rights of recovery therefore against any person, organization or other third party, and you shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. You will do nothing to prejudice such subrogation rights. Any amount recovered upon the exercise of such rights of subrogation shall be applied as follows: first, to the repayment of expenses incurred toward subrogation; second, to damages and/or claims expenses paid by us; and third, to the Deductible. Any additional amounts recovered shall be paid to you. We agree to waive our rights of recovery against any client of yours for a claim which is covered pursuant to this Policy if you had, prior to such claim, a written agreement in place to waive such rights. F. This Insurance shall apply in excess of and shall not contribute with: 1. any other insurance or indemnification available to you, whether such insurance or indemnification is collectible or uncollectible, whether such insurance is stated to be primary, pro rata, contributory, excess, contingent or otherwise, including, but not limited to, any project specific professional liability, contractors pollution liability and/or products and completed operations liability insurance; and 2. any self -insured retention or deductible portion thereof; unless such other insurance is written only as specific excess insurance over the Limit of Liability of this Policy. A. You may cancel this Policy with thirty days' (30) notice by: Page 18 of 47 1. surrendering a copy of the Policy to us; or 2. delivering to us written notice stating your desire to cancel the Policy and providing a date for cancellation. B. We may cancel this Policy by delivering to you at the address shown in the Declarations, written notice stating our intention to cancel the Policy with the reasons for cancellation. This written notice must be delivered to you not less than thirty days (30) prior to the proposed cancellation date. The effective date of cancellation stated in the notice shall become the end of the policy period. If you fail to pay a premium when due, then upon ten days' notice to you, the Policy is cancelled at inception and no coverage will be provided by us. C. If this Policy is cancelled by you, we shall retain the pro rata portion of the premium as determined by the cancellation date, subject to a minimum amount of 30% of the annual premium. If this Policy is cancelled by us, we shall retain the pro rata portion of the premium as determined by the cancellation date. Payment or tender of any unearned premium by us shall not be a condition precedent to the effectiveness of cancellation. D. In the event of any claim or circumstance under this Policy, all premium shall be deemed as earned at the time of notice of such claim or circumstance, and we are not obligated to return any premium to you in the event of pursuant cancellation by you or us. IX. OPTIONAL EXTENDED REPORTING PERIOD This section applies in respect of Insuring Clauses 1-7 and 12: A. If this Policy is cancelled or non -renewed by us (except for non-payment of premium) or cancelled by you, then you shall have the right, upon payment of an additional premium calculated at that percentage shown in Item 7.(a) of the Declarations of the total premium for this Policy, to an extension of the coverage granted by this Policy with respect to any claim first made against you and reported in writing to us during the period of time set forth in Item 7.(b) of the Declarations after the end of the policy period, but only with respect to any act, error, omission, pollution condition or mold condition committed, performed or arising wholly on or after the Retroactive Date and wholly before the effective date of cancellation or non -renewal. B. As a condition precedent to your right to purchase an extended reported period, the total premium for this Policy, and any Deductible payments due, must have been paid. The right to purchase an extended reported period shall terminate unless written notice together with full payment of the premium for the extended reported period is given to us within thirty days (30) after the effective date of cancellation or non -renewal. C. At the commencement of the extended reported period, the entire premium shall be deemed fully earned, and in the event of you terminating the extended reported period for any reason, we shall not be liable to return to you any portion of the premium received. Page 19 of 47 D. The Limit of Liability for the extended reported period shall be part of, and not in addition to the Limit of Liability for the policy period, and is in no way increased by its purchase. We will have no obligation to defend you, or to pay any damages or claims expenses you become obligated to pay for any claim based upon, arising out of, attributable to or involving directly or indirectly: A. EXCLUSIONS APPLICABLE TO ALL INSURING CLAUSES 1. Criminal, Dishonest, Intentional, Fraudulent, Malicious, Wilful or Knowing Acts any criminal, dishonest, intentional, fraudulent, malicious, willful or knowing act, error or omission committed by you; however, this Policy shall apply to claims expenses incurred in defending any such claim alleging the foregoing until such time as there is a final adjudication, judgment, binding arbitration decision or conviction against you, or admission by you, establishing such criminal, dishonest, intentional, fraudulent, malicious willful or knowing conduct, or a plea of nolo contendere or no contest regarding such conduct, at which time you shall reimburse us for all claims expenses incurred defending the claim, and we shall have no further liability for claims expenses. Provided, that this exclusion shall not apply to any claim based upon or arising from your unintentional breach of a written agreement to refrain from disclosing confidential or proprietary information in rendering or failure to render professional services or in the performance of or failure to perform contracting services. 