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HomeMy WebLinkAboutPW12-209 - Amendment - #2 - Barghausen Consulting Engineers, Inc. - Stormwater Design Comparative Analysis - 12/27/2012 Lh T Records Managernent-, WASH,„G,.J„ ENNP, Document 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: JD Edwards Number Contract Number: PW I a- ao9 This is assigned by City Clerk's Office Project Name: Stormwater Design Comparative Analysis Description: ❑ Interlocal Agreement ❑ Change Order ® Amendment ❑ Contract ❑ Other: Contract Effective Date: 12/27/12Termination Date: 12/31/13 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Shawn Gilbertson Department: Engineering Detail: (i.e. address, location, parcel number, tax id, etc.): Extend the time of completion to December_31,_2013. S•Publfc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 L , KENT W/.S MI N0TON AMENDMENT NO. 2 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: The scope of work remains the same, however an amendment is needed to extend the time of completion to December 31, 2013 due to a delay in receiving updated modeling software from the WA Department of Ecology. 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 12/31/12 prior Amendments (insert date) Add'I Days Required for this 365 calendar days Amendment Revised Time for Completion 12/31/13 (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: �. B By: y: (signature) +gnature) Print Name: Daniel K Balmelli, P E Print Name: Timothy J. LaPorte, P.E. Its Executive Vice President Its Public Works Director (title) (t+Ve) DATE: December 26, 2012 DATE; (2 2 7 APPROVED AS TO FORM: (applfcabfe if Mayor's signature required) Kent Law Department Barphausen-Compara[Ive Analysis Amn 7JGdoemon AMENDMENT - 2 OF 2 i ATE D0D 2W) CERTIFICATE OF LIABILITY INSURANCE 10/04/2 CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS rIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BtLOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) PRODUCER 1-425-454-3386 NAME.CONTACT Gail Scott Arthur J. Gallagher Risk Management Services, Inc. PHONE o Ext 425-5B6-1031 Aic No• 425-451-3716 P.O. Box 367 E-MAIL ail_scott®ajg.cem ADDRESS 5 INSURERS)AFFORDING COVERAGE NAIC 0 Bellevue, WA 98009-0367 WSURER A NATIONAL SURETY CORP 21881 INSURED INSURER B- Barghausen Consulting Engineers, Inc. INSURER C 18215 - 72nd Avenue South INSURERD: Kent, WA 98032-1006 NSURERE: _ 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. ILTR TYPE OF INSURANCE ADDLSUBR POLICY EFF POLICY EXP g WV POLICY NUMBER it DD/YYYY iyur YY LIMITS A GENERALLIASILITY MZX80938409 02/26/1 02/26/3.3 EACH OCCURRENCE $2,000,000 X DAMAGE TOREN'TED 1,000,000 COMMERCIAL GENERAL LIABILITY PREMISES Ea occurtence $ CLAIMS-MADE MOCCUR MED EXP(Any one person) $5,000 X Contractual Liab.Inol. PERSONAL&ADV INJURY $2,000,000 GENERAL AGGREGATE $2,000,000 '�N'L AGGREGATE LIMITAPPLIES PER PRODUCTS•COMP/OP AGO $2,000,000 POLICY X PRO-E.T LOC $ aTOMOBILE LIABILITY XZX80938409 02 26 1 02 26 13 COMBINED SINGLE LIMIT 1,000,000 Ea accident ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS $ NHIRED AUTOS NON-OWNED PROPERTY DAMAGE AUTOS Par UMB RELLA LIAB HOCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS MACE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION 02/26/13 WC STATU- OTH- A MZX80938409 Stop Gap On1 02/26/1 YLIM AND EMPLOYERS'LIABILITY EEL ANY PROPRIETOR/PARTNERIEXECUTIVE YIN EL EACH ACCIDENT $ 1,000,000 OFFICERIMEMBER EXCLUDED? NIA (Mandatory In NH) EL DISEASE-EA EMPLOYEE $ 1,000,000 Ifyes,describe under DESCRIPTION OF OPERATIONS below EL DISEASE•POLICY LIMIT $ 1,000,00D DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(Attach ACORD ID1,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 (GL A/I Endts #CG2026 and CO2037) as respects operations of the Named Insured. Primary & 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. A1( incy Yoshitake 40,-rast Gowe AUTHORIZED REPRESENTATIVE Kent, WA 98032 a O'8A ©1988.2010FACORD CORPORATION All rights reserved. ACORD 25(2010105) Tft ACORD name and logo are registered marks of ACORD lathabe A� CERTIFICATE OF LIABILITY INSURANCE D10/04 D0f12 10/04/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS( 1 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. rBarghausen RTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to rms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the cate holder in lieu of such endorsement(s) R 1-425-454-3386 CONTACT Gail Scott NAM E• S. Gallagher Risk Management Services, Inc. PHONE 425-586-1031 aC No. 425-451-3716 ox 367 E-MAIL ai1_scott0a com ADDRESS 4 jg• e, WA 98009-0367 INSURERS AFFORDING COVERAGE NAJC# INSURERA: TRAVELERS CAS & SURETY CO 19038 INSURER B: sen Consulting Engineers, Inc. INSURERc• 72nd Avenue South INSURER Rent, 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 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 ADDLSUBR POLICY EFF POLICY IXP LTR TYPE OF INSURANCE INSR WVD POUCYNUMBER MM/DD MM/DD/YYYYI LIMITS GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TC RENTED COMMERCIAL GEN ERAL LIABILITY PREMISES Ea occurrence $ CLAIMS-MADE ❑OCCUR MED EXP(Any one Person) $ PERSONAL&ACV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMITAPPLIES PER PRODUCTS-COMP/OP AGG $ M'POLICY jE� LOC $ \ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT !Ea accident ANYAUTO BODILY INJURY(Per Person) $ ALLOWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ AUTOS UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ LIED I I RETENTION$ I is WORKERS COMPENSATION WC STATU- I OTH• AND EMPLOYERS'LIABILITY LIMITS _ R ANY PROPRIETOR/PARTNER/EXECUTIVE I E L EACH ACCIDENT $ OFFICER/MEMSER EXCLUDED7 NIA (Mandatory In NH) EL DISEASE-EA EMPLOYEd 3 If yes,describe under DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT $ A Professional Liability 105243694 02/26/1 02/26/13 Per Claim Limit 1,000,000 Claims Made Policy Aggregate - 2,000,000 Retention 100,000 DESCRIPTION OF OPERATIONS/LOCATIONS]VEHICLES (Attach ACORD1oi,Addihon Bl Remarks5chedule,Ifinaiespacelsrequired) ' -- -"•`^""• - - " ~ -- - ' Evidence of Insurance. 