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HomeMy WebLinkAboutGuerra Construction - 2016 Agreement - Change Order No. 1City of Gilroy Public Works Department - Engineering Division 7351 Rosanna St., Gilroy, CA 95020 Phone (408) 846 -0451; Fax (408) 846 -0429 CHANGE ORDER NO. 1 To contract for: _San Ysidro Park Pathway and Lighting City Project No. Contractor: Guerra Construction Group Contract Date: 16 -PW -231 4/25/16 This order shall become effective when it has been signed by the City Administrator, City Engineer, Project Engineer, and Contractor. All copies forwarded to Contractor for signature shall be returned to the City of Gilroy properly filled out. Upon acceptance by the City, the Contractor's copy will be returned to him as his authority to proceed with the work. Description of Work 1). The existing storm drain inlet at the Northeast corner or the park was to low and had to be adjusted to conform to existing AC /PC trail for proper drainage. 2).On the plans, the point of transition from the new concrete pathway to the existing AC shows a straight sawcut transition. In order to achieve this tie in additional AC & Concrete had to be removed and replaced. 3). The existing concrete pad for the park bench did not meet ADA requirements and had to be removed. The new concrete pathway was extended to include a new pad for the bench keeping the pad code compliant. 4). The new pathway grades had to be elevated to meet the trasition for the future patway exention. 5). The City has requested Guerra Construction to remove and replace an existing sidewalk, curb and gutter, and asphalt with a new ADA ramp at the South end of the Park. In addition the City also request Guerra to install 324 If of trench for three (3) light pole and bases. Included within the trench will bean additional 2" conduit for future use. All requirements of the original Contract Documents shall apply to the above work except as specifically modified by this Change Order. The contract time shall not extend unless expressly provided for in this Change Order. By signing this Change Order, Contractor acknowledges and agrees that the adjustments to cost and time contained herein are in full satisfaction and accord, and are accepted as payment in full, for any and all costs and expenses associated with this Change Order, (the "Extra Work "), including but not limited to labor, materials, overhead and profit, delay, disruption, loss of efficiency and any and all other direct and /or indirect costs or expenses associated with the Extra Work and hereby waives any right to claim any further cost and time impacts at any time during and after completion of the Contract associated with the Extra Work. Change in working time granted by this change order: ► All Extra Work authorized under this Change Order must be billed separately from the original contract. All bills for work done under this Change Order shall reference this Change Order No. 1. 4 Working Days Original Contract Price Previous Change Orders Total to Date This Change Order Total Change Orders to Date Revised Contract Price (We) agree to make the above change subject to the terms of this Change Order for a NET INCREASE not to exceed $46754.00. , Q iLi �'` Q NTR TOR j By: ��A�A`ZL S fan �rz s �n _ Date: `t 1-251 Ib RECOMMENDED BY: ACCEPTED BY: Construction Mangfer Date Cost Percentage Initial $106,610.00 $0.00 N/A $106,610.00 1 'S4.' $46,754.00 43.86% $153,364.00 City Administrator — <:y Date U E.r RED F:;?,.ji%k 984 MEMOREX DRIVE- SANTA CLARA, CALIFORNIA - 95050 TEL. 408.279.2027 FAX 408.279.2044 City Of Gilroy c% Christine Re: 16-019 San Ysldro Park EWO No 1- installation of new Inlet Dear Christine, As you requested, below is the cost associated with above referenced EWO. Cost includes labor, equipment and material. GUERRA CONSTRUCTION COSTS Costs: $ 4,151.53 10% Markup:. $ 415.15 Subtotal $ 4,566.68 2% BOND $ 91.33 Total: $ 4,658.02 TOTAL $ 4,658 LIC.# 915,544 4/8/2016 Please contact our office if you have any questions or if you need additional information regarding this matter. Best regards, Jaime S. Guerra General Manager CUEFRFRA 984 MEMOREX DRIVE- SANTA CLARA, CALIFORNIA - 95050 TEL. 408.279.2027 FAX 408.279.2044 City Of Gilroy c/o Christine LIC.