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HomeMy WebLinkAboutA7245 - CURTIS ROSENTHAL INC. - REAL ESTATE APPRAISAL & CONSULTING SVCS APPRAISAL SERVICES AGREEMENT Property Appraisal-980 E. Tahquitz Canyon Way APN.• 508-056-010 Curtis Rosenthal Inc. THIS AP RAISAL SERVICES AGREEMENT the ("Agreement") is made this&day of kV, ti� 2019, (herein referred to as the`Effective Date")by and between the City of Palm Springs, a California charter city ("City"), and Curtis Rosenthal, Inc. Real Estate Appraisal and Consulting("Consultant"), who agree as follows: 1. Services. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to the reasonable satisfaction of CITY the services set forth in Exhibit"A"to this Agreement. As a material inducement to CITY to enter into this Agreement, Consultant represents and warrants that it has thoroughly investigated and considered the Scope of Services and fully understands the difficulties and restrictions in performing the work. Consultant represents that it is experienced in performing the work and will follow professional standards in performance of the work. All services provided shall conform to all federal, state and local laws, rules and regulations and to professional standards and practices. The terms and conditions set forth in this Agreement shall control over any terms and conditions in Exhibit"A"to the contrary. 2. Compensation and Fees. a. Consultant shall be paid in accordance with the rates attached hereto as Exhibit"A", but in no event shall Consultant's total compensation for all services performed under this Agreement exceed Five Thousand Dollars ($5,000) without the prior written authorization of the City Manager or the City Manager's designee ("City Manager"). Consultant shall be responsible for notifying the City Manager if the not to exceed amount is about to be expended. b. The above fee shall include all costs, including but not limited to, all clerical, administrative, overhead, insurance, reproduction, telephone, travel, auto rental, subsistence and all related expenses. 3. Payment. a. As scheduled services are completed, Consultant shall submit to CITY an invoice for the services completed,authorized expenses and authorized extra work actually performed or incurred. b. City will pay Consultant the amount invoiced within thirty(30) days after the approval of the invoice. c. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice. 4. Change Orders. No Payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefore have been previously authorized in writing and approved by the City Manager as an amendment to this Agreement. The amendment shall set forth the changes of work, extension of time for preparation,and adjustment of the fee to be paid by CITY to Consultant. 5. Licenses. Consultant represents that it and any subcontractors it may engage, possess any and all licenses which are required under state or federal law to perform the work contemplated by this ORIGINAL BID ANDIOR AGREEMENT Agreement and that Consultant and its subcontractors shall maintain all appropriate licenses during the performance of this Agreement. 6. Independent Contractor. At all times during the terms of this Agreement, Consultant shall be an independent contractor and not an employee of CITY. CITY shall have the right to control Consultant only insofar as the result of Consultant's services rendered pursuant to this Agreement. CITY shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Consultant shall, at its sole cost and expense, furnish all facilities, materials and equipment which may be required for furnishing services pursuant to this Agreement. Consultant acknowledges that Consultant and any subcontractors, agents or employees employed by Consultant shall not, under any circumstances, be considered employees of CITY. 7. Consultant Not Agent. Except as CITY may specify in writing and as set forth in this Agreement, Consultant shall have no authority, express or implied, to act on behalf of CITY in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied,to bind CITY to any obligation whatsoever. S. Assignment or Subcontracting. No assignment or subcontracting by Consultant of any part of this Agreement or of funds to be received under this Agreement shall be of any force or effect unless the assignment has had the prior written approval of CITY. CITY may terminate this Agreement rather than accept any proposed assignment or subcontracting. 