2. Prior Knowledge, Prior Notice and Prior Acts any actual or alleged act, error, omission, occurrence, pollution condition or mold condition committed or arising prior to the inception date of this Policy; a. if any director, officer, principal, partner, insurance manager or any member of your risk management or legal department knew or could have reasonably foreseen, on or before the inception date, that such act, error, omission, occurrence, pollution condition or mold condition might be expected to be the basis of a claim; or b. in respect of which you have given notice of a claim or circumstance to the insurer of any other policy in force prior to the inception date of this Policy. 3. Insured versus Insured any entity or individual that qualifies as an Insured under this Policy as per Section XI. VV., provided, that this exclusion shall not apply to a claim by or on behalf of any of your clients who qualify as an Insured by virtue of Section XI. VV.7. 4. Ownership Interest and Outside Positions Page 20 of 47 any of your activities as a trustee, partner, officer, director or employee of any employee trust, charitable organization, corporation, company or business other than your own, or any entity which: a. is operated, managed or controlled by you or in which you have an ownership interest which cumulatively exceeds fifteen percent (15%), or in which you are an officer or director; or b. operates, controls or manages you, or has an ownership interest of more than fifteen percent (15%) in you. 5. Discrimination, Humiliation, Harassment and Misconduct any actual or alleged discrimination, humiliation, harassment or misconduct because of age, color, race, sex, creed, national origin, marital status, sexual preference or orientation, religion, disability or pregnancy; provided, that this exclusion shall not apply to any claim based upon the Americans with Disabilities Act of 1990 (ADA), as amended, or the Fair Housing Act (FHA), or any state or local versions of those acts, and arising out of your rendering or failure to render professional services. 6. Contractual Liability the breach of any contractual obligation except: a. an express or implied duty to exercise a degree of care or skill as is consistent with applicable industry standards; or b. any liability that would exist in the absence of such contract. 7. Express Warranties, Representations, Guarantees and Promises the breach of any: a. express warranty or representation except for an agreement to perform within a reasonable standard of care or skill consistent with applicable industry standards; or b. guarantee or any promise including, without limitation, cost saving, cost of construction, maximum construction price, financing, profit, or return on investment, unless proximately caused by your negligent act, error or omission in rendering or failure to render professional services. 8. Faulty Workmanship the cost to repair or replace any faulty workmanship performed in whole or in part by you on any construction, erection, fabrication, installation, assembly, manufacture or remediation, including any materials, parts, labor or equipment furnished in connection with such repair or replacement. However, this exclusion does not apply if the faulty workmanship is proximately caused by your negligent act, error or omission in rendering or failure to render professional services. 9. Asbestos / Lead Based Paint Page 21 of 47 any asbestos or lead -based paint, or any materials containing asbestos or lead -based paint in whatever form or quantity; provided, that this exclusion does not apply to: a. any claim which is proximately caused by a negligent act, error or omission in rendering or failure to render professional services on or after January 1st 1990, or the Retroactive Date set forth in Item 6. of the Declarations (whichever is later) by or on behalf of you; b. any claim arising out of any asbestos or lead abatement operations performed on behalf of you by a certified and insured asbestos and/or lead abatement subcontractor or subconsultant; c. any claim arising out of the inadvertent disturbance of asbestos or lead -based paint or materials containing asbestos or lead -based paint by or on behalf of you during the rendering of professional services or the performance of contracting services; or d. any claim which is covered pursuant to Insuring Clause 4.B. or 4.C. of this Policy. 10. Employers Liability and Workers' Compensation a. bodily injury to you, including any of your employees or independent contractors, arising out of and in the course of their employment by you; or b. any obligation which you, or any carrier as your insurer, may be liable under any workers' compensation, unemployment compensation or disability benefits law or similar law. 11. Products Liability the design or manufacture of any goods or products which are sold or supplied by you, or by others under license from you, provided that this exclusion shall not apply to; a. any claim arising from your professional services in the design of a good or product which is a custom design and replicated no more than five times; b. the design of any system or process which is a custom design, whereby the individual components or products might be replicated in nature, but the overall system or process is a one-off; c. any claim which is covered pursuant to Insuring Clause 4.A. of this Policy arising out of the fabrication, assembly or installation of any goods or products provided by you; d. any claim which is covered pursuant to Insuring Clause 2.B. of this Policy; or e. any claim which is covered pursuant to Insuring Clause 9 of this Policy. 