# 915544 4/8/2016 Re: 16 -019 San Ysidro Park EWO No 2- Removal of Concrete & AC @PDC of (N) Pathway Dear Christine, As you requested, below is the cost associated with above referenced EWO. Cost includes labor, equipment and material. GUERRA CONSTRUCTION COSTS TOTAL $ 1,959 Please contact our office if you have any questions or if you need additional information regarding this matter. Best regards, Jaime S. Guerra General Manager Costs: $ 1,745.82 10% Markup: $ 174.58 Subtotal $ 1,920.40 2% BOND $ 38.41 Total: $ 1,958.81 TOTAL $ 1,959 Please contact our office if you have any questions or if you need additional information regarding this matter. Best regards, Jaime S. Guerra General Manager ESUEF2RA 984 MEMOREX DRIVE- SANTA CLARA, CALIFORNIA - 95050 TEL. 408.279.2027 FAX 408.279.2044 City Of Gilroy c/o Christine Re: 16 -019 San Ysidro Park EWO No 3- Remove Existing Bench and Concrete Pad Dear Christine, As you requested, below is the cost associated with above referenced EWO. Cost includes labor, equipment and material. GUERRA CONSTRUCTION COSTS Costs: $ 1,034.23 10% Markup: $ 103.42 Subtotal $ 1,137.65 2% BOND $ 22.75 Total: $ 1,160.41 TOTAL $ 1,160 LIC.# 915544 4/8/2016 Please contact our office if you have any questions or if you need additional information regarding this matter. Best regards, Jaime S. Guerra General Manager C U EF2F2A 984 MEMOREX DRIVE- SANTA CLARA, CALIFORNIA - 95050 TEL. 408.279.2027 FAX 408.279.2044 City Of Gilroy c/o Christine Re: 16 -019 San Ysidro Park EWO No 4- Adjustment of Concrete Pathway Dear Christine, As you requested, below is the cost associated with above referenced EWO. Cost includes labor, equipment and material. GUERRA CONSTRUCTION COSTS Costs: $ 1,530.14 10% Markup: $ 153.01 Subtotal $ 1,683.15 2% BOND $ 33.66 Total: $ 1,716.82 TOTAL $ 1,717 LIC.# 915544 4/8/2016 Please contact our office if you have any questions or if you need additional information regarding this matter. Best regards, Jaime S. Guerra General Manager 04/26/2016 11:33AM FAX 408 +279 +2044 CONSTRUCTIONGROUP 10001/0004 U E: FZ S T FR LJ G - I C3 " E' Ft _- U P 984 MEMOREX DRIVE- SANTA CLARA, CALIFORNIA - 95050 TEL. 408.279.2027 FAX 408.279.2044 City Of Gilroy c/o Christine Re: 16-019 San Ysidro Park EWO No 7- Removal Sidewalk,CurbBGutter,Asphalt Dear Christine, As you requested, below is the cost associated with above referenced EWO. Cost includes labor, equipment and material. GUERRA CONSTRUCTION COSTS Costs: $ 12,923.22 10% Markup: $ 1,292.32 Subtotal $ 14,215.54 2% BOND $ 284.31 Total: $ 14,499.85 TOTAL $ 14,500 LIC.# 915544 4/26/2016 Please contact our office if you have any questions or if you need additional information regarding this matter. Best regards, Jaime S. Guerra General Manager U E: FZ FZ rte -jL -A L-3m —. I =,r.4 mr,u_,e Attn: Christine Salmo San Ysidro Park Pathway Proposal Quotation for Electrical work as shown below: Trenching for Electrical Conduits 2" Electrical Conduit Electrical Pull Boxes Install Concrete Light Pole Bases Install City Supplied Light Poles Fixtures Install 2" Electrical Conduit Thank you, Ralph Paredes 330 LF x $25 $8,250 330 LF x $3.50 =$11155 5 Ea. x $440 = $2200 3 Ea. x $1,600 = $4,800 3 Ea. x $1,500 = $4,500 330 LF x $3.50 = $1,155 -L22,060.00 984 Atc;\joxLy 1)It1N•r•. - SANT ;% CLAR_1, CA 95050/P14: 408.379.2027 - PX: 408.'277.3044 - 1.1 C. 491$544 GUERRA CONS .i RUi.:TIr11N GRC:U^ April 24, 2016 City of Gilroy 7351 Rosanna St Gilroy CA 95020 Ref: San Ysidro Pathway Attn: Christine Salmo We are proposing to replace the sod for the turf replacement of the electrical trench at the south side of the park. This work will be for approximately 80 LF of trench. The lump sum cost to perform this work is Mom If you have any question in reference to this letter please contact me at your earliest possible _ convenience. My contact information is as follows: Please call me if you have any questions at my office (408) 279 -2027. Respectfully, Rafae J Paredes Jr Senior Estimator 984 MEMOREX DRIVE. SANTA CLARA, CA 95050 • V: 408.2791027 -F: 408.279.2044 GUERR -8 OP ID: YV CERTIFICATE OF LIABILITY INSURANCE _ D 0410 1 12 0 1 YY) 04/01/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER IMPORTANT: if the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Phone: 408-288-6262 Leavitt Pacific Ins. Brokers Fax 408- 298 -763 License l�OD79674 1330 S. Bascom Ave. San Jose, CA 95128 AME: PHON o Ext : FAX No): E-t+wL ADDRESS: GENERAL LIABILITY Nicholas A. Weintraub INSURER(S) AFFORDING COVERAGE NAIC9 INSURER A: Mount Hawley Insurance Co. 37974 S 1,000,00 INSURED Guerra Construction Group INSURER e: West American Insurance Co 44393 Santa Clara Construction & Engineering, Inc. 984 Memorex Drive INSURER c: Mercer Insurance Company 14478 INSURER D: Redwood Fire & Casualty Ins Co 11673 INSURER E: MED EXP (Any one person) Santa Clara, CA 95050 INSURER F • $ 1,000.00 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LT R TYPE OF INSURANCE POLICY NUMBER AMID EFF UCY FXP LIMITS GENERAL LIABILITY EACH OCCURRENCE S 1,000,00 PREMISES Ea occurrence) $ 50,00 A X COMMERCIAL GENERAL LIABILITY CLAIMS-MADE 7 OCCUR X MGLO183647 04/01/2016 04/01/2017 MED EXP (Any one person) S 1,00 PERSONAL & ADV INJURY $ 1,000.00 