9. Insurance. Consultant shall maintain during the life of this Agreement professional liability insurance covering errors and omissions arising out of the performance of this Agreement with a combined single limit of$1,000,000. Consultant agrees to keep such policy in force and effect for at least three years from the date of completion of this Agreement as long as such insurance is available on reasonably acceptable terms. Consultant shall provide a certificate of insurance evidencing such coverage. 10. Time Is of the Essence. Time is of the essence in this Agreement. Consultant shall do all things necessary and incidental to the prosecution of Consultant's work. 11. Products of Consultant. The documents and appraisal report and other products produced or provided by Consultant for this Agreement shall become the property of CITY upon receipt. Consultant shall deliver all such products to CITY prior to payment for same. CITY may use, reuse or otherwise utilize such products, but only in connection with City's purchase or acquisition of the property that is the subject of the appraisal. 12. Termination. City Manager may for any reason terminate this Agreement by giving the Consultant not less than five (5) days written notice of intent to terminate. Upon receipt of such notice, the Consultant shall immediately cease work, unless the notice from City Manager provides otherwise. Upon the termination of this Agreement, CITY shall pay Consultant for services satisfactorily provided and all allowable reimbursements incurred to the date of termination in compliance with this Agreement, unless termination by CITY shall be for cause, in which event CITY may withhold any disputed compensation. CITY shall not be liable for any claim of lost profits. 13. Maintenance and Inspection of Records. In accordance with generally accepted accounting principles, Consultant shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the "records") pertaining to the costs of and completion of services performed under this Agreement. City Manager shall have access to and the right to audit and reproduce any of Consultant's records regarding the services provided under this Agreement. Consultant shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Consultant agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days notice from City Manager, and copies thereof shall be famished if requested. 14. Governine Law. This Agreement shall be construed in accordance with and governed by the laws of the State of California and Consultant agrees to submit to the jurisdiction of California courts. 15. Integration. This Agreement constitutes the entire agreement of the parties. No other agreement, oral or written, pertaining to the work to be performed under this Agreement shall be of any force or effect unless it is in writing and signed by both parties. Any work performed which is inconsistent with or in violation of the provisions of this Agreement shall not be compensated. 16. Notice. Except as otherwise provided herein, all notices required under this Agreement shall be in writing and delivered personally or by first class mail, postage prepaid, to each party in writing. Notices may be sent by either facsimile or U.S. Mail. Notices shall be deemed received upon receipt of same or within 3 days of deposit in the U.S. Mail, whichever is earlier. Notices sent by facsimile shall be deemed received on the date of the facsimile transmission. TO: "CONSULTANT" TO: "CITY" David Rosenthal,Principal David H. Ready, Esq., Ph.D, City Manager Curtis Rosenthal, Inc. City of Palm Springs 8300 Utica Avenue, Suite 173 3200 E. Tahquitz Canyon Way Rancho Cucamonga,CA 91730 Palm Springs,CA 92262 IN WITNESS of this Agreement, the parties have entered into this Agreement as of the year and day first above written. "CONSULTANT" "CITY" CURTIS ROSENTHAL, INC. CITY OF PALM SPRINGS By: David Rosenthal,Principal David H. Ready,Esq.,Ph. ., ity Mana� APPROVED AS TO FORM /; TEST: l CITY ATTORN04 y Clerk EXHIBIT "A" SCOPE OF SERVICES From: Robert Ham<rham@curtisrosenthaltom> Sent: Thus day,January 10,20191234 PM To: Diana Stay Cc: Jay Virata;Joe Vilegas Subjed: FW:Requestfor Proposals for Appraisal Services-980 E.Tahqudz Canyon Way Good Afternoon Diana We would ilia to submit our quote for the assignment • $5,000 Fee • 30 Day turn brine • Narratbe Report Format • Leasehold Analysis to dctermine value of both the Land and Improved Properties • We will consider the valuation of the Indian Land Lease in our analysis. Joe Villages MAI will be the Lead Appraiser and Main Pont of Contact if awarded the assignment Contact information for Mr.Villages is provided below: Joe V llegas,MAI Director Right of Way/Eminent Domain Curtis Rosenthal,Inc 8300 Utica Avenue,Suite 173 Rancho