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. Attn: Nancy Yoshitake 400 Weal; Go We - - - AUTtiORIZED REPRESENTATIVE-" - ''�,•� - - Kant, WA 98032 �'Iq�.•,r�Gu,c^•.� (! � USA 01988-2010 ACORD CORPORATION All rights'reserved.' ACORD 25(2010105) The ACORD name and logo are registered nI of AdORD lathabe - - POIACY NUMBER s 86 MZX 80938409 NAMED INSURED _ BARGHAUSEN CONSULTING ENGINEERS INC PORTFOLIO POLICY (R) GE4)ERA! LIABILITY DEClARATIOtdS Insurance is provided only for those Coverages, Limits of Liability and Endorsements shown below. Coverages Licmite of Liability COMMERCIAL GENERAL LIABILITY COVERAGE PART �— GENERAL AGGREGATE LIMIT (Other Than Products - 42,000,000 Completed Operations) PRODUCTS - COMPLETED OPERATIONS AGGREGATE LIMIT $2,000,000 PERSONAL & ADVERTISING INJURY LIMIT *21000,060 EACH OCCURRENCE LIMIT 02,009,000 DAMAGE TO PREMISES RENTED TO YOU LIMIT ANY ONE PREMISES 0100,000 MEDICAL EXPENSE LIMIT ANY ONE PERSON 55,000 EMPLOYEE BENEFITS ADMINISTRATION ERRORS AND OMISSIONS INSURANCE AGGREGATE LIMIT 51,000,000 EACH EMPLOYEE LIMIT 51,000,000 The audit period shall be ANNUAL GENERAL LIABILITY ENDORSEMENT(S) EXCLUSION - ENGINEERS, ARCHITECTS OR SURVEYORS PROFESSIONAL LIABILITY ,,. . CCG 22`4.3 b7 98)` " - COMPLETE ASBESTOS EXCLUSION CCG 70 43 12'921 w - EMPLOYEE BENEFITS ADMINISTRATION ERRORS AND OMISSIONS INSURANCE S (EB 70 00 12 97) ULTICOVER'='WITHOUT MEDICAL 0AYMENTS (CG 7i-9-3-12 b7 S) ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS— COMPLETED (OPERATIONS CG 20 37 07 04) GL 1 POLICY NUMBER S 86 MZX B0938409 NAMED INSURED BARGHAUSEN CONSULTING ENGINEERS INC PORTFOLIO POLICY (R) COMMERCIAL GENERAL LIABILITY DECLARATIONS (continued) GENERAL LIABILITY ENDORSEMENT(S) (Continued) AMENDMENT TO CONDITION 4. OTHER INSURANCE CCG 72 53 09 05) PERSONAL AND ADVERTISING INJURY HAZARD REDEFINED CCG 72 75 06 07) RECORDING AND DISTRIBUTION OF MATERIAL OR INFORMATION IN VIOLATION OF LAW EXCLUSION (CO 00 68 05 09) SUPPLEMENTARY STATE ENDORSEMENT(S) CALIFORNIA CALIFORNIA CHANGES (CG 32 34 01 05) r WASHINGTON WASHINGTON CHANGES (CS 01 81 05 08) WASHINGTON CHANGES - EMPLOYMENT CCG 01 97 12 07) FUNGI OR B IA EXCLUSION - WASHINUT Cr 72 78 O4 08) ITIONAL INSURED-DESIGNATED PERSON OR ORGANIZATION (CG 20 26 07 04) C82026 0704 SCHEDULE NAME OF ADDITIONAL INSURED PERSON(S) OR ORGANIZATIONCS) "BLANKET WHERE REQUIRED BY WRITTEN CONTRACT" ADDITION A DR_CONTRACTORS- COMPLE7ED OPERATIONS-CCG 20 37 07 04) C62037 0704 SCHEDULE NAME-OF ADBITION"AL INSURED PER'Sd`N(S1 OR ORGANIZATIONS) RBLANKET WHERE REQUIRED BY WRITTEN CONTRACT" - - --- GL - 2 Additional Insured - Designated Person or Organization - CG 20 26 07 04 Policy Amendments) Commercial General Liability Insured:BARGRAUSEN 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 Nance Of Additional Insured Persons) Or Organization(s) (If no entry appears above, information required to complete this Endorsement will be shown in the Declarations as applicable to this Endorsement.) Section H - Wh6 Is An Insured is amended to include A. In the performance of your ongoing operations; as an additional insured the persons)or organizations) or shown in the Schedule,but only with respect to liability for bodily injury, property daratage or personal and ad- B. In cormection with your premises owned by or vertising injury caused, in whole or in part,by your acts rented to you. or omissions or the acts or omissions of those acting on your behalf This Farm must be attached to Change Endorsement when Issued after the policy is written. �..n. ••a. One of the Fireman's Fund Insurance C6rtpanles as named in rho policy _ SecrY etar -• - Presideni CG2o26 ZUi . Copyrlghy t30 Properties,Cne_,2004 , Additional Insured - Owners, Lessees or Contractors - Completed Operations - CG 20 37 07 04 Policy Amendments) Commercial General Liability ® Insured: BARGHAUSEN CONSULTING ENGINEERS INC Policy Number: S 85 MZX 80938409 Producer. ARTHUR J. GALLAGHER RISK MANAG Efrective Date: O2-26-12 1; This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part Schedule :Name Of Additional Insured Person(s) Location A Ad Description Of Or Organization(s) Completed Operations (lf no entry appears above, information required to complete this Endorsement will be shown in the Declarations as applicable to this Endorsement.) Saeti(>A II- Who Is An Insured is amended to include or in part, by your work at the Iocation designated and as an additional insured the persons)or organiration(s) described in 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 Farm must be attached to Change Endorsement when Issued after the policy is written. , One of the iremm's rand Insurance Conpa-ries as named in the policy - Secretary - President =- t _. Copyright,I50,Pxoperdea,inc.,2fA74 , r ­'MuffiCovery - Without Medical Payments - CG 710 12 47 Policy Amendment(s) 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 Named Insured you acquired or formed the organ- ization A. SECTION II -.