12. Property Liability your ownership, rental, lease, maintenance, operation, use, repair, voluntary or involuntary sale, transfer, exchange, gift, abandonment or condemnation of any real or personal property, including personal or third party property in your care, custody or control, and without Page 22 of 47 limitation; automobiles, aircraft, watercraft and other kinds of conveyances; provided, that this exclusion does not apply to: a. any claim which is covered pursuant to Insuring Clause 4.A. of this Policy arising out of any property you have voluntarily or involuntarily sold, transferred, exchanged, given away or abandoned, or that has been condemned where you performed contracting services and you have never occupied, used, rented or leased such property; b. any claim which is covered pursuant to Insuring Clause 4.B. of this Policy; or c. any claim which is covered pursuant to Insuring Clause 10 of this Policy. 13. Property Damage to Your Work and Products any property damage under Insuring Clause 4.A., 5, 8 and 9: a. to work performed by or on behalf of you, or resulting from the work or any portion thereof, or out of materials, parts or equipment furnished in connection therewith; or b. to any goods or products which are sold or supplied by you, or by others under license from you, resulting from such goods or products or any portion thereof. 14. Patent Infringement the actual or alleged infringement of patent or patent rights or misuse of patent. 15. Failure to Maintain Finance the advising or requiring of, or failure to advise or require, or failure to maintain or procure any financing or monies for the payment of any portion of any project, or of services or labor connected with any project. 16. Gypsum Board the specification, installation, purchase, use or construction of any building with gypsum board, drywall or other wall covering material that is alleged to have been contaminated with sulfur or any other toxic compound or contaminant. 17. Directors and Officers Liability any personal liability incurred by your senior executive officers when they are acting in that capacity or managing you, or arising from any statement, representation or information regarding your business contained within any accounts, reports or financial statements. 18. Employment Practices Liability any: a. employer -employee relations, policies, practices, acts, omissions, any actual or alleged refusal to employ any person, or misconduct with respect to employees; Page 23 of 47 b. acts or omissions committed by you which are in breach of, or are alleged to be in breach of any terms and conditions of an employment contract, whether express or implied; or c. actual or alleged theft or misappropriation of any trade secret by an employee from a former employer of theirs. 19. Unlawful Surveillance any actual or alleged eavesdropping, wiretapping, or unauthorised audio or video recording committed by you or by a third party on your behalf with the knowledge and consent of your senior executive officers. 20. Unsolicited Communications any actual or alleged violation of: a. the CAN-SPAM Act of 2003 or any subsequent amendments to that Act; b. the Telephone Consumer Protection Act (TCPA) of 1991 or any subsequent amendments to that Act; or c. any other law, regulation, or statute relating to unsolicited communication, distribution, sending or transmitting of any communication via telephone or any other electronic or telecommunications device. 21. Assault and Battery any bodily injury or property damage resulting from: a. assault or battery, whether or not caused or committed by, or at the direction of or negligence of you; b. the failure to suppress or prevent assault or battery by you; c. the failure to provide an environment safe from assault or battery, including but not limited to the failure to provide adequate security; d. the negligent employment, investigation, hiring, supervision, training or retention of any person; e. the use of force to protect persons or property; or f. the failure to secure medical treatment or care necessitated by any assault or battery. Assault or battery includes, but is not limited to, assault, battery, sexual abuse, sexual assault, sexual battery, sexual molestation, sexual harassment, intimidation, verbal abuse and any actual or threatened harmful or offensive contact between two or more persons. 22. Reprinting, Recall, Removal, Disposal, Withdrawal, Inspection, Repair, Replacement, Reproduction Costs and Expenses any costs or expenses incurred, or to be incurred by you or others for: Page 24 of 47 a. the reprinting, recall, removal or disposal of any media material, including any media or products containing such media material; or b. the withdrawal, recall, inspection, repair, replacement, reproduction, removal or disposal of: i. your work or products, including technology products and any products or other property of others that incorporates technology products; ii. work product resulting from or incorporating the results of technology - based services; or iii. any products or other property on which technology -based services are performed; provided, that this exclusion shall not apply to claims for the resulting loss of use of such media material or technology products, or loss of use of the work product resulting from such technology -based services. 