GENERAL AGGREGATE s 2,000,00 GEML AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG Is 2,000r00 POLICY X PRO- LOC Berl. s 1,000,00 AUTOMOBILE LIABILITY COMBINED E ��ISINGLE LIMB $ 1,000,00 BODILY INJURY (Per person) S B X ANY AUTO X BAW56321664 04/0112016 04/01/2017 ALLOWNED SCHEDULED AUTOS AUTOS QED HIRED AUTOS p � BODILY INJURY (Per accident) $ P accident) er $ S X UMBRELLA LWB X OCCUR EACH OCCURRENCE S 4,000,00 AGGREGATE $ 4,000,00 C EXCESS LIAe CLAIMS -MADE 27303160 04/01/2016 04/01/2017 DED I X I RETENTION $ 10000 $ 1 D WORKERS COMPENSATION ANDEMPLOYERS LIABILITY Y! N ANY PRoPRIETowPARTNERmxEcLmvE OFFICERIMEMBER EXCLUDED? (Mandatdry in NH) NIA GUWC704405 04/01/2016 04/01/2017 X WC STATU- '. OTH- IQBI' ER E.L. EACH ACCIDENT $ 1,000,00 E.L. DISEASE - EA EMPLOYEE S 1,00. 0,00 K es, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICYUMIT S 1,000,00 DESCRIPTION OF OPERATIONS! LOCATIONS! VEHICLES (Attach ACORD 101, Additional RemaAa Schedule, If more space Is required) RE: Concrete work for City of Gilroy. 1 Nova Partners Inc., 855 E1 Camino Rd. #307, Palo Alto, CA, 94301. City of Gilroy its officers, elected or appointed officials, employees, agents and volunteers are named as additonal insured per Auto & GL endorsment.Primary wording applies- CITY -GI City of Gilroy 7351 Rosanna St Gilroy, CA 95020 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 -2010 ACORD CORPORATION. All rights reserved ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: MGLO183647 COMMERCIAL GENERAL LIABILITY CG 20 26 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): All Nova Partners Inc., 855 El Camino Rd. #307, Palo Alto, CA, 94301. Cityof Gilroy its officers, elected or appointed officials, employees, agents and volunteers RE: Concrete work for City of Gilroy. A. 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", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However. 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. Declarations. B. With respect to the insurance afforded to these additional insureds, the following is added to Section 111— Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 26 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 BAW56321564 COMMERCIAL AUTO CA 8810 01 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. COVERAGEINDEX SUBJECT PROVISION NUMBER ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT 3 ACCIDENTAL AIRBAG DEPLOYMENT 12 AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 19 AMENDED FELLOW EMPLOYEE EXCLUSION 5 AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 13 BROAD FORM INSURED 1 BODILY INJURY REDEFINED 22 EMPLOYEES AS INSUREDS (including employee hired auto) 2 EXTENDED CANCELLATION CONDITION 23 EXTRA EXPENSE - BROADENED COVERAGE 10 GLASS REPAIR - WAIVER OF DEDUCTIBLE 15 HIRED AUTO PHYSICAL DAMAGE (including employee hired auto and loss of use) 6 HIRED AUTO COVERAGE TERRITORY 20 LOAN / LEASE GAP 14 PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) 16 PERSONAL EFFECTS COVERAGE 11 PHYSICAL DAMAGE - ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 8 RENTAL REIMBURSEMENT g' SUPPLEMENTARY PAYMENTS 4 TOWING AND LABOR 7 TWO OR MORE DEDUCTIBLES 17 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 18 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US 20 SECTION II - LIABILITY COVERAGE is amended as follows: 1. BROAD FORM INSURED SECTION II - LIABILITY COVERAGE, paragraph A.1. - WHO IS AN INSURED_ is amended to include the following as an insured: d. Any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period. However, "insured" does not include any organization that: (1) Is a partnership or joint venture; or (2) Is an insured under any other automobile policy; or (3) Has exhausted its Limit of Insurance under any other automobile policy. Paragraph d. (2) of this provision does not apply to a policy written to apply specifically in excess of this policy. e. Any organization you newly acquire or form, other than a partnership or joint venture, of which you own more than 50 percent of the voting stock. This automatic coverage is afforded only for 180 days from the date of acquisition or formation. However, coverage under this provision does not apply: (1) If there is similar insurance or a self- insured retention plan available to that organization; © 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 7 (2) If the Limits of Insurance of any other insurance policy have been exhausted; or (3) To "bodily injury" or "property damage" that occurred before you acquired or formed the organization. 