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 re person h organization is current or past an insured with or form during the policy period, and respect to thee conduct of an 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 11 - WHO IS AN INSURED, sub- the Declarations has the responsi- section 2.e., is added as follows: bihty of placing insurance for that i organization; and e. Any person or organization is included as an + additional insured,but only to the extent such c. That organization is incorporated or person or organization is held liable for organized under the laws of the "ly injury,property damage or personaland United States of Amerim 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 lasured contract ginning of the policy period shown that such persoxt or organization be ad- iri the Declarations,oz the Hid 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�bod7y personal and advertising injury for which wjfriy''or' psroperty�-damage,'-that " - ` said person or organisation is hi ld liable occurred before you acquired or occurs subsequent to the execution of foinoed the organization;and - 'sttch irssiipedcont i0f, This Form must be attached to Change Endorsement when issued after the poky is written. One of the Flmman's Fund Insiir nee Companies®as named in-the policy - - ... �5 - v v.yt CG7193 12-D7s Copyright 2067,Fin;mm-s 6 d insurance Company,Novatd CA, All rights rcserye& Includes c9pypghted material of Inaixance ServiaSf?ffcc,,lne„'v'dtfi ttc peir+vs9o`n. - Page: 1 OC 6- t (3) The most we will pay is the lesser of (c) Which takes place after that portion 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 ance 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 prin- cipal as part of the same project; (a) Their ownership, maintenance, or 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 lease to to you, except such person or or- which (4)(d) above applies; ganization is not an insured with re- spect to structural alterations, new (6) With respect to architects, engineers or 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; song] 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 strac- drawings, opinions,reports,surveys, tural alterations, new construction field orders, change ciders, or draw- or demolition operations performed ings and specifications; by or on behalf of such person or organization; (b) Supervisory, inspection, arcHtec- tural, or engineering services. (d) The maintenance, operation or use by you of equipment leased to you However, n an Additional Insured endorsement is by such person or organization; attached to this policy that specifically naives 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 slate or organization. , political subdivision has issued a permit,provided such operations are 3. Additional Insured-Vendors not performed for such state or pol- Unless the products-completed operations hazard itieal subdivision, an are not in- is excluded frbm thispolicy, SRCT10?, It -WfiO cluded within the redacts-cant leted P p 1S AN INSURED, item 21 is added as follows: operations hazard; C. Any vendor of yours is included as an addi- (5)- This instance does not apply to bodily - „ . tional insured but only,with res „ct tQ bodily injury, property' damage, personal and incur r ._ Y „use injury or property damage caused by your arlt enticing injury, bceurredee or offense: products which are distributed or sold in the regular course of the vendor's business, sub- (a) Which takes, place at a particular ject to the fo`1owing additional exclusions: premises after you cease to be a tenant of that premises; (l) The insurance afforded the vendor does { not apply fo:- - 1 (b) Which takes place after all work, in- -: - cl iding' matenals, faits-or`equip-- (a)= Bodily injury or properfy;dairiage for s - -i :�., went fiiTiushed iri connection with which the vendor rs obligated t`o pay such work to be performed by or on damages by reason of the assump- bicbaff of the additional in`stired at tion' of fiability`in" a cbiatract or 4_ the site of_the covered operations,"_. agreement.- This exclusion does not. has hzen completed; apply to liability,for damages that CG7193 12-07s c4r'Ai 2007,F1rmnan s Fand irsarznce Corajia:ty;l oVatp,CA. AII_n jhL;,resrv8d - p e'2 Of 6 [ndudes cOpyn&S z3 Rx4naf of taco ince servtecs O(Lce ine,oath Its ergvsson ag_ t the vendor would have in the ab- 4. Additional Insured - Limited Primary and Non- � sense of the contract or agreement; coirtrilrutory Provision (b) Any express warranty unauthorized The following is added as a second paragraph to by you; Section IV Conditions, Condition 4. Other Insur- (c) Any physical or chemical change in ante, following paragraph b.