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HomeMy WebLinkAboutPW12-209 - Amendment - #1 - Barghausen Consulting Engineers, Inc. - Stormwater Design Comparative Analysis - 10/25/2012 POP* Records Man ,a' gemeny� �t -11 KENT WAS„,„V.7p„ Document 'gill CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: Barghausen Consulting Engineers, Inc. Vendor Number: ID Edwards Number Contract Number: This is assigned by City Clerk's Office Project Name: Stormwater Design Comparative Analysis Description: ❑ Interlocal Agreement ❑ Change Order ® Amendment ❑ Contract ❑ Other: I Contract Effective Date: 10/25/12 Termination Date: 12/31/12 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Kelly Peterson Department: Engineering Detail: (i.e. address, location, parcel number, tax id, etc.): Extend the time of completion to December 31, 2012. _ s Publlc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 KENT W A MI N 0 T 0 N AMENDMENT NO. 1 NAME OF CONSULTANT OR VENDOR: Barghausen Consulting Engineers, Inc. CONTRACT NAME & PROJECT NUMBER: Stormwater Design Comparative Analysis ORIGINAL AGREEMENT DATE: October 4, 2012 This Amendment is made between the City and the above-referenced Consultant or Vendor and amends the original Agreement and all prior Amendments. All other provisions of the original Agreement or prior Amendments not inconsistent with this Amendment shall remain in full force and effect. For valuable consideration and by mutual consent of the parties, Consultant or Vendor's work is modified as follows: 1. Section I of the Agreement, entitled "Description of Work," is hereby modified to add additional work or revise existing work as follows: In addition to work required under the original Agreement and any prior Amendments, the Consultant or Vendor shall: No change is necessary to the scope of work, however an amendment is needed to extend the time of completion to December 31, 2012 due to a delay in receiving necessary information from the State. 2. The contract amount and time for performance provisions of Section II "Time of Completion," and Section III, "Compensation," are modified as follows: Original Contract Sum, $8,500.00 including applicable WSST Net Change by Previous Amendments $0 including applicable WSST Current Contract Amount $8,500.00 including all previous amendments Current Amendment Sum $0 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $8,500.00 AMENDMENT - 1 OF 2 Original Time for Completion 10/31/12 (Insert date) Revised Time for Completion under n/a prior Amendments (Insert date) Add'I Days Required (f) for this 61 calendar days Amendment Revised Time for Completion 12/31/12 (Insert date) The Consultant or Vendor accepts all requirements of this Amendment by signing below, by its signature waives any protest or claim it may have regarding this Amendment, and acknowledges and accepts that this Amendment constitutes full payment and final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Amendment, including, without limitation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits. This Amendment, unless otherwise provided, does not relieve the Consultant or Vendor from strict compliance with the guarantee and warranty provisions of the original Agreement. All acts consistent with the authority of the Agreement, previous Amendments (if any), and this Amendment, prior to the effective date of this Amendment, are hereby ratified and affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment shall be deemed to have applied. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. IN WITNESS, the parties below have executed this Amendment, which will become effective on the last date written below. CONSULTANT/VENDOR: CITY OF KENT: By: _ By: (signatu (signature) Print Name: Print Name: Timothy J. LaPorte, P.E. Its Its Public Works Director (title) (titl ) DATE: fn- 2�' �-1�7 DATE: l0�0� 2 APPROVED AS TO FORM: (applicable if Mayor's signature required) Kent Law Department Barghausen-Comparative Analysis Amid VPeterson AMENDMENT - 2 OF 2 1 DATE(MMIDD/YYYY) A�o® CERTIFICATE OF LIABILITY INSURANCE 10/04/2012 S CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS .TIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BLLOW 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(les) 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 1-425-454-3386 CONTACT Gail Scott NAME Arthur J. Gallagher Risk Management Services, Inc. PHONE q25-586-1031 F No 425-451-3716 C No Ex P.O. Box 367 EMAIL ail scott�a com ADDRESS 4 jg• Bellevue, WA 98009-0367 INSURERS AFFORDING COVERAGE NAIL# INSURERA. NATIONAL SURETY CORP 21881 INSURED INSURER B Barghausen Consulting Engineers, Inc. INSURERC 18215 - 72nd Avenue South INSURERD Kent, WA 98032-1006 INSURER INSURER F COVERAGES CERTIFICATE NUMBER- 29522348 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 LIMITS LTR TYPE OF INSURANCE im WVD POLICYNUMBER MMIDDIYYYY MM/DDIYYYY A GENERAL LIABILITY MZX80938409 02/26/1 02/26/13 EACH OCCURRENCE $2,000,000 X DAMAGE TO RENTED 1,000.000 COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ CLAIMS-MADE OCCUR MED EXP(Any one person) $5,000 X Contractual Liab Incl. PERSONAL&ACV INJURY $ 2,000,000 GENERAL AGGREGATE $ 2,000,000 BEN'L AGGREGATE LIMITAPPLIES PER. PRODUCTS-COMP/OP AGG $2,000,000 POLICY MPE 0 LOC $ A JTOMOBILE LIABILITY MZX80938409 02 26 1 02 26 13 COMBINED SINGLE LIMIT 1,000,000 Ea accident X ANYAUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS HIRED AUTOS NON-OWNED PROPERTY e PE dent DAMAGE $ AUTOS $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LLAB CLAIMS MADE AGGREGATE $ DED I I RETENTION$ $ A WORKERS COMPENSATION MZX8093B409 StopGap Dial, 02/26/13 WC STATU OTH- AND EMPLOYERS'LIABILITY P 02/26/1 IM ANY PROPRIETORIPARTNERIEXECUTIVE YIN EL EACH ACCIDENT $ 1,0001000 OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatory in NH) EL DISEASE-EA EMPLOYE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space is required) Workers Compensation covered by Washington State Industrial with Dept. of Labor & Industries. The City of Kent is included as Additional Insured for General Liability (Gr, A/I Endts #CG2026 and CG2037) as respects operations of the Named Insured. Prinary & Non-Contributory applies. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent Engineering - THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. At Nancy Yoshitake 40e oast Gowe AUTHORIZED REPRESENTATIVE Kent, WA 98032 USA ©198B-2010 ACORD CORPORATION. All rights reserved ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD lathabe 29522348 ACC:)Rf> 10/04/zol2 CERTIFICATE OF LIABILITY INSURANCE DIDD/Y 1o/o4 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 pollcy(les) 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 1-425-454-3386 CONTACT Gail Scott NAME Arthur J. Gallagher Risk Management Services, Inc. PHONE E g25-586-1031 aC No 425-951-3716 P.O. Box 367 E-MAIL ail_scott®a Com ADDRESS g jg• Bellevue, WA 98009-0367 INSURERS AFFCRDING COVERAGE NAICF INSURERA TRAVELERS CAS & SURETY CO 19038 INSURED INSURER B Barghausen Consulting Engineers, Inc. INSURER 28215 - 72nd Avenue South INSURER Kent, WA 98032-1006 INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER' 29522349 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 NOTWITHSTA'JDING 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 TYPE OF ADDLSUBR POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MM/DD/YYYY MM/DD/WYY GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ CLAIMS-MADE OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GENL AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ POLICY PRO LOG $ 1 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident ANY AUTO BODILY INJURY(Per person) $ ALLOWNEO SCHEDULED BODILY INJURY(Peracodenl) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIREDAUTOS AUTOS Per accident UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION WC STATUTORY LIMIT OTH AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNERJEXECUTIVE YIN❑ E L EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? NIA (Mandatory in NH) E L DISEASE-EA EMPLOYE $ If yes,describe under EL DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS below A Professional Liability 105243694 02/26/1 02/26/13 Per Claim Limit 11000,000 Claims Made Policy Aggregate - 2,000,000 Retention 100,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks schedule,if more space Is required) Evidence of Insurance. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OP THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent Engineering THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, Attn: Nancy Yoshitake { 400 West Goble - - AUTHORIZED REPRESENTATIVE - Kent, WA 9B032 USA ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD lathabe 29522349 PUI,ICY NUMBER s 86 MZX 80939409 NAMED INSURED BARGHAUSEN CONSULTING ENGINEERS INC PORTFOLIO POLICY (R) GENERAL LIABILITY DECLARATIONS Insurance is provided only for those Coverages, Limits of Liability and Endorsements shown below. Coverages Limits of Liability e= COMMERCIAL GENERAL LIABILITY COVERAGE PART v _ GENERAL AGGREGATE LIMIT (Other Than Products - 02,000,000 Completed Operations) h u PRODUCTS - COMPLETED OPERATIONS AGGREGATE LIMIT 42,000,000 PERSONAL & ADVERTISING INJURY LIMIT $2,000,000 EACH OCCURRENCE LIMIT 02,000,000 DAMAGE TO PREMISES RENTED TO YOU LIMIT ANY ONE PREMISES 5100,000 MEDICAL EXPENSE LIMIT ANY ONE PERSON $5,000 ' EMPLOYEE BENEFITS ADMINISTRATION ERRORS AND OMISSIONS INSURANCE ff[ AGGREGATE LIMIT SI,0nD,000 I EACH EMPLOYEE LIMIT 01,000,000 The audit period shall be ANNUAL GENERAL LIABILITY ENDORSEMENT(S) EXCLUSION - ENGINEERS, ARCHITECTS OR SURVEYORS PROFESSIONAL LIABILITY � - (CG 22 43 07 98) COMPLETE ASBESTOS EXCLUSION (CS 70 93 12 92R) EMPLOYEE BENEFITS ADMINISTRATION ERRORS AND OMISSIONS INSURANCE (EB 70 00 12 97) 0 N `ULTICOVER'- WITHOUT MEDICAL PAYMENTS (CO 71 93 12 07 S) a / ' a ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS-- COMPLETED OPERATIONS CG 20 37 07 04) u ! N GL - 1 'u ,. •d ram. , ..;ry±tq,+4+,. wt't'��,,1`��nW +7 !.nT'''1•.+ t -'.1'Ei+ FF'i'.. ,s ." ,'44h i:�$+�', .`cWii ti ..".a 4"Z' +aMYwNltlr^rtiprR+�-+revC^ ^''h«f m^+xd^P-'rY°"e- .•�•f.""«,-t:*Yr iR'7+"+ q'ye+t'A'y.e T.+. POLICY NUMBER S 86 HZX 80939409 NAMED INSURED BARGHAUSEN CONSULTING ENGINEERS INC PORTFOLIO POLICY (R) COMMERCIAL GENERAL LIABILITY DECLARATIONS [Continued) GENERAL LIABILITY ENDORSEMENT(S) (COn'tinued) AMENDMENT TO CONDITION 4. OTHER INSURANCE (CG 72 53 09 05) PERSONAL AND ADVERTISING INJURY HAZARD REDEFINED (CG 72 75 06 07) RECORDING AND DISTRIBUTION OF MATERIAL OR INFORMATION IN VIOLATION OF LAW EXCLUSION (CG 00 68 05 09) SUPPLEMENTARY STATE ENDORSEMENT(S) CALIFORNIA CALIFORNIA CHANGES (CG 32 34 01 05) WASHINGTON WASHINGTON CHANGES (CG O1 81 05 08) 00� WASHINGTON CHANGES - EMPLOYMENT (CG 01 97 12 07) FUNGI OR B IA EXCLUSION - WASHINGT 72 78 04 08) TIONAL INSURED-DESIGNATED PERSON OR ORGANIZATION (CG 20 26 07 04) C62026 0704 SCHEDULE NAME OF ADDITIONAL INSURED PERSON(S) OR ORGANIZATIONS) "'BLANKET WHERE REQUIRED BY WRITTEN CONTRACT" ADDITION A LME 5_DR CONTRACTORS- COMPLETED OPERATIONS (CG 20 37 07 04) C62037 0704 SCHEDULE NAME OF ADDITIONAL INSURED PERSON(S) OR ORGANIZATION(S) "BLANKET WHERE REQUIRED BY WRITTEN CONTRACT" AW GL - 2 bSa, .,«.+as+Wh.b.W{✓,�, 'c�hr+'.w.rr. .awtn +K✓.',-- .'aYaA..+s.` vx. Additional Insured - Designated Person or Organization - GG 20 26 07 04 Am Policy Amendments) Commercial General Liability Insured: BARGHAUSEN CONSULTING ENGINEERS INC Policy Number: S 86 MZX 80938409 Producer ARTHUR J. GALLAGHER RISK MANAG Effective Date: 02-26-12 This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part Schedule Name Of Additional Insured Person(s) Or Organization(s) i (If no entry appears above, tnforrnation required to complete this Endorsement will be shown in the Declarations as applicable to this Endorsement,) Section II - Who Is An Insured is amended to include A. In the performance of your ongoing operations; as an additional insured the persons) or organization(s) or shown in the Schedule,but only with respect to liability for bodily injury, property damage or personal and ad- B. In connection with your premises owned by or vertising injury caused, in whole or in part,by your acts or omissions or the acts or omissions of those acting rented to you. on your behalf This Form must be attached to Change Endorsement when issued after the policy is written, One of the Meman's Fund Insurance companies as named in the policy Secretary President CG20267•04x''' ? r #n" xjwrSsFi +jrtifw1° k "»i':t�' / Copyright,ISO Properties,rnc.,2W4 Additional Insured - Owners, Lessees or Contractors - Completed Operations - CG 20 37 07 04 _ Policy Amendment(s) Commercial General Liability is Insured: HARGHAUS£N CONSULTING ENGINEERS INC Policy Number: 5 86 MZX 80938409 Producer:ARTHUR J. GALLAGHER RISK MANAG Effective Date: 02-26-12 This endorsement modifies insurance provided under the following: =- Commercial General Liability Coverage Part Schedule .Fame Of Additional Insured Person(s) Location And Description Of Or Organization(s) Completed Operations (If no entry appears above, information required to complete this Endorsement will be shown in the Declarations as applicable to this Indorsement.) Sectlon H- Who Is An Insured is amended to include or in part, by your work at the location designated and as an additional insured the person(s)or orgatnaation(s) described m the schedule of this endorsement per- shown in the Schedule,but only with respect to liability formed for that additional insured and included in the for bodily injury or property damage caused, in whole products-completed operations hazard. ,This Form must be attached to Change Endorsement when issued after the policy is written. QOne of the Fireman's Fund Insurance Companies as named in the policy .r h a ' - Secretary - - - �* President - ra U {?`i'*'CG20977.04 tiAik - fi '+,•, {' .ris.` ..%%e :4 - Copyright,ISO Propertlea,Inc.,2W4 s� 0 =MultiCuvery - Without Medical Payments - CC 71 93 12 07 Policy Amendments) Commercial General Liability Coverage Form Your Commercial General Liability Coverage Form is (3) Coverage B does not apply to per- revised as follows: sonal and advertising injury arising out of an offense committed before 1. Broadened Wanted Insured you acquired or formed the organ- ization A. SECTION 11 - WHO IS AN INSURED, item 3., is deleted and replaced by the follow- B. SECTION II - WHO IS AN INSURED,the ing: last paragraph, is deleted and replaced by the following: 3. Any organization that you own at the inception of this policy, or newly acquire No person or organization is an insured with or form during the policy period, and respect to the conduct of any current or past over which you maintain during the pol- partnership, joint venture, or limited liability icy period majority ownership or major- company that is not shown as a Named In- ity interest, will qualify as a Named sured in the Declarations. However, this does Insured if: not apply to a limited liability company that meets all of the conditions in Section II - a. There is no other similar insurance Who Is An Insured, item 3., above. available to that organization;and 2, Additional Insured b. The first Named Insured shown in SECTION II - WHO IS AN INSURED, sub- the Declarations has the responsi- section 2.e., is added as follows: bility of placing insurance for that organization; and e. Any person or organization is included as an additional insured,but only to the extent such e. That organization is incorporated or person or organization is held liable for organized under the laws of the bodily injury, property damage or personal and United States of America advertising injury caused by your acts or however. omissions- With respect to the insurance af- forded to such insured, all of the following (1) Coverage