Cucamonga,California 91730 Cell:805-206-1021 Fax 310-215-3089 jvilegasocurtisrosenth al.com Joe VllegJls MAI has worked in real estate since 1987 when he was responsible for the appraisal of retail shopping centers, office buildings,restaurants,motels, apartment complexes,cold storage facilities,nixed use commercial projects and residential subdivisions- With nearly 30 yeas of experience, Mr. Villegas has completed hundreds of appraisal assignments for public an private sector clients throughout Southem California. He has provided sef-contained narrative reports, complete summary reports, limited summary reports,form reports,and appraisal review services. His experience includes providing reviews of commercial and residential appraisal reports for the banlang industry. Mr. Vilegas has extensive experience providing court and deposition testimony. He has testified on approximately twenty depositions over the last twenty years. A recent Superior Court trial in Sail Bernardino ended in favor of the public agency client. Mr, Vilegas tested as an expert witness on residential market trends in the Los Angeles County Superior Court andtestifed in an Arbitration case in Orange County. Please feel free to contact me if you have any questions. Thankyou for the Bid Opportunity! &i Bab Flea `JP GlientRelabons s CURTINC-01 CRICHMOND ,4caizo CERTIFICATE OF LIABILITY INSURANCE DAM712019 1/12019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License#0814758 CO NANTA ME:CT Hoffman Brown Compan PHONE -- --- 5000man Oaks,C IA .6th loor � No,Ext):(818)986.8200 FAX c,xe):(818)986_8510 SherINSURER(S)AFFORDING COVERAGE __.NAIC e INSURER A:Travelers Casualty Ins Co of America i19046 _ INSURED INSURER 8:Travelers Property Casuaay Insurance Company of America 25674 Curtis-Rosemhal,Inc. INsunERc:O_ak River Insurance Company 34630 5901 W.Century Blvd.Suite#1230 INSURER D:Evanston Insurance Co. 135378 Los Angeles,CA 90045 _. . ___ —_ _ _. . . _ INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTRTYPE OF INSURANCE IAWLSUBR POLICY NUMBER POLICY EFF POLICY EXP LMfrs A X COMMERCIAL GENERAL LABILITY EACH OCCURRENCE !$ 2,000,000 CLAIMS-MADE X OCCUR X 1 6$0$13 DAMAGE TO RENTED0$4721 811612018 811612018 PREMISES Ea occurrence '$ 1,000,000 _. MEL,EXP(Any wepemon) I$ 5,000 PERSONAL&ADV INJURY $ 2'000'000 GEN'L AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE tll$ 4'D00'D00 X POLICY 7 PECT LX LOC I,. PRODUCTS-COMP/OP AGG $ 4,000,000 OTHER: $ A AUTOMOBILE LIABILITY 'i COa aBINED INGLE LIMIT $ 1,OD0,000 ,ANY AUTO X ',6805DO84721 8116/2018 18116/2019 BODILY INJURYJPerpon:ori) S WN OED _ SCHEDULED AUTOS ONLY __ _AUTOS BODILY BODILY INJURYANr awderd) $ _ X.. AUTOS ONLY X ',,AUOTOSONLY ieOamtlein) MAGE $ 8 E%CE55DAB CLAIMS-MADE EACH OCCURRENCE $ 2,000,000 ' UMBRELLA LIAB OCCUR CUPSD260339 811612018 811612019 AGGREGATE $ 2,000,000 OED RETENTIONS $ C WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN X STATUTE i ER CUWC927329 81212018 8/212019 1,000,000 :ANY pPR�OPRIETORIPARTNER/EXECUTIVE X EL EACH ACCIDENT $ _ WaFnI aWM BER EXCLUOEo? Y NIA '.. 1.000,000 (rA U NN) EL DISEASE-EA EMPLOYEE S Ifyes,d.:--under1,600,000 DESCRIPTION OF OPERATION$belox E.L.DISEASE-POLICY LIMIT $ D IErrors&Omissions E0873450 111612018 111612019 Per Claim / 1,000,000 D Errors&Omissions E0873450 11/612018 111612019 Aggregate J 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES 1ACORD 101,Addi tonal Remarks acheduM,may he attached eq if more space Is rulmci) WARNING: Additional Insured status only valid if required by written contract executed prior to the loss. Coverage is limited as per policy terns and conditions. Errors&Omissions Deductible$7,500 Where required by written contract,The City of Palm Springs,its officials,employees and agents are included as Additional Insureds only as respects to General Liability and Auto Liability,per form CG D1 86 11 03,attached.Waiver of Subrogation on the Workers Compensation policy in favor of City,its elected SEE ATTACHED ACORD 101 CERTIFICATE HOLDER CANCELLATION 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 City of Palm Springs 3200 E.Tahquitz Canyon Way Pal.S.ri CA 92262 ACORD 25(2016103) d ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID:CURTINC-01 CRICHMOND /OMMIN LOC#: 1 A� ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY License#0814758 NAMED INSURED Hoffman Brown Company I5901isNRCee��hrayl Inc. - - - ------ --- --'.Los Angeles,CA 90045 Suite#1230 GOLICV NUMBER g EE PAGE 1 CARRIER NAIC CODE SEE PAGE 1 SEE P 1 EFFEC VEDATE:SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Description of OperationslLocationslVehicles: officials,officers,employees,agents and volunteers as per form#WC 990410B,attached. Primary/Non-Contributory applies onto the General Liability and Auto Liability as perform CG D186 1103 RE: 980 E.Tahquitz Canyon Way; Parcel No.508-056-010 ACORD 101 (2008101) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the PRO- VISIONS of this endorsement carefully to determine rights, duties, and what is and is not covered. A. Broadened Named Insured I. Injury to Co-Employees and Co-Volunteer B. Damage To Premises Rented To You Extension Workers • Perils of fire, explosion, lightning, smoke, water J. Aircraft Chartered with Crew • Limit increased to$300,000 K. Non-Owned Watercraft—Increased from 25 feet to 50 feet C. Blanket Waiver of Subrogation D. Blanket Additional Insured—Managers or L. Increased Supplementary Payments Lessors of Premises • Cost for bail bands increased to $2,500 E. Blanket Additional Insured—Lessor of • Loss of earnings increased to $500 per day Leased Equipment M. Knowledge and Notice of Occurrence F. Incidental Medical Malpractice or Offense G. PersonalInjury—AssumedbyContract N. Unintentional Omission H. Extension of Coverage—Bodily Injury O. Reasonable Force— Bodily Injury or Property Damage PROVISIONS B. DAMAGE TO PREMISES RENTED TO YOU A. BROADENED NAMED INSURED EXTENSION 1. The Named Insured in Item 1. of the Declara- 1. The last paragraph of COVERAGE A. BOD- tions is as follows: ILY INJURY AND PROPERTY DAMAGE LI- The person or organization named in Item 1. ABILITY (Section I — Coverages) is deleted of the Declarations and any organization, and replaced by the following: other than a partnership or joint venture, over Exclusions c. through n. do not apply to dam- which you maintain ownership or majority in- age to premises while rented to you, or tem- terest on the effective date of the policy. porarily occupied by you with permission of However, coverage for any such organization the owner, caused by: will cease as of the date during the policy pe- a. Fire; riod that you no longer maintain ownership of, or majority interest in, such organization. b. Explosion; 2. WHO IS AN INSURED (Section 11) Item 4.a. c. Lightning; is deleted and replaced by the following: d. Smoke resulting from such fire, explosion, a. Coverage under this provision is afforded or lightning; or only until the 180th day after you acquire e. Water. or form the organization or the end of the policy period, whichever is earlier, unless A separate limit of insurance applies to this reported in writing to us within 180 days. coverage as described in LIMITS OF INSUR- 3. This Provision A. does not apply to any per- ANCE (Section 111). son or organization for which coverage is ex- 2. This insurance does not apply to damage to cluded by endorsement. premises while rented to you, or temporarily CG D1 86 11 03 Copyright, The Travelers Indemnity Company, 2003 Page 1 of 5 COMMERCIAL GENERAL LIABILITY occupied by you with permission of the COVERAGE A. BODILY INJURY AND owner, caused by: PROPERTY DAMAGE LIABILITY (Section I— a. Rupture, bursting, or operation of pres- Coverages) is excluded by endorsement. sure relief devices; C. BLANKET WAIVER OF SUBROGATION b. Rupture or bursting due to expansion or We waive any right of recovery we may have swelling of the contents of any building or against any person or organization because of structure, caused by or resulting from wa- payments we make for injury or damage arising ter; out of premises owned or occupied by or rented c. Explosion of steam boilers, steam pipes, or loaned to you; ongoing operations performed steam engines, or steam turbines. by you or on your behalf, done under a contract with that person or organization; "your work"; or 3. Part 6. of LIMITS OF INSURANCE (Section I °your products". We waive this right where you II)is deleted and replaced by the following: have agreed to do so as part of a written contract, Subject to 5. above, the Damage To Prem- executed by you prior to loss. ises Rented To You Limit is the most we will D. BLANKET ADDITIONAL INSURED — MANAG- pay under COVERAGE A. for damages be- ERS OR LESSORS OF PREMISES cause of"property damage" to any one prem- ises while rented to you, or temporarily occu- WHO IS AN INSURED (Section II) is amended to pied by you with permission of the owner, include as an insured any person or organization caused by fire, explosion, lightning, smoke (referred to below as "additional insured") with resulting from such fire, explosion, or light- whom you have agreed in a written contract, exe- ning, or water. The Damage To Premises cuted prior to loss, to name