(2): the product made intentionally by However, if you have added any person, orgamm- the vendor, tion or vendor of yours as an additional insured to (d) Repackaging,unless unpacked solely this policy by way of this MultiCover� 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. This 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 S. Waiver of Subrogation make in the usual course of busi- ness, in connection with the distrib- SECTION IV - COMMERCIAL GENF,RAL 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 8. Transfer of Rights of Recovery Against Oth- operations performed by the vendor ers to Us and Blanket Waiver of Subrogation In full comphance with the man- ufacturer's written instructions at the a. If the insured has rights to recover all or vendor's 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 �) BodilyInjury or property damage b. If required by a written insured contract 1 p y executed prior to the occurrence or of- vendor v out of the liability of the fense, we waive any right of recovery we - -- vendor for its own acts or o,-nissions - or those of its employees or anyone may have against any person or organ- '9 i-n ^- _; ization•named in such insured contract - - -•r:::.-.=„--.__-~', else acting on its-behaI£-. . - - _ _ - . - because of payments we make for injury -(2)- This insurance does not apply to any in; or damage arising out of your operation`s - sured person•or organization from whom or your work for that person or organ- you have acquired-such products or any izatidn. ingredient, part frr container, entering into, acoompanying,or containing such 6 Cancellation,-"120Days, Common Poliey.Conditions endorsement IJ t1017;;-r Howevex;if an Additional Insured --Vendors° `?. A: Cancellation;item 2.b`-is deleted and "replaced , 4idor,ement is aitaclied'to this policy that by the fblIowing. _ "specificaily names a person or organization as an insured-then,this subsection 2.f, does_not .. b_ l2Q days before the effective_date_of can lla- �^r apply to that person or organization. tion if we cancel for any other reason. CG7I9312.07S , - CoFYt?$if 2DD7;Firiman s Fund Insurance Company,Noygo,CA�All tights rescivec� ``" 6 10R�materkd of insurance Semn es quite;Lic,witti i6-ptM's-lon. - ,Paj 3 of 6-- ' 7. Liberalization b. The Damage To Premises Rented - To You Limit shown in the Decla- SECTION IV - COMMERCIAL GENERAL rations. LIABILITX CO 1AITIONS, the following is ad- ded as an additional Condition: C. SECTION IV - COMMERCIAL GEN- ERAL , LIABILITY CONDITIONS, 4. Liberalization (1)(a), Other Insurance, b. I'xcess Insurance, If we adopt a change in our forms or rules which items (i) and (iii), are deleted and replaced by - the following:- would broaden the coverage provided by any form 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 s� owner, or 8. Fire, Fxplosiou, Sprinkler Leakage, or Lightning Legal Liability Coverage ten agreement with managed you under a wrii- t the owner,h A. SECTION I-COVERAGES, COVERAGE (iii) That is insurance purchased by you to cover your liability as a tenant for A BODILY INJURY AND PROPERTY D property damage to premises rented to DAMAGE LIABILITY, 2. Fxclusions, the last paragraph,is deleted and replaced by the you, temporarily occupied by you with following: the permission of the owner,or managed g by you under a written agreement with Exclusions e, 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 indemnifies any 3. Managed by you under a written agree- person or organization for damage,by ment 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- LIMPI'S mission of the owner,or managed by you OF INSURANCE-'-'-' - under a written ageeement with the D. SECTION III -LIMITS OF INSURANCE, owner, is not an fissured contract; ifefn 6.-1 is deleted and replaced by the follow- g, Damage to Invitees' Automobiles from Failing sn _ Tree Limbs- Lirnited Coverage g� Tree or Tr 6. Subject to S. above, the Damage to This coverage applies physicallies to direct damn to Frerhises Rented To You Limit shown - -- . _ automobiles owned by invitees subject to all:,of the in the Declara€ions, for property damage foLlawing: to ai} one premises while rented to you, or in the case of damage b" fire, explo- J. Provided such damage originates from trees Sion s riakler leak e o lightning while > > A „. 1? x on premises owried,managed,Ieased or rented .. _ ° -.. rented io you, temparariiy occupied by'� b an insured;`perinisszo---of-tlieo -_-- - y - or managed-by you under a written 2_` Coverage applies' Q.-id to iiivitees 'of�an'in- ' agreement with the owner, is the greater sured or an insured's tenant; .. Such damage is directly caused by wind-dr_i_: ; r a. $I,000,000 Any One'Pre_mises;or ven falling trees or tree Iimbs; Cd7193 12.075 „„_ .,z Cc0yrg- 2007 Pi-d aa's_gw d ru vanee Comp�zy,VOv2fA,CA.:a31 ngh s reserved. P�4 Of 6 tnelude5-Cop"yrsghL rr AerQI of tr5saraitce 3ett4acS Office,[nc;wYh i�pErmus:-�on. t , . , a 1 4, The most we will pay for any one loss is the 13. Personal and Advertising Injury- Contractual lowest ofa 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 repa]r]ng 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 - Wl-IO IS AN INSURED, 2.a., mobile with another automobile of Re item(1)is deleted and replaced by the following. kind and quality. (1) 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 Emit of$25,000 in any one policy 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 - DEF]NI'1'IONS, 3. Bodily Injury 6. We will make payments under this coverage is deleted and replaced by the following: without regard to fault. Bodily it m' 