under this provision 3 is additional provisions apply: afforded only until the next occur- (1) You and such person or organization ring annual anniversary of the be- have agreed in a written insured contract ginning of the policy period shown that such person or organization be ad- in the Declarations,or the end of the ded as an additional insured under this policy period, whichever is earlier; policy; and (2) The bodily injury, property damage or (2) Coverage A does not apply to bodily personal and advertising injury for which injury or property damage that said person or organization is held liable occurred before you acquired or occurs subsequent to the execution of formed the organization;and such insured contract; This Form must be attached to Change Endorsement when issued after the policy is written. One of the Fireman's rand insurance Companies®as named in the policy Secretary - President -- - _ » . CG7193 12-07S t Copynght 2007,Fireman's Fund Insurance Company,Novato,CA. All nrhts reserved Includes copynghted material of insurance Services Oftfce,Ine.,with its pemnsdon. P2.gC,,,1 I (3) The most we will pay is the lesser of (c) Which takes place after that portion ti either the Limits of Insurance shown in of your work out of which the injury the Declarations or the limits of incur- or damage arises has been put to its ante required by the insured contract; intended use by any other person or organization other than another (4) Such person or organization is an insured contractor or subcontractor engaged only with respect to. in performing operations for a grin- = (a) Their ownership, maintenance, or �P� P of the same project; use of that part of the premises, or (d) Which takes place after the expires-land, owned by, rented to, or leased tion of any equipment tease to to you, except such person or or- which (4)(d) above applies; ganiration is not an insured with re- spect to structural alterations, new (6) With respect to architects, engineers or i construction or demolition oper- surveyors, coverage does not apply to ations performed by or on behalf of bodily injury, property damage or per- such person or organization; sonal and advertising injury arising out of the rendering or failure to render any (b) Your ongoing operations performed professional services by or for you, in- for that insured; eluding: (c) Their financial control of you, ex- (a) The preparing, approving, or failing cept such person or organization is to prepare or approve, maps, shop not an insured with respect to strut- drawings, opinions, reports, surveys, tural alterations, new construction field orders, change orders, or draw- or demolition operations performed ings and specifications; by or on behalf of such person or organization; (b) Supervisory, inspection, architec- tural, or engineering services. (d) The maintenance, operation or use by you of equipment Ieased to you However, if an Additional Insured endorsement is by such person or organization; attached to this policy that specifically names a person or organization as an insured, then this (e) Operations performed by you or on subsection 2 e. does not apply to such person or your behalf and for which a state or organization. political subdivision has issued a 3. Additional Insured- Vendors permit, provided such operations are not performed for such state or pol- Unless the products completed operations hazard itical subdivision, and are not in- is excluded from this policy, SFCTION II - WHO cluded within the products-completed IS AN INSURED, item 2 f. is added as follows: operations hazard; 5 This insurance does not apply to bodily f. Any vendor of yours is included as an addi- tional insured,but only with respect to bodily injury, property damage, personal and injury or property damage caused by your advertising injury, occurrence or offense: products which are distributed or sold in the sub- (a) Which takes place at a particular regular course of the vendors business, sub- ject to the following additional exclusions: premises after you cease to be a tenant of that premises; (I) The insurance afforded the vendor does Q (b) Which takes place after all work, in- not apply to: cludmg materials, parts or equip- (a) Bodily injury or property damage for 0L ment furnished in connection with which the vendor is obligated to pay such work to be performed by or on damages by reason of the assump- behalf of the additional insured at tion of liability in a contract or the site of the covered operations, - agreement. This exclusion does not N has been completed; apply to liability for damages that U CG7193 12-07S Copyng t 2007,Firemen's Fund insurance Company,Novato,CA. Alt rights'resamd. ,i'��':' "`�' '� lro* , -q Includes copyrrghtcd iiiaicrial of rnrdrance Services oi&re Inc•,with iu per¢vcnon page 2 Of 0 I the vendor would have in the ab- 4. Additional Insured - Limited Primary and Non- senee of the contract or agreement; contributory Provision (b) Any express warranty unauthorized The following is added as a second paragraph to by you, Section IV Conditions, Condition 4. Other Insur- (e) Any physical or chemical change in ance, following paragraph b(2): the product made intentionally by However, if you have added any person, organiza- the vendor; tion or vendor of yours as an additional insured to (d) Repackaging,unless unpacked solely this policy by way of this MultiCoverV endorse- for the purpose of inspection, dem- ment and have agreed in a written insured contract onstration, testing, or the substi- that this insurance is primary and non-contribu- tution of parts under instructions tory with other insurance available to that addi- from the manufacturer, and then re- tional insured, this insurance is primary and we packaged in the original container; will not seek contribution from such additional insured's other insurance. `Plus provision does not (e) Any failure to make such in- apply to other insurance to which such additional spections, adjustments, tests or ser- insured has been added as an additional insured vicing as the vendor has agreed to make or normally undertakes to 5. Waiver of Subrogation make in the usual course of busi- ness, in connection with the distnb- SECTION IV - COMMERCIAL GENERAL ution or sale of the products; LIABILITY CONDITIONS, item 8., is deleted and replaced by the following: ( Demonstration, installation, servic- ing or repair operations, except such S. Transfer of Rights of Recovery Against Oth- operations performed by the vendor ers to Us and Blanket Waiver of Subrogation '"" in full compliance with the man- Yaxe ufacturer s written instructions at the a. If the insured has rights to recover all or vendors premises in connection part of any payment we have made under with the sale of the product; this Coverage Part, those rights are transferred to us. The insured must do (g) Products which, after distribution nothing after the loss to impair those or sale by you,have been labeled or rights. At our request, the insured will relabeled or used as a container, part bring suit or transfer those rights to us or ingredient of any other thing or and help us enforce them. substance by or for the vendor; or (h) Bodily injury or property damage b. If required by a written insured contract arising out of the liability of the executed prior to the occurrence or of- vendor for its own acts or omissions fense, we waive any right of recovery we or those of its employees or anyone may have against any person or organ- else acting on its behalf. - ization named in such insured contract, because of payments we make for injury (2) This insurance does not apply to any in- or damage arising out of your operations sured person or organization from whom or your work for that person or organ- you have acquired such products or any ization. ingredient, part or container, entering into, accompanying or containing such 6. Cancellation- 120 Days v products. Common