2. EMPLOYEES AS INSUREDS SECTION 11 - LIABILITY COVERAGE, paragraph A.I. - WHO IS AN INSURED is amended to include the following as an insured: f. Any "employee" of yours while using a covered "auto" you do not own, hire or borrow, but only for acts within the scope of their employment by you. Insurance provided by this endorse- ment is excess over any other insurance available to any "employee ". g. An "employee" of yours while operating an "auto" hired or borrowed under a written contract or agreement in that "employee's" name, with your permission, while performing duties re- lated to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement is excess over any other insurance available to the "employee ". 3. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT SECTION II - LIABILITY COVERAGE, paragraph A.I. - WHO IS AN INSURED is amended to include the following as an insured: h. Any person or organization with respect to the operation, maintenance or use of a covered "auto ", provided that you and such person or organization have agreed in a written contract, agreement, or permit issued to you by governmental or public authority, to add such person, or organization, or governmental or public authority to this policy as an "insured ". However, such person or organization is an "insured ": (1) Only with respect to the operation, maintenance or use of acovered "auto "; (2) Only for "bodily injury" or "property damage" caused by an "accident" which takes place after you executed the written contract or agreement, or the permit has been issued to ,you; and (3) Only for the duration of that contract, agreement or permit 4. SUPPLEMENTARY PAYMENTS SECTION II - LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments, para- graphs (2) and (4) are replaced by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations ) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the insured at our request, including actual loss of earn- ings up to $500 a day because of time off from work. S. AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisdictions where, by law, fellow employees are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or similar protection, the following provision is added: SECTION If - LIABILITY, exclusion B.5. FELLOW EMPLOYEE does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire. SECTION III - PHYSICAL DAMAGE COVERAGE is amended as follows: 6. HIRED AUTO PHYSICAL DAMAGE Paragraph A.4. Coverage Extensions of SECTION III - PHYSICAL DAMAGE COVERAGE, is amended by adding the following: If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you own, then the Physical Damage coverages provided are extended to "autos ": a. You hire, rent or borrow; or © 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 7 b. Your "employee" hires or rents under a written contract or agreement in that "employee's" name, but only if the damage occurs while the vehicle is being used in the conduct of your business, subject to the following limit and deductible: A. The most we will pay for "loss" in any one "accident" or "loss" is the smallest of: (1) $50,000; or (2) The actual cash value of the damaged or stolen property as of the time of the "loss "; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality, minus a deductible. B. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. C. Subject to the limit, deductible and excess provisions described . in this provision, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. D. Subject to a maximum of $1,000 per "accident ", we will also cover the actual loss of use of the hired "auto" if it results from an "accident ", you are legally liable and the lessor incurs an actual financial loss. E. This coverage extension does not apply to: (1) Any "auto" that is hired, rented or borrowed with a driver; or (2) Any "auto" that is hired, rented or borrowed from your "employee ". For the purposes of this provision, SECTION V - DEFINITIONS is amended by adding the following: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. 7. TOWING AND LABOR SECTION III - PHYSICAL DAMAGE COVERAGE, paragraph A.2. Towing, is amended by the addition of the following: We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, "light truck" or "medium truck" is dis- abled: a. For private passenger type vehicles, we will pay up to $50 per disablement. b. For "light trucks ", we will pay up to $50 per disablement. "Light trucks" are trucks that have a gross vehicle weight (GVW) of 10,000 pounds or less. c. For "medium trucks" , we will pay up to $150 per disablement. "Medium trucks" are trucks that have a gross vehicle weight (GVW) of 10,001 - 20,000 pounds. However, the labor must be performed at the place of disablement. 