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 - COVERAGES, COVERAGE A time. Mental anguish means any type of mental BODILY INJURY AND PROPERTY DAM- or emotional illness or disease. I AGE LIABILITY, 2. Exclusions, item g.Aircraft, Auto, or Watercrafi, item (2), is deleted and re- 16. Expected or Intended Injury - Amendment to Ex - Auto, by the following: clras'on 2 A watercraft you do not own that is: SECTION I. Coverage A Bodily Injury and Pro- ( ) Y perty Damage Liability,2. EXCLUSIONS, a. Ex- (a) Less than 51 feet long,and petted 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; 1]. Chartered Aircraft Bodily injury or prolxrty 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 pragerty damage resulting Lom 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: . (6) An-aircraft-in-which you have nn ownership 17. Unintentional Failure to Disclose Hazards interest and that you have chartered with crew. SECTION-IV, ,-, COMMERCIAL,GENERAL LIABILITY CONDTTIONS, item 6. Repr`esenta- 12. Coverage Terretory-Broadened lions,the following is added: SECTION V - DEFINITIONS, item 4.a., is de- d. If you unintentionally fail to disclose any ha- ]eted and replac i liy the f646wing '"`; ' zar"ds"existing—at the inception date of'this -- -- _ lit we will not overage'under this to The United States of America (including its Coverage Form because of such failure. - tem'torie's'-;arld<possessions), Puerto-Rico, however, this provision does not affect our Canada;Bermuda,the Bahamas;The Cayman right to collect additional premium or exercise _ Islands and the 143ritfsh Virgin Islands; our right of cancellation or non-renewal. CG719312-07S„ - Copyigh$2b07,Ftrornan�s Fm d Ins6rarice Company;?Iovs qC All rights reserved. +G P e 5 of 6 Includes eopyng�x[edinat`e'tizl of InsurBtiCC S6igces Off-tie,fnc._will its p'ermiinoe - a - l 18. 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 l.b. and 14, are deleted and replaced by persons and witnesses;and the following: (c) 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 arising out offense. of the use of any vehicle to which the Bodily 20 Non Employment Discrimination Liability Injury Liability Coverage applies. We do not have to famish these bonds. Unless yersonal 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, item h.is added as fol- including substantiated loss of earnings up to lows: $500 a day because of time off from work. ®_ h. Discrimination. 19. Duties in the Event of an Occurrence, Offense, Clash 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: anent of a person or class of persons be- cause of their specific race,color,religion, (I) 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- parlson to one or more persons who are ity occurrence or offense which may result in not members of the specified 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. Diseriminatlon 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 m- gani>ation other than a partnership,joint lated to the sale, rental, lease or sublease venture or limited Fabilsty company;or or prospective sale, rental, lease or sub- lease of any dwelling or permanent lodg- (e) -Your authorized representative or insur< =irig by or at the direction of any insured; ante*hanger. . _ - . 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- ;. effifnental entity, ,gaverni iifital_code, (2) To the extent possible,notice should include: 1a4, or statute because of dliseruninat_ion, CG7193 12-075 -t= Copyript 200,FSrernads Egad rasuhnce Company,Xqg i o;CA:'Ail rights rcmrvcd.Includes eopyngtied - ` " Pa- a i ]f f • d S —.--Amendment to Condition 4. Other Insurance -[ GG 72 53 09 05 'Policy Amendment(s) Commercial General Liability koo 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 MultiCover0 endorsement and have tional insured has been added as an additional insured. ,yea i ;. t This Form must be aW-ched to Change Eodorsement when issued after the policy is written. ` One of the Fireman's Fund insurance compwraes as named in,&poBcy _ � _ •_bu�._ T • 4i�a le[ _ .�T.•eF-/_F{�F - v l -.iC'. .S.a t --• [- -• . 10 seoretary t^ CQ 7253 9-65 - - - - - Designated Construction Project(s) General Aggregate Limit GG 25 03 05 09 Policy Amendment(s) Commercial General Liability Insured:BARGfiAUSEN CONSULTING ENGINEERS INC Policy Number. S 86 MZX 80938409 Producer: ARTHUR J. GALLAGHER RISK HANAG 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 sums which the insured becomes legally expenses under Coverage C regardless of the obligated to pay as damage's caused by occurrences number of i t under Section I - Coverage A, and for all medical expenses caused by accidents under Section I - a. Insureds; 7 Coverage C, which can be attributed only to on- going operations at a single designated con- b• Claims made or suits brought; or ! struction project shown in the Schedule above: e. 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- Unit 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 Con7�4 - except damages because of bociA ingury 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. This Form must be attached to Change Endorsement when issued after the policy is written. 