Policy Conditions endorsement IL0017, However, if an Additional Insured - Vendors A. Cancellation, item 2.b. is deleted and replaced endorsement is attached to this policy that by the following- specifically names a person or organization as an insured, then this subsection 21 does not_ b. 120 days before the,effective date of eancella- apply to that person or organization. tion if we cancel for any other reason. CG7193 12-07S Copynght 2007;pireinan's Fund Insurance Company,Novato,CA. Ali nghts,reserved �'Includes copynghtcdinatedal of Insurance Serncrs Officq tne.,wiih it;pemsiadon. Page 3 of 6 7. Liberalization b. T"he Damage To Premises Rented To You Limit shown in the Decla- SECTION IV - COMMERCIAL GENERAL rations LIABILITY CONDITIONS, the following is ad- ded as an additional.Condition: C. SLicTION IV - COMMERCIAL GEN- ' F.RAI. LIABILITY CONDITIONS, 4. '= Liberalization Other Insurance, b. Excess Insurance, (1)(a), If we adopt a change in our foams or rules which items (i) and (iii), are deleted and replaced by would broaden the coverage provided by any form the following: that is a part of this policy without an extra (i) That is Fire, Explosion, Sprinkler Leak- premium charge, the broader coverage will apply age or Lightning insurance for premises to this policy. This extension is effective upon the while rented to you, temporarily occu- _� approval of such broader coverage in your state, pied by you with permission of the owner, or managed by you under a writ- = 8. here, Explosion, Sprinkler Leakage, or Lightning ten agreement with the owner, Legal Liability Coverage A. SEC"1'IUN I - COVERAGES, COVERAGE (iii) That is insurance purchased by you to _ A BODILY INJURY AND PROPERTY cover your liability re a tenant for DAMAGE LIABILITY, 2. Exclusions, the you,prop temporarily damage to premises rented to last paragraph, is deleted and replaced by the you, rm ssio no occupied by you with following: the permission of the owner,or managed by you under a written agreement with Exclusions c, through n do not apply to the owner; or damage by fire, explosion, sprinkler leakage, D. SECTION V - DEFINITIONS, 9. Insured or lightning to premises while- Contract, item a., is deleted and replaced by 1. Rented to you; the following: 2. Temporarily occupied by you with the (a) A contract for a lease of premises. permission of the owner, or However, that portion of the contract for a lease of premises that indenunf-ies any 3. Managed by you under a written agree- person or organization for damage by merit with the owner. fire, explosion, sprinkler leakage, or lightning to premises while rented to you, A separate limit of insurance applies to this temporarily occupied by you with per- coverage as described in Section III- LIMITS mission of the owner,or managed by you OF INSURANCE. under a written agreement with the B. SECTION III - LIMITS OF INSURANCE, owner, is not an insured contract; item 6.,is deleted and replaced by the follow- 9. Damage to Invitees' Automobiles from Falling utg: Trees or Tree Limbs- Limited Coverage 6. Subject to 5. above, the Damage to This coverage applies to direct physical damage to Premises Rented To You Limit shown automobiles owned by invitees subject to all of the in the Declarations, for property damage following, to any one premises while rented to you, or in the case of damage by fire, explo- I. Provided such damage originates from trees sion, sprinkler leakage, or lightning while on premises owned,managed,leased or rented rented to you, temporarily occupied by by an insured; you with the permission of the owner, _ or managed by you under a written L Coverage applies only to mvitees of an i i= agreement with the owner, is the greater sured or an imured's tenant; of 3. Such damage is directly caused by wind-dri- ry a. $1,000,000 Any One Premises; or ven falling trees or tree limbs; C07191)2-075 Copyright 2007,Fircroan's Fund insurance Company;Novato,CA. All rights reserved- uy oincludes copyngbted inatercal of lnsura'66 SeM46'Office,inc;vnth its pernusnon. Page 4 of 6 a c. 4. The most we will pay for any one loss is the 13. Personal and Advertising Injury - Confractual lowest of: Unless personal and advertising injury is excluded a. the actual cash value of the damaged au- from this policy the following applies: tomobile as of the time of the loss; or SECTION 1 - COVERAGES, COVERAGE B, b. the cost of repairing the damaged auto- 2. Exclusions, item e , is deleted. mobile; or 14. Fellow Employee Coverage c, the cost of replacing the damaged auto- SECTION II - WHO 1S AN INSURED, 2.a., mobile with another automobile of like item (1) is deleted and replaced by the following. I kind and quality. (I) Personal and advertising injury: Regardless of the number of occurrences, losses or claims, this coverage is subject to a however, subsections (a), (b), (c) and (d) of item limit of S25,000 in any one pohcy period; (1) remain unchanged. 5. This coverage is not subject to the General 15. Bodily Injury Definition- Broadened Liability General Aggregate Limit;and SECTION V - DEFINITIONS, 3. Bodily Injury 6. We will make payments under this coverage is deleted and replaced by the following without regard to fault. Bodily injury means bodily injury, sickness or dis- 10. Non-Owned or Chartered Watercraft ease sustained by a person including death or mental anguish resulting from any of these at any SECTION I - COVERAGIS, COVERAGE A time. Mental anguish means any type of mental BODILY INJURY AND PROPERTY DAM- or emotional illness or disease. AGE LIABILITY, 2 Exclusions, item g.Aircraft, °am Auto, or Watercraft, item (2), is dcleted and re- 16. Expected or Intended Injury - Amendment to Ex- clusion IIAW placed by the following: (2) A watercraft you do not own that is: SECTION I. Coverage A Bodily Injury and Pro- perty Damage Liability, 2. EXCLUSIONS, a. Ex- (a) Less than 51 feet long;and pected or Intended Injury, is deleted and replaced by the following: (b) Not being used for public transportation a. Expected or Intended Injury or as a common carrier, 11. Chartered Aircraft Bodily injury or property damage expected or intended from the standpoint of the insured. SECTION I - COVERAGES, COVERAGE, A This exclusion does not apply to bodily injury BODILY INJURY AND PROPERTY DAM- or property damage resulting from the use of AGE LIABILITY, 2. Exclusions, g Aircraft, reasonable force to protect persons or prop- Auto Or Watercraft, item (6), is added as follows: erty. (6) An aircraft in-which you have no ownership 17. Unintentional Failure to Disctose Hazards interest and that you have chartered with crew. SECTION IV COMMERCIAL GENERAL LIABILITY CONDTI'IONS, item 6. Representa- 12, Coverage Territory-Broadened tions, the following is added: SECTION V - DEFINITIONS, item 4.a., is de- d. If you unintentionally fail to disclose any ha- leted and replaced by the following: zards existing at the inception date of this policy, we will not deny coverage under this a. The United States of America (including its Coverage Form because of such failure. l - territories and possessions), Puerto Rico, However, this provision does not affect our u=—. Canada,Bermuda,the Bahamas,The Cayman right to collect additional premium or exercise _ Islands and the British Virgin Islands; our right of cancellation or non-renewal. CC7193 12.07S t Copyright 2)97,Fireman s Fund Insiaance Company,Novato,CA. All rights re-'saved. 'r„�',�"; -t >. lncludes copynghted material of lwii aoce Semoes office,Inc,wt&its perml st6i` Page _ «- -warp.,.,.«,+. .yam- �xrsyr-.,.,v,y ...�r7W'F*•.,tr-,., �.,}.,.r. ...-. ".