23. Aircraft, Auto or Watercraft the ownership, maintenance, use or entrustment to others of any aircraft, auto or watercraft owned or operated by or rented or loaned to you. Use includes operation and loading or unloading. This exclusion applies even if the claims against you allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by you. This exclusion does not apply to: a. a watercraft while ashore on premises you own or rent; b. a watercraft you do not own that is: i. less than 26 feet long; and ii. not being used to carry persons or property; or c. parking an auto on, or on the ways next to, premises you own or rent, provided the auto is not owned by or rented or loaned to you. B. EXCLUSIONS APPLICABLE TO INSURING CLAUSES 2, 6 AND 7 ONLY 1. Business Risks any: a. inaccurate, inadequate or incomplete description of the price of goods, products or services; b. cost guarantees, cost representations, or contract price estimates of probable costs or cost estimates actually or allegedly being exceeded; c. failure of goods, products, or services to conform with any represented quality or performance contained in advertisements; or Page 25 of 47 d. actual or alleged gambling, contest, lottery, promotional game or other game of chance. 2. Licensing Fees and Royalty Payments any actual or alleged obligation to make licensing fee or royalty payments, including but not limited to the amount or timeliness of such payments. 3. Electrical and Telecommunications Failure and Malfunction and Force Majeure any: a. failure or malfunction of electrical or telecommunications infrastructure or services, unless under your operational control; or b. fire, flood, earthquake, volcanic eruption, explosion, lightning, wind, hail, tidal wave, landslide, act of God or other physical or force majeure event. 4. Antitrust any actual or alleged antitrust violation, restraint of trade, unfair competition, violation of the Sherman Antitrust Act, the Clayton Act, the Robinson-Patman Act, as amended, or any similar law or legislation of any state, province or other jurisdiction, false, deceptive or unfair trade practices, violation of consumer protection laws or false or deceptive or misleading advertisement. 5. Federal Trade Commission and Federal Communications Commission the Federal Trade Commission, the Federal Communications Commission, or any similar governmental entity, in such entity's regulatory or official capacity. 6. Copyright and Trade Secret Infringement of Technology Products any actual or alleged infringement of copyright or misappropriation of trade secret arising out of or related to technology products. 7. Electromagnetic Fields and Radiation the existence, emission or discharge of any electromagnetic field, electromagnetic radiation or electromagnetism that actually or allegedly affects the health, safety or condition of any person or the environment, or that affects the value, marketability, condition or use of any property. 8. Delay in Delivery or Performance any delay in delivery or performance, or failure to deliver or perform at or within an agreed upon period of time. 9. Governmental Action any action or order of any domestic or foreign governmental authority or regulatory, administrative, law enforcement or judicial body to confiscate, intercept, monitor or analyze your computer systems or data, whether with or without your authorization. 10. Social Engineering the transfer of money, funds or securities, including those arising out of any social engineering event. Page 26 of 47 11. Betterment the need to improve, update, upgrade, repair, replace or restore any component of any computer system, or data stored on any computer system, to a level beyond that which existed prior to any privacy breach or network security event, unless recommended by a forensic investigator as necessary to return the functionality of any computer system to a level that existed prior to the privacy breach or network security event. 12. Activity Unrelated to a Breach the need to restore, repair or replace: a. any component of any computer system or the data stored therein, due to direct physical loss of or damage to the computer system that does not result from a privacy breach or network security event; or b. any mobile computer or device not owned, leased or licensed by you. C. EXCLUSIONS APPLICABLE TO INSURING CLAUSES 8, 9, 10 AND 11 ONLY 1. Expected or Intended Injury any bodily injury or property damage expected or intended from your standpoint. 2. Firearms and Weapons any bodily injury or property damage resulting from: a. the use or sale of firearms, weapons or ammunition; b. the failure to provide an environment safe from firearms or weapons, including but not limited to the failure to provide adequate security; or c. the failure to secure medical treatment or care necessitated by any use of firearms or weapons. 3. Liquor Liability any bodily injury or property damage for which you may be held liable by reason of: d. causing or contributing to the intoxication of any person; e. the furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or f. any statute, ordinance of regulation relating to the sale, gift, distribution or use of alcoholic beverages. 4. Mobile Equipment the use or transportation of any mobile equipment. 5. Land or Water Page 27 of 47 any damage to land or water within or below the boundaries of any land or premises presently, or at any time previously owned or leased by you, or otherwise in your care, custody or control. 6. Benefit Laws any failure by you to comply with the mandatory provisions of any law concerning workers' compensation, unemployment insurance, social security, disability benefits or pension benefits. 