91 d One of the Fireman's Fund Insurance Companies as named in the policy Secetary F! • CCW03 5,09, E s - Q tnswancc Services Mute,fn Pc,,2008, " ' ag,,l of 2 r , 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 s, such limits will be subject to the ap- products-easrnple[ed operations hazard is provided, rations, Designated Construction Project any payments for damages because of bodily plicabGeneral Aggregate Ilim 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 far medical specifications or timetables, the project will still be deemed to be the same construction project. expenses shall reduce the amount available 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, whichever is applicable;and continue to apply as stipulated. IP^^ lR CO2503 5 69..:.C.•r' C�G viei ce 5ci�ties Q�&ee me,2D08 Page 2€5f 2 FleetCover® Endorsement - CA. 70 18 03 10 Policy Amendment(s)Commercial Business Auto Coverage Dorm- Motor Carrier Coverage Form A. Broadened Named Insured as an insured under any other automabfle li- ability insurance policy whose limits of insur- ance Sectiau II - Liability Coverage, A. Coverage, ]. have been exhausted or whose insurer Who Is An Insured, the following is added: has became insolvent. Any organization you own on the inception of this B. Broadened Who Is an lunsured 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 period, majority ownership or majority in- ' Section H-Liability Coverage, 1. Who Is An -T terest will qualify 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 (2) The first Named Insured shown in the Dec- permission his owned auto, or an auto 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 poUcy), ica Section II-Liability Coverage, I. Who Is An u However. Insured, item b.(2) is deleted, and f. is added as follows: (a) Coverage under this provision is afforded only 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 his owned private gas in the Declarations, or the end of the policy senger type auto, or a private.ra_ssmger period whichever is earlier;and type auto owned by a member of his or her household, in your business or per- (h) Coverage under this provision does not apply sonal affairs, provided you do not awn, to bodily injury or property damage that re- hire - rrow sults from an accident that occurred before you acquired or formed the organization; and C. Ad ' onal Insured Coverage and Waiver IA lbro�ation - (c) No person or organization is an insured with respect to any current or past partnership, or I. Form CA600] (if attached to this policy), joint venture that is not shown as a Named Section Il-Liability Coverage, 1. Who Is An a ...: Insured in The Declarations;and Insured, the following is added as item e.;and form°C-AOD20%(ifattachedto" this•policy), -' - (d) Coverage under A(1), (2) and(3)above does Section Il-Liability Coverage, I. Who Is An not apply to any organization that is covered Insuied; the following is added as item g,: ' ' 'Phis Form must be`attached to Change Endorsement when issued after the poke written. One of the Fireman's Fund rosy m Companies as named in the policy _ -- t • I �v Secretary President "r N o� - CA70I8 3.1D y person or organization with respect to Medical Payments Coverage, the Medical Pay- e operation, maintenance, or use, of a cov- menis Limit of Insurance for those autos is revised Bred auto, provided that you and such person to the greater of: or organization have agreed under an ex- pFessed provision in a written insured contract $5,000;or or written agreement, or a written permit is- 2 The limit shown in the Declarations sued to you by a governmental or public au- thority, to add such person, organization, or H. -p 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 fired Auto Physical Damage Coverage lnsured: 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 Onlyfor bodilyinjury or ra t d without a driver, will be covered under this policy ( ) n l P Y _ for Physical Damage Coverage. However any age caused by an accident which es such auto: place after. (a) You executed t sured contract 1. Will be covered only for the same Physical went; 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 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 foss caused by Carrier Conditions,A. Loss Conditions, item fire or lightning; and 6.;the following is added; 3. The most we will pay for any one loss 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 aecldent; or b. The cost of repar- 9 or replacing the damaged or stolen property with other _b, Written permit issued to,you-by a gay_ Properiy,oflike kind and qualrty. _ ernniental ar gublic authonty prmr to the In addition, we will gay costs and fees associated svitfi sucli covered loss ohly for a maximum time we waive any right of recovery we may have period of seven days beginning with the date of againit any person or organizatimi named in Ions, subject to a maximum of sueli contract, agreement of permit, because of'payriteats we make for injury or.damage however ,;'._ arising out of the ownership, maintenance or ^'`" ''- use of a coVeiud auto, I,,,-_If form CA0001,is attached to.this policy, coverage does not apply to"au_tos you lease, ,.