^-- ' IS. Supplementary Payments- Increased Limits (a) How,when and where the occurrence or offense took place; SECTION I - COVERAGES, SUPPLEMEN- TARY PAYMENTS - COVERAGES A AND (b) The names and addresses of any injured B, items Lb. mid l.d., are deleted and replaced by persons and witnesses; and the following: (e) The nature and location of any injury or �=- b. The cost of bail bonds required because of damage arising out of the occurrence or accidents or traffic law violations ansing out offense. of the use of any vehicle to which the Bodily Injury Liability Coverage applies We do not �' Non Employment Discrimination Liability have to furnish these bonds Unless personal and advertising injury is excluded d. All reasonable expenses incurred by the from this policy the following applies: insured at our request to assist us in the A. SECTION V - DEFINITIONS, 14. Personal investigation or defense of the claim or suit, and advertising injury, Rem h. is added as fol- including substantiated loss of earnings up to lows. $500 a day because of time off from work. h. Discrimination. I9 Duties in the Event of an Occurrence, Offense, Clairn or Suit - Amended B. SECTION V - DEFINITIONS, item 23. is added as follows: SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, item 2.a. is deleted 23. Discrimination means the unlawful treat- and replaced by the following ment of a person or class of persons be- cause of their specific race,color,religion, (1) You must see to it that we or any licensed gender, age, or national origin in com- agent of ours are notified of a General Liabil- parison to one or more persons who are ity occurrence or offense which may result in not members of the speed class. a claim as soon as practicable after it becomes known to: C. SECTION I - COVERAGES, COVERAGE, B PERSONAL AND ADVERTISING IN- (a) You, if you are an individual; JURY LIABILITY, 2. Exclusions, the fol- lowing are added: (b) Your partner or member, if you are a partnership or joint venture; q. Discrimination directly or indirectly re- lated to the past employment, employ- (c) Your member,if you are a limited liabil- ment or prospective employment of any ity company; person or class of persons by any insured; (d) Your executive officer if you are an or- r. Discrimination directly or indirectly re- garnzation other than a partnership,joint lated to the sale, rental, lease or sublease venture or limited liability company; or or prospective sale, rental, lease or sub- lease of any dwelling or permanent lodg- (e) Your authorized representative or insur- ing by or at the direction of any insured; ante manager. s. Discrimination, if insurance thereof is Knowledge of an occurrence or offense by prohibited by law; or persons other than those listed above does not imply that those listed above also have such t. Fines, penalties, specific performance, or knowledge, injunctions levied or imposed by a gov- L ernmental entity, governmental code, a (2) To the extent possible, notice should include: law, or statute because of discrimination. a U U `v C67193 12-07S Q §"-,'z Copyright 2007,Faemari s Fmd rnsurana Company,Novato,CA. A tt nghts xserved.%�, ,'„4 s. „r r,e,n. ^--+-L�.. '„ it . o [nOudts copynghted maicdal of Insuran6 Serncec OKoe,tnd.,with its perminion. Page 6 bf 6- 0 a .Amendment to Condition 4. Other Insurance - CG 72 53 09 05 'Policy Amendments) Commercial General Liability The following is added as a second paragraph to Sec- agreed in a written insured contract that this insurance tion IV Conditions, Condition 4. Other Insurance, fol- is primary and non-contributory with other insurance lowing paragraph b.(2): available to that additional insured, this insurance is primary and we will not seek contribution from such However, if you have added any person, organization additional insured's other insurance. This provision or vendor of yours as an additional insured to this does not apply to other insurance to which such addi- policy by way of a MultiCove&endorsement and have tional insured has been added as an additional insured. Atfil This Form must be attached to Change Endorsement when issued after the policy is written. One of the FSreman's Fund Insurance Companies as named in the policy . .w Secretary U President r�,al6t� li';�So-;44sstk�-`x c+i't5h>�Yif••., aalxs• `:'t,$U#�t. s"�I`tRUA47 '-akv-.-e,aA�'A.'� €;#.Sa��� „t'��+�'+. S�i!_`ta,eh= C07253 9-05 +S,.j. u@ Hf, _S�.ir+N7w..i+x ,.,.. .�. .3-'-...:. :a.a '�';r;.n.. 1ti+iRu"�..f :ia—_ •:a.Rcxat r-+ae^.^ �WW.hr+¢ �5'H"M14FFtlti` -A1u+•^nw vi`.'+^.'eR^'>•r�r.'RYII,,.•." .v�C+�Y, MYii^ "rkM•�� ••yypyMyyT+n Designated Construction Project(s) General Aggregate Limit GG 25 03 05 09 Policy Amendment(%) Commercial General Liability Insured: BARGHAUSEN CONSULTING ENGINEERS INC Policy Number: S 86 MZX 80938409 Producer: ARTHUR J. GALLAGHER RISK MANAG Effective Date: 02-26-12 This endorsement modifies insurance under the following: Commercial General Liability Coverage Part Schedule Designated Construction Projects Information required to complete this Schedule, if not shown above, will be shown in the Declarations A. For all stuns which the insured becomes legally expenses under Coverage C regardless of the obligated to pay as damages caused by occurrences number of: I under Section I - Coverage A, and for all medical expenses caused by accidents under Section I - a. Insureds; Coverage C, which can be attributed only to on- b. Claims made or suits brought; or 1 going operations at a single designated con- struction project shown in the Schedule above: c. Persons or organizations making claims 1. A separate Designated Construction Project or bringing suits. General Aggregate Limit applies to each des- 3. Any payments made under Coverage A for ignated construction project, and that limit is damages or under Coverage C for medical equal to the amount of the General Aggregate expenses shall reduce the Designated Con- Limit shown in the Declarations. struction Project General Aggregate Limit for that designated construction project. Such 2, The Designated Construction Project General payments shall not reduce the General Ag- Aggregate Limit is the most we will pay for gregate Limit shown in the Declarations nor the sum of all damages under Coverage A, shall they reduce any other Designated Con- except damages because of bodily injury or struction Project General Aggregate Limit for property damage included in the products- any other designated construction project completed operations hazard, and for medical shown in the Schedule above. N This Form must be attached to Change Fndorsement when issued after the policy is written. One of the Fireman's Fund Insurance Companies as named in the policy n Secretary - President ' N u CG25035.09 '1f#k4'#k .. _ ias,e _. ;aiMko-r. 0 nw�.rfca,a. [rinirance services Office,rnc.,2008 Paged f 2 0 -+z v,a.sr•dagry.urYSWya- •»+-• rrv•, »...«. •rl?.+•�aave Kr •••- -7+45' .aw 4. The limits shown in the Declarations for Each 2. Such payments shall not reduce any Desig- Occurrence, Damage To Premises Rented To nated Construction Project General Aggregate You and Medical Expense continue to apply. Limit. However, instead of being subject to the General Aggregate Limit shown in the Decla- C. When coverage for liability arising out of the rations, such limits will be subject to the ap- products-completed operations hazard is provided, pfscable Designated Construction Project any payments for damages because of bodily General Aggregate Limit. injury or property damage included in the prod- ucts-completed operations hazard will reduce the B. For all sums which the insured becomes legally Products-completed Operations Aggregate Limit, obligated to pay as damages caused by occurrences and not reduce the General Aggregate Limit nor under Section I - Coverage A, and for all medical the Designated Construction Project General Ag- expenses caused by accidents under Section I - gregate Limit. Coverage C, which cannot be attributed only to D. if the applicable designated construction project ongoing operations at a single designated con- has been abandoned, delayed, or abandoned and struction project shown in the Schedule above: then restarted, or if the authorized contracting 1. Any payments made under Coverage A for parties deviate from plans, blueprints, designs, damages or under Coverage C for medical specifications or timetables, the project will still expenses shall reduce the amount available be deemed to be the same construction project. under the General Aggregate Limit or the E. The provisions of Section III - Limits of Insurance Products-completed Operations Aggregate not otherwise modified by this endorsement shall Limit, wluchever is applicable;and continue to apply as stipulated. AM `CG25035-09 AK" �=':5�n.: ., .