8. PHYSICAL DAMAGE - ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a., Coverage Extension of SECTION III - PHYSICAL DAMAGE COVERAGE, is amend- ed to provide a limit of $50 per day and a maximum limit of $1,500 O 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 7 9. RENTAL REIMBURSEMENT SECTION III - PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: a. We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of an "auto" because of "accident" or "loss ", to an "auto" for which we also pay a "loss" under Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for those expenses incurred after the first 24 hours following the "accident" or "loss" to the covered "auto." b. Rental Reimbursement will be based on the rental of a comparable vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for the period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. c. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your tools and equipment from the covered "auto ". d. This coverage does not apply unless you have a business necessity that other "autos" avail- able for your use and operation cannot fill. e. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Paragraph 4. Coverage Extension. f. No deductible applies to this coverage. For the purposes of this endorsement provision, materials and equipment do not include "personal effects" as defined in provision 11. 10. EXTRA EXPENSE - BROADENED COVERAGE Under SECTION III - PHYSICAL DAMAGE COVERAGE, A. COVERAGE, we will pay for the expense of returning a stolen covered "auto" to you. The maximum amount we will pay is $1,000. 11. PERSONAL EFFECTS COVERAGE A. SECTION 111 - PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $800 for "personal effects" stolen with the "auto." The insurance provided under this provision is excess over any other collectible insurance. B. SECTION V - DEFINITIONS is amended by adding the following: For the purposes of this provision, "personal effects" mean tangible property that is worn or carried by an insured." "Personal effects" does not include tools, equipment, jewelry, money or securities. 12. ACCIDENTAL AIRBAG DEPLOYMENT SECTION III - PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS is amended by adding the follow- ing: If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for "loss" relating to mechanical breakdown does not apply to the accidental discharge of an airbag. Any insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturer's warranty. However, we agree to pay any deductible applicable to the other cov- erage or warranty. 13. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION III - PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS, exception paragraph a. to exclu- sions 4.c. and 4.d. is deleted and replaced with the following: ® 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 7 Exclusion 4.c. and 4.d. do not apply to: a. Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is permanently installed in the covered "auto" at the time of the "loss" and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto" and physical damage coverages are provided . for the covered "auto'; or If the "loss" occurs solely to audio, visual or data electronic equipment or accessories used with this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a $100 deductible. 14. LOAN / LEASE GAP COVERAGE A. Paragraph C., LIMIT OF INSURANCE of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by adding the following: The most we will pay for a "total loss" to a covered "auto" owned by or leased to you in any one "accident" is the greater of the: 1. Balance due under the terms of the loan or lease to which the damaged covered "auto" is subject at the time of the "loss" less the .amount of: a. Overdue payments and financial penalties associated with those payments as of the date of the "loss ", b. Financial penalties imposed under a lease due to high mileage, excessive use or ab- normal wear and tear, c. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease, d. Transfer or rollover balances from previous loans or leases, e. Final payment due under a "Balloon Loan ", f. The dollar amount of any unrepaired damage which occurred prior to the "total loss" of a covered "auto ", g. Security deposits not refunded by a lessor, h. All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto ", I. Any amount representing taxes, j. Loan or lease termination fees; or 2. The actual cash value of the damage or stolen property as of the time of the "loss ". An adjustment for depreciation and physical condition will be made in determining the actual cash value at the time of. the "loss ". This adjustment is not applicable in Texas. B. ADDITIONAL CONDITIONS This coverage applies only to the original loan for which the covered "auto "' that incurred the loss serves as collateral, or lease written on the covered "auto" that incurred the loss. C. SECTION V - DEFINTIONS is changed by adding the following: As used in this endorsement provision, the following definitions apply: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. A "balloon loan is one with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment. O 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 7 15. GLASS REPAIR- WAIVER OF DEDUCTIBLE Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: No deductible applies to glass damage if the glass is repaired rather than replaced. 16. PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: The deductible does not apply to "loss" caused by collision to such covered "auto" of the private passenger type or light weight truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as maximum loaded weight the "auto" is designed to cant' while it is: a. In the charge of an "insured "; b. Legally parked; and c. Unoccupied. The "loss" must be reported to the police authorities within 24 hours of known damage. The total amount of the damage to the covered "auto" must exceed the deductible shown in the Declarations. This provision does not apply to any "loss" if the covered "auto" is in the charge of any person or organization engaged in the automobile business. 17. TWO OR MORE DEDUCTIBLES Under SECTION III PHYSICAL DAMAGE COVERAGE, if two or more company policies or coverage forms apply to the same accident, the following applies to paragraph D. Deductible: a. If the applicable Business Auto deductible is the smaller (or smallest) deductible it will be waived;. or b. If the applicable Business Auto deductible is not the smaller (or smallest) deductible it will be reduced by the amount of the smaller (or smallest) deductible; or c. If the loss involves two or more Business Auto coverage forms or policies the smaller (or smallest) deductible will be waived. For the purpose of this endorsement company means any company that is part of the Liberty Mutual Group. SECTION IV - BUSINESS AUTO CONDITIONS is amended as follows: 18. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV- BUSINESS AUTO CONDITIONS, Paragraph B.2. is amended by adding the following: If you unintentionally fail to disclose any hazards, exposures or material facts existing as of the inception date or renewal date of the Business Auto Coverage Form, the coverage afforded by this policy will not be prejudiced. However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to collect additional premium for any such hazard or exposure. 19. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS SECTION IV - BUSINESS AUTO CONDITIONS, paragraph A.2.a. is replaced in its entirety by the following: a. In the event of "accident', claim, "suit" or "loss ", you must promptly notify us when it is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. Member, if you are a limited liability company; 4. An executive officer or the "employee" designated by the Named Insured to give such notice, if you are a corporation. m 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 7 To the extent possible, notice to us should include: (1) How, when and where the "accident" or "loss" took place; (2) The "insureds" name and address; and (3) The names and addresses of any injured persons and witnesses. 20. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV - BUSINESS AUTO CONDITIONS, paragraph A.S., Transfer of Rights of Recovery Against Others to Us, is amended by the addition of the following: If the person or organization has waived those rights before an "accident" or "loss ", our rights are waived also. 21. HIRED AUTO COVERAGE TERRITORY SECTION IV - BUSINESS AUTO CONDITIONS, paragraph 8.7., Policy Period, Coverage Territory, is amended by the addition of the following: f. For "autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the insured's responsibility to pay for damages is determined in a "suit ", on the merits, in the United States, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with a driver. SECTION V - DEFINITIONS is amended as follows: 22. BODILY INJURY REDEFINED Under SECTION V - DEFINTIONS, definition C. is replaced by the following: "Bodily injury" means physical injury, sickness or disease sustained by a person, including mental anguish, mental injury, shock, fright or death resulting from any of these at any time. COMMMON POLICY CONDITIONS 23. EXTENDED CANCELLATION CONDITION COMMON POLICY CONDITIONS, paragraph A. - CANCELLATION condition applies except as fol- lows: If we cancel for any reason other than nonpayment of premium, we will mail to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. This provision does not apply in those states which require more than 60 days prior notice of cancella- tion. O 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 7