- Y?. Auto Medical Payments-Mcressed Limit hire, 'rent or borrow froizi any of your Y employeens,partners(if y9p are a artnershi y For each covered auto described in the Beclara- nembeis (if you=are a limited liability "e'oin tiogs`-or-shown in the Schedule-as Having Auto pony) or members of their households;and Cnieis 3.10 Page 2 of 7, 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 born o 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._ CommunicationEquipment Covesage Idired Auto Lass of Use Expenses 1. Form CA 0001 (if attached to this policy), section III- Physical Damage Coverage, C. Form CA0001 (if attached to this policy), Section Limit of fnsurancc, Paragraph 2. is deleted Ill - Physical Damage Coverage,A.Coverage, 4. and replaced by the following: ® Coverage Extensions,b.Loss of Use Expenses,and 2. $1,500 is the most we will pay for loss in farm CA0020(if attached to this policy), Section any one acr3dent to all electronic equip = IV - Physical Damage Coverage, A. Coverage, 4. merit that reproduces, receives or trans- Coverage Extensions, h. Loss of Use Expenses, is mits audio, visual or data signals which, deleted and replaced by the following: at the tune of the Foss, is: b. For Hired Auto Physical Damage,we will pay 2. Form CA0020 (if attached to this policy), expenses for which an Insured becomes Iegally Seetion 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 lass in ` any one accident to all electronic equip- (1) Other than collision only if the Declara- meni that reproduces, receives or trans- ( lions 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: S (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 eov- 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- J. 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.-w Are in-a covered auto at the-time of a - - g F. Coverage Territory- hired Auto Form_ CA OW 1,(if attached to this policy),Section B. The most we will pay for loss is$250. c IV - 13usiaess Auto Cot d iioirs,l3. General Condi- C. Ph cal Dana a Cover a revisions apply lions;_ 7. Polio Period Cover e Territ 1 - P,. PI>c y ag mY, to this coverage, except that no deductible _ b.{5).(a)is replaced by the following: applies. ,.,.;_ n (a);A covered auto of the private passenger type 1, Person-l Effects Coverage r is leas`ed,'hired, rented or borrowed without a #' driver fbia period of 180 day`-oi Iess;and Foam CA0001 (if attached to this policy),Section , I III- Physical Damage Coverage, A. Caverget ? i N _ FDnn CA0020(if•attached fo this policy), Section - Coverag Extensions; and form CA0020 . .._ V - Motor Careder Conditions, B.- General tacked -to this policy),- section ry - Physical - CA7019 3 10 ° • - - - Page 3 of 7 - Damage Coverage, A. Coverage,4. Coverage Ex- (I) We will pay only for those expenses in- tensions;item d. is added as follows; curred by youu that begin 24 hours after the covered loss. d. Personal Effects Coverage (2) We will cease paying for those expenses, We will pay up to $500 for loss for clothing 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 covered loss. (a) The number of days reasonably re- Personal Effects do not include audio visual quired to repair or replace the cov- oz electronic devices, money, giffcards, secu- ered auto. If loss is caused by theft, Cities, jewelry, or tools. this number of days is added to the number of days it takes to locate and This coverage is excess over any other collec- return the covered auto to you;or tible insurance. (b) 45 days from the date this coverage- No deductible applies to this coverage. begins. J. Airbag Coverage (3) Our payment is limited to the lesser of the following amounts:'- 1. Dorm 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- currad 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 airbag, for your operations. provided'that any loss covered under this provision is excess over any other collectable (5) If Ioss 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 ReinburseCnettf CA0001 is attached to this policy), we Porn CA0001 (if attached to this olic Section will pay under this coverage only that ----V-C------•- •p Eve--- amount of your covered rental expenses III- Plepsiczi l3asvaae Coverage, A. Coverage, 4. Coverage Extensions; an which are not already provided for under d form CA0020 (if at- additional transportation:'expenses tached to this policy), Section IV- Physical Da - w Dam- age Coverage, A. Coverage, 4. Coverage the Physical Daniaga-Coverage Exteri- Extensions;item e.is added as follows: --_ _- sFOnS• •-e -,. - ---'_--- ..-_d - -- i __ •-- ... - - - b,.::.: ��: Ti'193>G'rw• - _-J d-- e. Rental Reimbursement or Transportation I.. Extended Towing Coverage 1. Form CA000I (if attached to this poLey), If Ions occurs to a covered auto described or Sectiari Ill= Physical llainage`Coveraget A. designated in the Declarations or Schedule Coverage, 2 Towing, is replaced by the fol- and 'co'v`ered foi Physcal Damage Coverage, lowing 4 ..,Fj-..• -t4l tiL'. - .. _ _ .- .. F ce µ.• fl °.- u tr- ,(a �i.L Fp - -._ . ., we will,pay for`rental expenses for the rental, of a similar:replacement auto acid -" transportation"expenses,-- incurred;by you: This-pagmeiit applies in addition id the bth- We will pay up to $750 per disablement ' l „ erwise applicable a-mount of each,eoyerage for towing and labor costs you incur each ^• have on the covered auto, No deductible tiriie your covered auto is disabled. applies to this coverage. However: - However. 