-wzt'r+: +^_<�'��:,p�k,+'s mdw'i;'Ta� i7 °��':xitn•rtv'k�i'�4i�a� 0 rasutancc`scrwces Office,me,2009 Pa 2 of 2 ., uuua. ...e li..x «.-�a-...+tr..<4YiP.iFniAw�.� -_... ., ,ste'y' ^f.IFS�•. -at+Ms+., y,T•�'6,y"ph•e. •.,•-vWa}+Iv,• FleetCover@ Endorsement - CA 70 18 03 10 Policy Amendment(s)Commercial Business Auto Coverage Dorm -Motor Carver Coverage Form i= s A. Broadened Named Insured as an Insured under any other automobile li- abilitySection IT - Liability Coverage, A. Coverage, 1. insurance policy whose limits of insur- ance have been exhausted or whose insurer Who Is An Insured, the following is added: has become insolvent. Any organization you own on the inception of this B Broadened Who Is an Insured policy, or newly acquire or form during the policy period, and over which you maintain during the 1 Form CA0001 (if attached to this policy), policy penod, majority ownership or majority in- Section II- Liability Coverage, I Who Is An terest will quald'y as a Named Insured if: Insured, item b(2) is deleted, and d. is added — as follows: (1) There is no other similar insurance available to that organization;and d. Your employee while using with your permission his owned auto, or an auto (2) The first Named Insured shown in the Dec- owned by a member of his or her house- larations of this policy has the responsibility hold, in your business or your personal of placing insurance for that organization;and affairs, provided you do not own,hire or (3) The organization is incorporated or organized borrow that auto. under the laws of the United States of Amer- 2. Form CA0020 (if attached to this policy), ica. Section II- Liability Coverage, 1. Who Is An However. Insured, item b(2) is deleted, and f. is added as follows: (a) Coverage under this provision is afforded only 'g until the next occurring 12 month anniversary f. Your employee or agent while using with of the beginning of the policy period shown your permission Ins owned private pas- in the Declarations, or the end of the policy senger type auto, or a private pas eager period, whichever is earlier, and type auto owned by a member of his or her household, in your business or per- (b) Coverage under this provision does not apply sonal affairs, provided you do not awn, to bodily injury or property damage that re- sults from an accident that occurred before you acquired or formed the organization;and C. Ad " onat Insured Coverage and Waiver of brogation (a) No person or organization is an insured with respect to any current or past partnership, or 1. Form CA0001 (if attached to this policy), joint venture that is not shown as a Named section II- Liability Coverage, 1. Who Is An Insured in the Declarations;and Insured, the following is added as item e.;and _ form CA0020 (if attached to this policy), z (d) Coverage under A.(I),(2) and(3) above does Section II- Liability Coverage, 1. Who Is An not apply to any organization that is covered Insured; the following is added as item g.: This Form must be attached to Change Endorsement when issued after the pohc written. ... One of the Fireman's Fund Insurance Companies as named in the policy n' - y secretary „. President ,max."—;t .. cn7018 a"to Page 1 of 7 0 , aEad}I:i;:°> 3�" :a y person or organization with respect to Medical Payments Coverage, the Medical Pay- operation, maintenance, or use, of a cov- ments Lnmt of Insurance for those autos is revised ered auto, provided that you and such person to the greater of or organization have agreed under an ex- pressed provision in a written insured contract $5,000; or or written agreement, or a written permit is- sued to you by a governmental or public au- 2• The lunit shown in the Declarations sued to add such person, organization, or E. f red Auto Physical Damage Coverage and Loss governmental or public authority to this pol- o Use Expenses icy as an insured. however, such person or organization is an rred Auto Physical Damage Coverage insured: If Physical Damage Coverage is provided by this (1) Only with respect to the operation, policy on your owned covered autos,the following maintenance, or use, of a covered auto; applies, and Any auto that you lease, hire, rent or borrow (2) Only for bodily injury or property d without a driver, will be covered under this policy age caused by an accident which es for Physical Damage Coverage, However any place after: such auto; (a) You executed t sured contract 1. Will be covered only for the same Physical ment; or Damage Coverage that applies to your owned covered autos; (b) The permit has been issued to you. 2 Will be subject to the same applicable OPON 2. Form CA0001 (if attached to this policy), deductible shown in the Declarations that Section IV - Business Auto Conditions, A. applies to your most similar owned covered Loss Conditions, item 5.; and form CA0020 auto, except any Comprehensive Coverage (if attached to this policy), Section V-Motor deductible does not apply to loss caused by Carrier Conditions,A. Loss Conditions, item fire or ligbtning; and 6, the following is added: 3. The most we will pay for any one toss in any Waiver of Subrogation one accident is the lesser of the following: If required by a: a. Actual cash value of the damaged or stolen property as of the time of the loss a.. Written insured contract or written as determined by us;or agreement executed prior to the accident; or b. The cost of repairing or replacing the damaged or stolen property with other K,e Written permit issued to you by a gov- property of like kind and quality ernmental or public authority prior to the accident In addition, we will pay costs and fees associated with such covered loss only for a maximum time we waive any right of recovery we may have period of seven days beginning with the date of against any person or organization named in loss, subject to a maximum of$500. such contract, agreement or permit, because of payments we make for injury or damage However. arising out of the ownership, maintenance or use of a covered auto. I If form CA0001 is attached to this policy, this coverage does not apply to autos you lease, D. Auto Medical Payments-Increased Limit hire, rent or borrow from any of your employees,partners(if you are a partnership), . For each covered auto described in the Deelara- members (if you are a limited hability com tions or shown in the Schedule as Having Auto pany)or members of their households; and CAMS i•lo - -'. Page 2 of 7 w ,.eati 2. If form CA0020 is attached to this policy,this Conditions, 7. Policy Period, Coverage Territory, coverage does not apply to any private pas- b.(5).