as an additional in- Rented To You Limit will apply to all damage sured, but only with respect to liability arising out proximately caused by the same 'occur- of the ownership, maintenance or use of that part rence", whether such damage results from of any premises leased to you, subject to the fol- fire, explosion, lightning, smoke resulting from lowing provisions: such fire, explosion, or lightning, or water, or 1. Limits of Insurance. The limits of insurance any combination of any of these. afforded to the additional insured shall be the The Damage To Premises Rented To You limits which you agreed to provide, or the lim- Limit will be the higher of: its shown on the Declarations, whichever is a. $300,000; or less. 2. The insurance afforded to the additional in- b. The amount shown on the Declarations sured does not apply to: for Damage To Premises Rented To You Limit. a. Any 'occurrence" that takes place after 4. Under DEFINITIONS (Section V), Paragraph you cease to be a tenant in that premises; a. of the definition of "insured contract' is b. Any premises for which coverage is ex- amended so that it does not include that por- cluded by endorsement;or tion of the contract for a lease of premises c. Structural alterations, new construction or that indemnifies any person or organization demolition operations performed by or on for damage to premises while rented to you, behalf of such additional insured. or temporarily occupied by you with permis- 3. The insurance afforded to the additional in- sion of the owner, caused by: sured is excess over any valid and collectible a. Fire; insurance available to such additional in- b. Explosion; sured, unless you have agreed in a written c. Lightning; contract for this insurance to apply on a pri- mary or contributory basis. d. Smoke resulting from such fire, explosion, E. BLANKET ADDITIONAL INSURED — LESSOR or lightning; or OF LEASED EQUIPMENT e. Water. WHO IS AN INSURED (Section II) is amended to 5. This Provision B. does not apply if coverage include as an insured any person or organization for Damage To Premises Rented To You of (referred to below as "additional insured") with Page 2 of 5 Copyright, The Travelers Indemnity Company, 2003 CG D1 86 1103 COMMERCIAL GENERAL LIABILITY whom you have agreed in a written contract, exe- for which no remuneration is demanded cuted prior to loss, to name as an additional in- or received. sured, but only with respect to their liability arising 3. Paragraph 2.a.(1)(d) of WHO IS AN IN- out of the maintenance, operation or use by you SURED (Section II) does not apply to any of equipment leased to you by such additional in- registered nurse, licensed practical nurse, sured, subject to the following provisions: emergency medical technician or paramedic 1. Limits of Insurance. The limits of insurance employed by you, but only while performing afforded to the additional insured shall be the the services described in paragraph 2. above limits which you agreed to provide, or the lim- and while acting within the scope of their em- its shown on the Declarations, whichever is ployment by you. Any "employees" rendering less. "Good Samaritan services" will be deemed to 2. The insurance afforded to the additional in- be acting within the scope of their employ- sured does not apply to: ment by you. a. Any 'occurrence" that takes place after 4. The following exclusion is added to paragraph the equipment lease expires; or 2. Exclusions of COVERAGE A. — BODILY INJURY AND PROPERTY DAMAGE LIABIL- b. "Bodily injury" or "property damage" aris- ITY (Section I —Coverages): ing out of the sole negligence of such ad- ditional insured. (This insurance does not apply to:) Liability arising out of the willful violation of a penal 3. The insurance afforded to the additional in- statute or ordinance relating to the sale of sured is excess over any valid and collectible pharmaceuticals by or with the knowledge or insurance available to such additional in- consent of the insured. sured, unless you have agreed in a written contract for this insurance to apply on a pri- 5. For the purposes of determining the applica- mary or contributory basis. ble limits of insurance, any act or omission, F. INCIDENTAL MEDICAL MALPRACTICE together with all related acts or omissions in the furnishing of the services described in 1. The definition of 'bodily injury" in DEFINI- paragraph 2. above to any one person, will be TIONS (Section V) is amended to include "In- considered one occurrence". cidental Medical Malpractice Injury". 