7. Employee Benefit Program Advice any advice given to any person to participate or not to participate in any plan included in your Employee Benefit Program, or the failure of any investment to perform as represented by you. 8. Pollution any pollution condition. 9. Professional Services any act, error or omission in rendering or failing to render professional services. D. EXCLUSIONS APPLICABLE TO INSURING CLAUSE 11 ONLY 1. Injury on Normally Occupied Premises any bodily injury to a person injured on that part of premises you own or rent that the person normally occupies. 2. Workers' Compensation and Similar Laws any person, whether or not an employee of yours, if benefits for the bodily injury are payable or must be provided under a workers' compensation or disability benefits law or a similar law. 3. Athletic Activities any bodily injury to a person injured while practicing, instructing or participating in any physical exercises or games, sports, or athletic contests. 4. Injury to You any bodily injury to you, including but not limited to your employees and independent contractors. Wherever used in this Policy: A. Administration means: 1. handling records in respect of your employee benefit program; and Page 28 of 47 2. effecting enrolment or termination of any employee's participation in a plan included in your employee benefit program. B. Advertisement means any material which promotes your product, service or business. C. Application means all signed applications, including attachments and associated correspondence, and all other materials and information provided by you to us for the purposes of underwriting or issuing this Policy, or any policy of which this Policy is a direct or indirect renewal or replacement. D. Assumed under contract means liability assumed by you under a written hold harmless or indemnity agreement regarding the content of media material used in a media communication, but only with respect to acts for which insurance is afforded under Insuring Clause 7.a. E. Bodily injury means physical injury, sickness, disease or death of any person, and includes emotional distress or mental anguish whether or not accompanied by physical injury, sickness or disease. F. Breach notice law means any state, federal or foreign statute or regulation that requires notice to persons whose personally identifiable non-public information was accessed or may reasonably have been accessed by an unauthorized person. G. Circumstance means any fact, event or situation that could reasonably be the basis for a claim. H. Claim means a demand received by you: 1. for money or services including the threat or service of suit, or institution of arbitration proceedings; 2. threatening, or initiating suit seeking injunctive relief (meaning a temporary restraining order or a preliminary or permanent injunction); or 3. asking you to comply with any state statute governing notice of defects in construction. Multiple claims arising from the same or a series of related or repeated acts, errors, omissions, accidents, pollution conditions or mold conditions, or from any continuing acts, errors, omissions, accidents, pollution conditions or mold conditions shall be considered a single claim for the purposes of this Policy, irrespective of the number of claimants or insureds involved in the claim. All such claims shall be deemed to have been made at the time of the first such claim. I. Claims expenses means: 1. reasonable fees charged by any attorney designated by us, or selected by you and agreed to by us; 2. all other fees, costs and expenses resulting from the investigation and defense of a claim incurred by us, or by you with our prior written consent, including any premiums for appeal bonds. Claims expenses shall not include any: 1. salaries or overheads incurred by you; 2. costs relating to any supervisory counsel retained by you; or Page 29 of 47 3. costs incurred by you to remediate any potential claim under this Policy without our prior written consent. The determination by us as to the reasonableness of claims expenses shall be binding on you. J. Cleanup costs means reasonable and necessary costs, charges and expenses incurred with our prior written consent in the investigation, removal, neutralization and/or remediation of a pollution condition. Cleanup costs will not include improvements or betterments to third party property, or costs that exceed the actual cash value of such property. K. Completed operations hazard means all bodily injury and property damage occurring away from premises you own or rent and arising out of contracting services performed by you or by any person, including an independent contractor, for whom you are legally responsible, except work or services that have not yet been completed or have been abandoned. However, work or services will be deemed completed at the earliest of the following times: 1. when all of the work or services called for in your contract have been completed; 2. when all of the work or services to be done at a job site have been completed if your contract calls for work or services at more than one job site; or 3. when that part of the work or services done at a job site have been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work or services that may need service, maintenance, correction, repair or replacement, but which are otherwise complete, will be treated as completed. L. Computer systems means computers and associated software, input and output devices, data storage devices, networking equipment and back up facilities: 1. operated by and either owned by or leased to you; or 2. operated by a third party service provider and used for the purpose of providing hosted computer application services to