(a);is replaced by the following: senger type auto you lease, hire, rent or bor. row from any member of your household,any (a) A covered auto of the private passenger type of your employees, partners (if you are a is leased, hired,rented or borrowed without a partnership), members (if you are a limited driver for a period of 180 days or less; and liability company), or agents or members of their households. G. Communication Equipment Coverage Hired Auto Loss of Use Expenses Section Form CA 0001 (if attached to this policy), Section III - Physical Damage Coverage, C. Form CA0001 (if attached to this policy), Section Limit of Insurance, Paragraph 2. is deleted III - Physical Damage Coverage, A. Coverage, 4. and replaced by the following: Coverage Extensions,b.Loss of Use Expenses;and 2. $I,500 is the most we will pay for loss in form CA0020 (if attached to this policy), Section any one accident to all electronic equip- IV - Physical Damage Coverage, A. Coverage, 4. ment that reproduces, receives or trans- Coverage Extensions, b. Loss of Use Expenses, is mits audio, visual or data signals which, deleted and replaced by the following: at the time of the toss, is: b. For Hired Auto Physical Damage,we will pay 2. Form CA0020 (if attached to this policy), expenses for which an Insured becomes legally Section IV - Physical Damage Coverage, responsible to pay for loss of use of a vehicle Limits of Insurance, Paragraph 2 is deleted rented or hired without a driver, under a and replaced by the following: written rental contract or agreement. We will pay for loss of use expenses if caused by: 2. $1,500 is the most we will pay for loss in any one accident to all electronic equip- (1) Other than collision only if the Declara- went that reproduces, receives or trans- tions indicate that Comprehensive Cov- mits audio, visual or data signals which, erage is provided for any covered auto; at the time of the loss,is, 8 (2) Speed Causes of Loss only if the 11. -Tapes, Records,CDs and DVD Coverage Declarations indicate that Specified Causes of Loss is provided for any cov- A. Under Comprehensive Coverage, we will pay ered auto;or for loss to tapes,records,discs or other similar devices used with audio, visual or data elec- (3) Collision only if the Declarations indicate tronic equipment. We will pay only if the that Collision Coverage is provided for tapes, records, discs or other similar audio, any covered auto. visual or data electronic devices: However, the most we will pay for any ex- I Are your property, or that of a family penses for loss of use is $100 per day, to a member; and maximum of$1,000 2. Are in-a covered auto at the time of a z F. Coverage Territory - Hired Auto loss. Form CA 0001, (if attached to this policy),Section B. The most we will pay for loss is $250. o' IV- Business Auto Conditions,B. General Condi- C. Physical Damage Coverage provisions apply B tions, 7. Policy Period, Coverage Territory, to this coverage, except that no deductible b_(5).(a)is replaced by the following: applies. (a) A covered auto of the private passenger type 1, Personal Effects Coverage u is leased,hired, rented or borrowed without a li driver for a period of 180 days or less; and Form CA0001 (if attached to this policy), Section III- Physical Damage Coverage, A. Coverage) 4. N Form CA0020 (if attached to this policy),Section Coverage Extensions; and form CA0020 (if at- V - Motor Carrier Conditions, B.- General- tacked 'to this policy), Section IV - Physical - �� CA7019 3-10 Page 3 of 7 m �. `p 1 .'Y •4- d. S M Damage Coverage, A. Coverage, 4. Coverage Ex- (1) We will pay only for those expenses in- tensions;item d. is added as follows: curred by you that begun 24 hours after the covered loss. d. Personal Effects Coverage We will a u to $500 for )ems for clothing (2) We will cease paying for those expenses, pay P g regardless of the policy's expiration date, items or other personal effects that are owned at the earlier of the following dates: by an insured and are in an Owned auto at the time of a covered loss. (a) The number of days reasonably re- quucd to repair or replace the cov- Personal Effects do not include audio visual or electronic devices, money, gdtcards, secu- eyed auto. If is caused theft, cities, jewelry, or tools. this number off days is addedd to the number of days it takes to locate and Tlus coverage is excess over any other collet- return the covered auto to you; or tible insurance. (b) 45 days from the data ibis coverage No deductible applies to this coverage. begins. J. Airbag Coverage (3) Our payment is limited to the lesser of the tollowing amounts:" 1. Norm CA0001 (if attached to this policy), Section III - Physical Damage Coverage, B. (a) Necessary and actual expenses in- Exclusions, 3 a.; and form CA0020 (if at- cured by you;or tached to this policy), Section IV - Physical Damage Coverage, B Exclusions, 3.a-; the (b) $1,500, following is added: (4) This coverage does not apply while there However, mechanical breakdown does not are spare or reserve autos available to you mean the unintended discharge of an aubag, for your operations. provided that any loss covered under this provision is excess over any other collectable (5) If loss results from the total theft of a insurance or warranty designed to cover such covered private passenger type auto (if unintended discharge CA0020 is attached to this policy), or a covered private passenger auto (if K. Rental Reimbursement CA0001 is attached to this policy), we Form CA0001 (if attached to this policy), Section will pay under this coverage only That III - Physical Damage Coverage, A Coverage, 4. amount of your covered rental expenses Coverage Extensions; and form CA0020 (if at- or additional transportation expenses tached to this policy), Section IV- Physical Dam- which are not already provided for under age Coverage, A. Coverage, 4. Coverage the Physical Damage Coverage Exten- Extensions;item c.is added as follows; lions. c. Rental Reimbursement or Transportation I.. Extended Towing Coverage Expenses 1. Norm CA0001 (if attached to this policy), If loss occurs to a covered auto described or Section 1H - Physical Damage Coverage, A. designated in the Declarations or Schedule Coverage, 2 Towing, is replaced by the foi- and covered for Physical Damage Coverage, lowing: u. we will pay for rental expenses for the rental � ax:x�-_t:_ w of a similar replacement auto and additional 2.,;Extended Towing .: is F transportation expenses, incurred by you. This payment applies in addition to the oth- We will pay up to $750 per disablement erwise applicable amount of each coverage-,, for towing and labor costs you incur each t , you have on the covered auto. No deductible time your covered auto is disabled. applies to this coverage However: However. P 4of7 PA*,, ecr�i S,yt tr+"i*'iF"R{r'!a!-",35 �$.'igSxt`tak3a'. .." Yk"3r•�c3 i-< .-..y - +, :r�ilFf '!� a, All labor must be performed at the under Section III-Physical Damage place of disablement;and Coverage, A. Coverage, Paragraphs 1, a-, b., or c., there is no separate b. If the covered auto is of the private deductible for the Extended T'owmg passenger type, no deductible ap- Coverage. plies; and For purposes of this coverage, disable- c. If the covered auto is not of the pri- ment means a breakdown of the covered vate passenger type, our obligation auto including mechanical breakdown, to pay will be reduced by a $250 engine failure, or tire blowout, where re- deductible per disablement. pairs cannot be made roadside and a tow d. If the covered auto is not of the pri- is required to remove the auto from the vate passenger type and the disable- roadway and to seek additional services merit results from a foss covered and repair. under Section III- Physical Damage M. Cancellation- 120 Days Notice Coverage, A. Coverage, Paragraphs 1, a, b., or c., there is no separate if we cancel this policy for any reason other than deductible for the Extended Towing nonpayment of'premium, we will mail or deliver Coverage, to the first Named Insured at the last mailing ad- dress known to us, written notice of cancellation For purposes of this coverage, disable- at least 120 days prior to the effective date of can- ment means a breakdown of the covered cellation. auto including mechanical breakdown, engine failure, or tire blowout, where re- N. Supplementary Payments-Increased Limits pairs cannot be made roadside and a tow g is required to remove the auto from the Section It - Liability Coverage, 2 Coverage Ex- roadway and to seek additional services tensions, a. Supplementary Payments, items (2) g and repair. and(4)are replaced by the following: 0 $ 2 U to $2,506 for the cost of bail bonds in- 2- Form CA0020 (if attached to this policy), ( } e1 di' bonds for related traffic law vio- Section IV - Physical Damage Coverage, A. ^ Coverage, 2.Towing- Private Passenger Au- lations) required because of an accident we tos, is replaced by the following: cover. We do not have to furnish these bonds. 