6. This Provision F. does not apply if you are in 2. The following definition is added to DEFINI- the business or occupation of providing any of TIONS (Section V): the services described in paragraph 2. above. "Incidental medical malpractice injury" means 7. The insurance provided by this Provision F. bodily injury, mental anguish, sickness or dis- shall be excess over any other valid and col- ease sustained by a person, including death lectible insurance available to the insured, resulting from any of these at any time, aris- whether primary, excess, contingent or on ing out of the rendering of, or failure to ren- any other basis, except for insurance pur- der, the following services: chased specifically by you to be excess of a. Medical, surgical, dental, laboratory, x-ray this policy. or nursing service or treatment, advice or G. PERSONAL INJURY — ASSUMED BY CON- instruction, or the related furnishing of TRACT food or beverages; 1. The Contractual Liability Exclusion in Part b. The furnishing or dispensing of drugs or 2., Exclusions of COVERAGE B. PER- medical, dental, or surgical supplies or SONAL AND ADVERTISING INJURY LIABIL- appliances; or ITY (Section I — Coverages) is deleted and c. First aid. replaced by the following: d. "Good Samaritan services". As used in (This insurance does not apply to:) this Provision F., "Good Samaritan ser- Contractual Liability vices" are those medical services ren- "Advertising injury" for which the insured has dered or provided in an emergency and assumed liability in a contract or agreement. This exclusion does not apply to liability for CG D1 86 11 03 Copyright, The Travelers Indemnity Company, 2003 Page 3 of 5 COMMERCIAL GENERAL LIABILITY damages that the insured would have in the 3. Subparagraphs 2.a.(1)(a), (b) and (c) and absence of the contract of agreement. 3.a. of WHO IS AN INSURED (Section II) do 2. Subparagraph f. of the definition of "insured not apply to "bodily injury"for which insurance contract" (DEFINITIONS — Section V) is de- is provided by paragraph 1.or 2.above. leted and replaced by the following: J. AIRCRAFT CHARTERED WITH CREW f. That part of any other contract or agree- 1. The following is added to the exceptions con- ment pertaining to your business (includ- tained in the Aircraft, Auto Or Watercraft ing an indemnification of a municipality in Exclusion in Part 2., Exclusions of COVER- connection with work performed for a AGE A. BODILY INJURY AND PROPERTY municipality)under which you assume the DAMAGE LIABILITY(Section I—Coverages): tort liability of another party to pay for (This exclusion does not apply to:) Aircraft "bodily injury," "property damage" or"per- chartered with crew to any insured. sonal injury" to a third party or organiza- tion. Tort liability means a liability that 2. This Provision J. does not apply if the char- would be imposed by law in the absence tered aircraft is owned by any insured. of any contract or agreement. 3. The insurance provided by this Provision J. 3. This Provision G. does not apply if COVER- shall be excess over any other valid and col- AGE B. PERSONAL AND ADVERTISING IN- lectible insurance available to the insured, JURY LIABILITY is excluded by endorse- whether primary, excess, contingent or on ment. any other basis, except for insurance pur- chased specifically by you to be excess of JURY this policy. K. NON-OWNED WATERCRAFT The definition of "bodily injury" (DEFINITIONS — Section V) is deleted and replaced by the follow- 1. The exception contained in Subparagraph (2) ing: of the Aircraft, Auto Or Watercraft Exclu- sion"Bodily injury" means bodily injury, mental an- in Part 2., Exclusions of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE guish, mental injury, shock, fright, disability, hu- LIABILITY (Section I — Coverages) is deleted miliation, sickness or disease sustained by a per- and replaced by the following: son, including death resulting from any of these at any time. (2) A watercraft you do not own that is: 1. INJURY TO CO-EMPLOYEES AND CO- (a) Fifty feet long or less; and VOLUNTEER WORKERS (b) Not being used to carry persons or 1. Your "employees" are insureds with respect property for a charge; to "bodily injury" to a co-"employee" in the 2. This Provision K. applies to any person who, course of the co-"employee's" employment by with your expressed or implied consent, either you, or to your "volunteer workers" while per- uses or is responsible for the use of a water- fonning duties related to the conduct of your craft. business, provided that this coverage for your 3. The insurance provided by this Provision K. "employees" does not apply to acts outside shall be excess over any other valid and col- the