you, or for processing, maintaining, hosting or storing your electronic data or electronic data belonging to a third party which is in your care, custody or control, pursuant to a written contract for such services between you and the third party service provider. M. Contracting services means the performance of construction, erection, fabrication, installation, assembly, manufacturing, drilling, operation and/or maintenance services, or remediation activities by or on behalf of you. N. Damages means: 1. compensatory sums; 2. monetary judgments, award or settlements; 3. pre -judgment and post -judgment interest; or Page 30 of 47 ADDITIONAL INSURED ENDORSEMENT In consideration of the premium charged for this Policy, it is hereby understood and agreed that the following entity: The City of Palm Desert, Its Officers, Officials Employees, Agents & Volunteers Palm Desert, CA is added as an additional Insured for claims made against it, but only to the extent you would have been liable and coverage would have been afforded under the terms and conditions of this Policy had such claim been made against you. The above -mentioned extension of coverage shall not apply to any claim which includes allegations or facts indicating actual or alleged independent or direct liability on the part of any such entity detailed above. It is a condition precedent to liability under the above -mentioned extension of coverage that such entity detailed above shall prove, to our satisfaction, the extent of any claim arising out of your conduct as described above. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED PRIMARY NON-CONTRIBUTORY ENDORSEMENT In consideration of the premium charged for this Policy, it is hereby understood and agreed that Section VII. OUR OBLIGATIONS IN THE EVENT OF A CLAIM/CIRCUMSTANCE, subsection F. is amended by the addition of the following: Notwithstanding the foregoing, where required by a written contract or agreement coverage under this Policy shall qualify as primary and non-contributory insurance to any client of yours if; 1. a claim is made against them and you would have been liable and coverage would have been afforded under the terms and conditions of this Policy had such claim been made against you; and 2. the claim does not include allegations or facts indicating actual or alleged independent or direct liability on the part of your client. However, this insurance provided to the additional Insured shall still apply in excess of and shall not contribute with valid and collectible other insurance whether primary, excess, contingent or on any other basis, that is available to the additional Insured when that person or entity is an additional Insured under any other Policy. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED Policy Number: PF00048A20 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Business Auto Broadening Endorsement This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. NEWLY ACQUIRED OR FORMED ENTITY (BROAD FORM NAMED INSURED) II. EMPLOYEES AS INSUREDS III. AUTOMATIC ADDITIONAL INSURED IV. EMPLOYEE HIRED AUTO LIABILITY V. SUPPLEMENTARY PAYMENTS VI. FELLOW EMPLOYEE COVERAGE VII. ADDITIONAL TRANSPORTATION EXPENSE VIII. HIRED AUTO PHYSICAL DAMAGE COVERAGE IX. ACCIDENTAL AIRBAG DEPLOYMENT COVERAGE X. LOAN/LEASE GAP COVERAGE XI. GLASS REPAIR — DEDUCTIBLE WAIVER XII. TWO OR MORE DEDUCTIBLES XIII. AMENDED DUTIES IN EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS XIV. WAIVER OF SUBROGATION XV. UNINTENTIONAL ERROR, OMISSION, OR FAILURE TO DISCLOSE HAZARDS XVI. EMPLOYEE HIRED AUTO PHYSICAL DAMAGE XVII. PRIMARY AND NONCONTRIBUTORY IF REQUIRED BY CONTRACT XVIII. HIRED AUTO — COVERAGE TERRITORY XIX. BODILY INJURY REDEFINED TO INCLUDE RESULTANT MENTAL ANGUISH MCA85100817-CA Copyright 2017 Mercury Insurance Services, LLC. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its Permission Page 1 of 6 BUSINESS AUTO COVERAGE FORM NEWLY ACQUIRED OR FORMED ENTITY (Broad Form Named Insured) SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, the following is added: d. Any business entity newly acquired or formed by you during the policy period provided you own 50% or more of the business entity and the business entity is not separately insured for Business Auto Coverage. Coverage is extended up to a maximum of 180 days following acquisition or formation of the business entity. Coverage under this provision is afforded only until the end of the policy period. Coverage does not apply to an "accident" which occurred before you acquired or formed the organization. II. EMPLOYEES AS INSUREDS SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, the following is added: e. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. III. AUTOMATIC ADDITIONAL INSURED SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, the following is added: f. Any person or organization that you are required to include as additional insured on the Coverage Form in a written contract or agreement that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period is an "insured" for Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. IV. EMPLOYEE HIRED AUTO LIABILITY SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, the following is added: g. An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. V. SUPPLEMENTARY PAYMENTS SECTION II — LIABILITY COVERAGE, A. Coverage, 2. Coverage Extensions, a. Supplementary Payments, Subparagraphs (2) and (4) are replaced by the following: 2) Up to $3,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We are not obligated to furnish these bonds. 4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. MCA85100817-CA Copyright 2017 Mercury Insurance Services, LLC. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its Permission Page 2 of 6 VI. FELLOW EMPLOYEE COVERAGE: SECTION II — LIABILITY COVERAGE, B. Exclusions, 5. Fellow Employee This exclusion does not apply if you have workers' compensation insurance in -force covering all of your "employees". Coverage is excess over any other collectible insurance. VII. ADDITIONAL TRANSPORTATION EXPENSE SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, a. Transportation Expenses, is replaced with the following: We will pay up to $50 per day to a maximum of $1000 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". If your business shown in the Declarations is other than an auto dealership, we will also pay up to $1,000 for reasonable and necessary costs incurred by you to return a stolen covered auto from the place where it is recovered to its usual garaging location. VIII. HIRED AUTO PHYSICAL DAMAGE COVERAGE SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, the following is added: c. If Liability Coverage is provided in this policy on a Symbol 1 or a Symbol 8 basis and Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this coverage form for any "auto" you own, then the Physical Damage Coverages provided are extended to "autos" you hire, subject to the following limit: 1) The most we will pay for "loss" to any hired "auto" is $50,000 or Actual Cash Value or Cost of Repair, whichever is less 2) $500 deductible will apply to any loss under this coverage extension, except that no deductible shall apply to "loss" caused by fire or lightning Subject to the above limit and deductible we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own of similar size and type. This coverage extension is excess coverage over any other collectible insurance. IX. ACCIDENTAL AIRBAG DEPLOYMENT COVERAGE SECTION III - PHYSICAL DAMAGE COVERAGE, B. Exclusions, 3.a., is amended to add the following: This exclusion does not apply to the accidental discharge of an airbag. MCA85100817-CA Copyright 2017 Mercury Insurance Services, LLC. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its Permission Page 3 of 6 X. LOAN/LEASE GAP COVERAGE SECTION III - PHYSICAL DAMAGE COVERAGE C. Limit of Insurance, the following is added: 4. In the event of a "total loss" to a covered "auto" shown in the schedule or declarations for which Collision and Comprehensive Coverage apply, we will pay any unpaid amount due on the lease or loan for that covered "auto," less: a. The amount paid under the Physical Damage Coverage Section of the policy; and b. Any: 1) Overdue lease/loan payments at the time of the "loss"; 2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage. 3) Security deposits not returned by the lessor; 4) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and 5) Carry-over balances from previous loans or leases. The most we will pay under Auto Loan/Lease Gap Coverage for an insured auto is 25% of the actual cash value of that insured auto at the time of the loss. XI. GLASS REPAIR — DEDUCTIBLE WAIVER SECTION III - PHYSICAL DAMAGE COVERAGE, D. Deductible, the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. XII. TWO OR MORE DEDUCTIBLES SECTION III -PHYSICAL DAMAGE COVERAGE, D. Deductible, the following is added: If two or more "company" policies or coverage forms apply to the same accident: 1. If the applicable Business Auto deductible is the smallest, it will be waived; or 2. If the applicable Business Auto deductible is not the smallest, it will be reduced by the amount of the smallest deductible; or 3. If the loss involves two or more Business Auto coverage forms or policies the smallest deductible will be waived. For the purpose of this endorsement "company" means the company providing this insurance and any of the affiliated members of the Mercury Insurance Group of companies. XIII. AMENDED DUTIES IN EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS The requirement in SECTION IV, BUSINESS AUTO CONDITIONS, A. Loss Conditions, 2. Duties In The Event Of Accident, Claim, Suit, Or Loss, a., In the event of "accident", you must notify us of an accident" applies only when the "accident" is known to: 1) You, if you are an individual; 2) A partner, if you are a partnership; 3) A member, if you are a limited liability company; or 4) An executive officer or insurance manager, if you are a corporation. MCA85100817-CA Copyright 2017 Mercury Insurance Services, LLC. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its Permission Page 4 of 6 XIV. WAIVER OF SUBROGATION SECTION IV - BUSINESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer of Rights Of Recovery Against Others To Us, section is replaced by the following: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the extent required of you by a written contract executed prior to any "accident" or loss", provided that the "accident" or "loss" arises out of the operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. XV. UNINTENTIONAL ERROR, OMISSION, OR FAILURE TO DISCLOSE HAZARDS SECTION IV - BUSINESS AUTO CONDITIONS, B. General Conditions, 2. Concealment, Misrepresentation, or Fraud, the following is added: Any unintentional omission of or error in information given by you, or unintentional failure to disclose all exposures or hazards existing as of the effective date or at any time during the policy period shall not invalidate or adversely affect the coverage for such exposure or hazard or prejudice your rights under this insurance. However, you must report the undisclosed exposure or hazard to us as soon as reasonably possible after its discovery. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. XVI. EMPLOYEE HIRED AUTO PHYSICAL DAMAGE SECTION IV — BUSINESS AUTO CONDITIONS, B. General Conditions, 5. Other Insurance, b. For Hired Auto Physical Damage Coverage, is replaced by the following: b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered autos" you own: 1. Any covered "auto" you lease, hire, rent or borrow; and 2. Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered auto". XVII. PRIMARY AND NONCONTRIBUTORY IF REQUIRED BY CONTRACT SECTION IV — BUSINESS AUTO CONDITIONS, B. General Conditions, 5. Other Insurance, the following is added and supersedes any provision to the contrary: e. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: 1) The additional insured is a Named Insured under such other insurance; and 2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. MCA85100817-CA Copyright 2017 Mercury Insurance Services, LLC. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its Permission Page 5 of 6 XVIII. HIRED AUTO - COVERAGE TERRITORY SECTION IV - BUSINESS AUTO CONDITIONS, B. General Conditions, 7. Policy Period, Coverage Territory, e. Anywhere in the world if:, is replaced by the following: e. Anywhere in the world if: 1) A covered "auto" is leased, hired, rented or borrowed without a driver for a period of 30 days or less; and 2) The "insured's" responsibility to pay damages is determined in a "suit" on the merits, in the United States of America, the territories and possessions of the United States of America, Puerto Rico, or Canada or in a settlement we agree to. XIX. BODILY INJURY REDEFINED TO INCLUDE RESULTANT MENTAL ANGUISH SECTION V — DEFINITIONS, C. "Bodily Injury" is amended by adding the following: Bodily injury" also includes mental anguish but only when the mental anguish arises from other bodily injury, sickness, or disease. MCA85100817-CA Copyright 2017 Mercury Insurance Services, LLC. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its Permission Page 6 of 6 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number: 72 WEC VK5076 Endorsement Number: Effective Date- 02/09/20 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: SOUTHSTAR ENGINEERING & CONSULTING INC 1945 CHICAGO AVE UNIT C RIVERSIDE CA 92507 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 % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description Any person or organization from whom you are required by written contract or agreement to obtain this waiver of rights from us Countersigned by Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. Process Date 12/31/19 Policy Expiration Date: 02/09/21 PO Box 2411, Tustin, CA 92781 T: 657-622-4200 | F: 866-254-4423 | www.carlwarren.com CA License #2607296 March 23, 2022 James Sundahl 45-700 Quail Brush Palm Desert, CA 92260 RE: Claimant : James Sundahl Date of Loss : 3/15/22 Claim Filing Date : 3/21/22 Our File Number : 3031281 WRV Carl Warren & Company is the claims management company for the City of Palm Desert. The above-captioned claim has been assigned to William Rice for handling. Mr. Rice may be reached at 657-622-4319. When our investigation is complete, we will advise you as to whether or not we can recommend settlement. Very Truly Yours, CARL WARREN & CO. Timothy M. Varon Timothy M. Varon Claims Supervisor cc: Member Agency: City of Palm Desert, attn:Mariana Rios 1 Gloria Sanchez From:Thomas, Latrice <lthomas@carlwarren.com> Sent:Tuesday, March 22, 2022 4:08 PM To:Varon, Tim Cc:Kustra, Chris Subject:FW: File # 3031281 - Palm Desert - SUNDAHL, JAMES Attachments:2022-03-21 CLAIM AGAINST THE CITY 869-SUNDAHL, JAMES.pdf New assignment. Latrice Thomas | Support Specialist Carl Warren & Company, LLC | A Venbrook Company PO Box 2411, Tustin, CA 92781 Office: (657) 622-4248 | Fax: (866) 254-4423 Because Quality and Integrity Matter... please EMAIL my Supervisor about the service you received. From: Mariana Rios <mrios@cityofpalmdesert.org> Sent: Tuesday, March 22, 2022 11:07 AM To: Todd Hileman <thileman@cityofpalmdesert.org>; Bob Hargreaves (robert.hargreaves@bbklaw.com) <robert.hargreaves@bbklaw.com>; Claims, PublicEntity <PublicEntityClaims@carlwarren.com> Cc: Andy Firestine <afirestine@cityofpalmdesert.org>; Andrea Staehle <astaehle@cityofpalmdeser t.org>; Anthony Mejia <amejia@cityofpalmdesert.org> Subject: File # 3031281 - Palm Desert - SUNDAHL, JAMES Good morning, Attached for your review and/or appropriate action is CLAIM AGAINST THE CITY NO. 869-SUNDHAL, JAMES. Please feel free to contact me should you have any questions or require additional information. Thank you, Mariana Rios Management Specialist II Ph: 760.346.0611 Direct: 760.776.6448 mrios@cityofpalmdesert.org www.cityofpalmdesert.org 2 Install the Palm Desert In Touch app to stay in touch with your community Android Apple Mobile Web CITY OF PALM DESERT 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL: 760 346-0611 INFO@PALM-DESERT.ORG TO: CJPIA (c/o CARL WARREN & CO.), CITY MANAGER, CITY ATTORNEY, COPY: ASSISTANT CITY MANAGER, HUMAN RESOURCES MANAGER, AND CITY CLERK. FROM: MARIANA RIOS, MANAGEMENT SPECIALIST II DATE: 03/21/2022 SUBJECT: CLAIM NO. – 869 – SUNDAHL, JAMES The attached Claim No. is being transmitted to you for the following: Information only. or Please review and provide any recommendation you may have to the Risk Manager, concerning any action required by the City of Palm Desert. We would appreciate your report, if requested, by May 5, 2022, for timely response to the Claimant. Note: At your earliest convenience, please let me know if you have any information related to the incident giving rise to this Claim so that I may forward it to the City’s third- party Claims Adjusters, Carl Warren & Company. ___________________ MARIANA RIOS MANAGEMENT SPECIALIST Attachment (as noted) X