2. Extended Towing (4) All reasonable expenses incurred by the We will pay up to $750 per disablement insured at our request,including substantiated for towing and labor costs you mcur each loss of eammgs up to $500 a day, because of tune your covered auto is disabled. tune off from work. However: 0. Duties in the Event of Accident, Claim, Suit or a. All labor must be performed at the . Loss- Amended z place of disablement;and Farm CA0001 (if attached to this policy) Section b. If the covered auto is of the private IV - Business Auto Conditions, A. Loss Condi- passenger type no deductible applies; lions, item 2 a, and form CA0020 (if attached to g and ibis policy) Section V- Motor Carrier Conditions, A. Loss Conditions, item 2. a; is replaced by the c. If the covered auto is not of the following: private passenger type our obligation to pay will be reduced by a $250 a. In the event of accident, claim, suit or loss, deductible per disablement. you must promptly notify us or our author- ized representative when it becomes known d. If the covered auto is not of the pri- to; N u vale passenger type and the disable- ment results from a loss covered (l) You, if you are an individual; " cnroia 3-io Page 5 of 7 m x�V a 0 (2) Your partner or member, if you are a R. Limited Mexico Coverage partnership or joint venture; WARNING (3) Your member, if you are a limited liabil- AUTO ACCIDENTS IN MEXICO ARE 5UB- ity company; JECT TO THE LAWS OF MEXICO ONLY - (4) Your executive officer if you are an or- NOT THE LAWS OF THE UNITED STATICS gan nation other than a partnership,joint OF AMERICA THE REPUBLIC OF MEX- venture or limited liability company; or ICO CONSIDERS ANY AUTO ACCIDENT A CRIMINAL OFFENSE AS WELL AS A CIVIL (5) Your authorized representative or msur- MATTER. ance manager. IN SOME CASES THE COVERAGE PRO- Knowledge of an accident, claim, suit or loss by VIDED IIERC MAY NOT BE RECOGNIZED other persons does not imply that the persons BY THE MEXICAN AUTHORITIES AND WE MAY NOT BE ALLOWED TO IMPLE- lrsted above have such knowledge. MENT 'I HIS COVERAGE AT ALL 1N Notice should include- MEXICO YOU SHOULD CONSIDER PUR- CHASING AUTO COVERAGE FROM A (1) How, when and where the accident or loss LICENSED MEXICAN INSURANCE, COM- occurred;and PANY BEFORE DRIVING IN MEXICO (Z) 'the insured's name and address;and THIS ENDORSEMENT DOES NOT APPLY I'O ACCIDENTS OR LOSSES WHICH OC- (3) To the extent possible,the names and address CUR OUTSIDE OF 25 MILES FROM THE of any injured persons and witnesses. BORDER OF THE UNITED STATES OF AMERICA. W P, Unintentional Failure to Disclose Hazards Form CA0001 (if attached to this policy), Section Form CA0001 (if attached to this policy), Section IV-Business Auto Conditions,B. General Condi- IV-Business Auto Conditions, B. General Condi- tions, item T; and form CA0020 (if attached to this item 2.; and form CA0020 (if attached to this policy), Section Motor Carrier Condi- ltc tions, B General Conditions, item 7.; the follow- this policy),y),Section V-Motor Carrier Conditions, ing is added: B. General Conditions, item 2.; the following is added. The coverage territory is extended to include Mexico,but only: I lowever,if you unintentionally fad to disclose any hazards existing at the inception date of this policy, a. For accidents or losses occurring within 25 we will not deny coverage under this Coverage miles of the United States border, and Form because of such failure This provision does not affect our right to collect additional premium b. For trips into Mexico of 10 days or less; and or exercise our right of cancellation or non-rene- c, If the covered auto is principally garaged and wal. - principally used in the United States; and Q. Fellow Eiitployee Coverage d. If the insured is a resident of the United Section II- Liability Coverage, B. Exclusions, 5. States, Fellow Employee, the following is added: If a loss to a covered auto occurs in Mexico, we pay for such Toss in the United States. If the cov- However, this exclusion does not apply if the ered auto must be repaired in Mexico in order to bodily injury results from the use of a covered be driven,we will not pay for more than the actual auto you own or hire, and provided that any cov- cash value of such loss as determined by us at the " erage under this provision only applies in excess nearest United States point where the repairs can over any other collectible insurance. be made. enrols sao r �� a( Page 6 of 7+x -Waal. Any insurance provided under this provision will we will pay the greater of: be excess over any other collectible insurance. T (a) The actual cash value, as determined by S. Extended Glass Coverage us, of the damaged or stolen property as Form CA0001 (if attached to this policy), Section of the time of the total Ions;or III - Physical Damage Coverage, A Coverage, (b) The outstanding indebtedness under the item 3 a.; and form CA0020 (if attached to this initial finance agreement for the covered policy), Section IV - Physical Damage Coverage, auto and its equipment. A. Coverage, item 3 a; is replaced by the follow- mg: As used here, outstanding indebtedness means the amount you owe on the finance agree- _— a. Glass breakage. If glass must be replaced,the ment at the time of total loss: deductible will be $100 or the deductible shown in the Declarations, whichever is less. (i) Less any amounts representing taxes, If glass can be repaired and is actually repaired overdue payments, penalties, interest, or rather than replaced, the deductible will be charges resulting from overdue payments, waived. You have the option of having the additional mileage, excess wear and tear, glass repaired rather than replaced, or lease termination fees;and T. Broadened Definition of Bodily Injury (ii) Less any admimstrative costs or overhead fees assessed by the finance company Forth CA0001 (if attached to this policy), Section who has leased the covered auto to you; V- Definitions,item C.; and Form CA0020(if at- and tached to this policy), SECTION VI - DEFI- (Hi) Less security deposits not returned by the NITIONS,item C;is replaced by the following: lessor; and m o C. Bodily Injury means bodily injury, sickness (iv) Less costs for extended warranties,Credit g or disease sustained by a person including Life Insurance, health, Accident or Dis- 8 death or mental anguish resulting from any ability Insurance purchased with the loan of these at any time. Mental anguish means any type of mental or emotional illness or di- or least; and sease. (v) Less carry-over balances from previous U. Customer Lease or Loan Physical Damage Cover- loans or]cases. age Extension V Two or More Deductibles Form CA0001 (if attached to this policy), Section Section III - Physical Damage Coverage, D. De- III- Physical Damage Coverage, C. Limit Of In- ductible,the following is added. surance, and form CA0020 (if attached to this policy), Section IV - Physical Damage Coverage, If another Fireman s Fund Insurance Company C.Limits Of Insurance;item S.is added as follows, policy or coverage form that is not an automobile policy or coverage fora, applies to the same =I- z 5. If your covered owned auto is: dent or loss,the following applies- (1) Shown in the Schedule and designated (1) If the deductible under this Business Auto as covered for Physical. Damage Cover- Coverage Form is the lesser of (or least) de- age,and ductible,it will be waived. u , (2) Shown in this policy as having a loss (2) If the deductible under this Business Auto apayee or additional-insured-lessor;and Coverage Form is not the lesser, (or least)de- ductible, it will be reduced by the amount of (3) Incurs a covered total loss; the lesser(or least)deductible. yy y �p Cn7ots 3.10 Page 7 of 7