scope of their employment by you or while lectible insurance available to the insured, performing duties unrelated to the conduct of whether primary, excess, contingent or on your business. any other basis, except for insurance pur- l. Your "volunteer workers" are insureds with chased specifically by you to be excess of respect to "bodily injury" to a co-"volunteer this policy. worker" while performing duties related to the L. INCREASED SUPPLEMENTARY PAYMENTS conduct of your business, or to your "employ- ees" in the course of the "employee's" em- Parts b. and d. of SUPPLEMENTARY PAY- ployment by you, provided that this coverage MENTS — COVERAGES A AND B (Section I — for your "volunteer workers" does not apply Coverages) are amended as follows: while performing duties unrelated to the con- 1. In Part b. the amount we will pay for the cost duct of your business. of bail bonds is increased to$2500. Page 4 of 5 Copyright,The Travelers Indemnity Company, 2003 CG D1 86 1103 COMMERCIAL GENERAL LIABILITY 2. In Part d. the amount we will pay for loss of which you are required to notify us in writing earnings is increased to $500 a day. of the abrupt commencement of a discharge, M. KNOWLEDGE AND NOTICE OF OCCUR- release or escape of "pollutants" which RENCE OR OFFENSE causes "bodily injury" or "property damage" which may otherwise be covered under this 1. The following is added to COMMERCIAL policy. GENERAL LIABILITY CONDITIONS (Section IV), paragraph 2. (Duties In The Event of Oc- N. UNINTENTIONAL OMISSION currence, Offense, Claim or Suit): The following is added to COMMERCIAL GEN- Notice of an "occurrence" or of an offense ERAL LIABILITY CONDITIONS (Section IV), which may result in a claim under this insur- paragraph 6. (Representations): ance shall be given as soon as practicable af- The unintentional omission of, or unintentional ter knowledge of the "occurrence" or offense error in, any information provided by you shall not has been reported to any insured listed under prejudice your rights under this insurance. How- Paragraph 1. of Section II — Who Is An In- ever, this Provision N. does not affect our right to sured or an "employee" (such as an insur- collect additional premium or to exercise our right ance, loss control or risk manager or adminis- of cancellation or nonrenewal in accordance with trator)designated by you to give such notice. applicable state insurance laws, codes or regula- Knowledge by other "employee(s)" of an "oc- tions. currence" or of an offense does not imply that O. REASONABLE FORCE — BODILY INJURY OR you also have such knowledge. PROPERTY DAMAGE 2. Notice shall be deemed prompt if given in The Expected Or Intended Injury Exclusion in good faith as soon as practicable to your Part 2., Exclusions of COVERAGE A. BODILY workers' compensation insurer. This applies INJURY AND PROPERTY DAMAGE LIABILITY only if you subsequently give notice to us as (Section I — Coverages) is deleted and replaced soon as practicable after any insured listed by the following: under Paragraph 1. of Section II —Who Is An (This insurance does not apply to:) Insured or an "employee" (such as an insur- ance, loss control or risk manager or adminis- Expected or Intended Injury or Damage trator) designated by you to give such notice "Bodily injury" or "property damage" expected or discovers that the "occurrence", offense or intended from the standpoint of the insured. This claim may involve this policy. exclusion does not apply to "bodily injury" or 3. However, this Provision M. does not apply as "property damage" resulting from the use of rea- respects the specific number of days within sonable force to protect persons or property. CG D1 86 1103 Copyright, The Travelers Indemnity Company, 2003 Page 5 of 5 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 0410B (Ed.9-14) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA BLANKET BASIS We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) The additional premium for this endorsement shall be 2% of the total manual premium otherwise due on such remuneration. The minimum premium for this endorsement is $350. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE BLANKET WAIVER Person/Organization Blanket Waiver—Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. Job Description Waiver Premium All CA Operations 350.00 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement Is Issued subsequent to preparation of the policy.) Endorsement Effective 08/02/2018 Policy No. CUWC927329 Endorsement No. Insured Premium$ Insurance Company Oak River Insurance Company Countersigned by WC 99 04108 (Ed.9-14)