'CA90183d0 - r- _, -�,' .y, Paget4 of-7'- , ' a All labor must be performed at the under Section III-Physical Damage -' place of disablement;and Coverage, A. Coverage, Paragraphs private 1, a, b., or c., there is no separate b. If the covered auto is of the P deductible for the Extended Towing passenger type, no deductible ap- Coverage. plies;and C. If the covered a-uto is not of the ri- •For purposes of this coverage, disable- 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 ment results from a toss covered and repair. under Section III-Physical Dawn e Y `� M. Cancellation- 170 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 collation. 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 TI - Liability Coverage, 2 Coverage Ex- roadway and to seek additional services tensions, a. Supplementary Payments, items (2) 4 and repair. and(4)are replaced by the following: a 2. Form CA0020 (if attached to ibis policy), (2) Up to $2,500 for the cost of bail bonds (in- Section IV - Physical Damage Coverage, A. eluding bonds for related traffic law vio- 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 incur each loss of eanrirtgs up to $500 a Pray,because of time your covered auto is disabled. time off from work. However, D. Duties in the Event of Accident, Claim, Suit or x . - a, All labor must be performed at the . Loss- Amended - i place of disablement; and Form CA0001 (if attached to this policy) Section, b. If the covered auto is of the private rV - Business Auto Conditions, A. Loss Coadi- passenger type no deductible applies; tions, item 2.a.; and farm CA0020(if attached to g and , this policy)Section V-Motor Carrier Conditions, A. 1_.oss Co,T211,nk item 2.`a;is replaced by the $ C. If the covered auto is not of the foil owing °__ . �,. - private pas�nger t'j%1ia our obtigatiori - to-pay wilLbe-reduced bp-a.=•$250-- a-� In the event°of accide-nt,lclaim,-suit or ioss;'s ° deductible per disablement. you mifsl-pr``mriptly notify us or our author= ' " ized representative ivhen it becomes known d. If the covered auto is not of the pri;, lo; E vale passenger type and the-disable- _ ks Y went results frond a loss covered- (1) You,if you are an individual; - c.4iats s-[o Pagd 5 of 7: m - _ I (2) Your partner or member, if you are a R. United Mexico Coverage partnership or joint venture; WARNING (3) Your member,if you are a limited liabil- ity company; AUTO ACCIDENT'S IN ML-`XICO ARE SUB- JECT TO THE LAWS OF MEXICO ONLY - (4) Your executive officer if you are an or- NOT THE LAWS OF THE UNITFD STATES gan 7ation 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 WELLAS A CIVIL (5) Your authorized representative or insur- MATTER' ance manager. 1N SOME CASES THE, COVERAGE PRO- Knowledge of an accident, claim, suit or loss by VIDED HERE MAY NOT BE RECOGNIZED other persons does not imply that the persons BY THE MEXICAN AUTHORITIES AND TO IMPLE- WE MAY NO listed above have such knowledge. T' BE ALLOWEDMENT 'PHIS COVERAGE AT ALI, 1N Notice should include: MEXICO. YOU SHOULD CONSIDER PUR- CHASING AUTO COVERAGE FROM A (1) How, when and where the accident or loss LICENSEI) MEXICAN INSURANCE COM- occurred;and PANY BEFORE DRIVING IN MEXICO. (2) The insureds name and address;and THIS ENDORSEMENT DOES NOT APPLY fO ACCIDENTS OR LOSSES WHICH OC- (3) To the extent possible,the names and address CUR OUTSIDE OF 25 MILES FROM THE of any in BORDER OF THE UNITED STATES OFjured persons and witnesses. AMERICA. P. Unintentional FAIure to Disclose Hazards Form CA0001 (if attached to this policy), Section Form CA0001 (if attached to this policy), Seefion IV-Business Auto Conditions,B. General Condi- W-Business Auto Conditions, B.General Condi- eons, item 7.; and form Motor a attached Condi- tions, item 2.; and form CA0020 (if attached to this policy), Section V - Motor Carrier ollow- tions, B. General Conditions, item 7.; the follow- this policy),Section Y-Motor Carrier Conditions, ing is added: B. General Conditions, item 2.i the following is added: The coverage territory is extended to include Mexico,but only: however,if you unintentionally fail to disclose any laazahls 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 of exercise our right of cancellation or'non-line- c. If the covered auto is principally garaged and ,.-- _ .._ _ _... principally used in the United States; and Q. Fellow,,Wployee Coverage d. If the insured is a resident of the United Section II'_ L61iility Coverage, B. Exclusions, 5. States, Fellow Eniptoyee, the following i§added�._Y If a loss to a covered auto occurs in Mexico, we _ pay for such lass in the United States. If the cov.- �" However= this`°eRclrision` doe"s not a i -If the' r r rpY erect`au.o must 1 e epauedsn aVSex3co•In order toff - 66hy injury results'from`tlte'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 lass as determined by us at the 1 erage under 16 provisiari only applies in excess rwarest Ilivted 5ta'tcs point where ihe'repairs can =` over a.iiy other collectible iristirance.-- - be made. ciao3sito, ;_ '' 'Page 6 'of I Any insurance provided under this provision will we will pay the greater of; be excess over any other collectible insurance. (a) 'Ile actual cash value, as determined by S. Extended Glass Coverage us, of the damaged or stolen property as _= Porn CA0001 (if attached to this policy),Section of the time of the total loss;or TIT - Physical Da-nage 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- As used here outstandingindebtedness means mg . the amount you owe on the finance agree- a. Glass breakage. If glass must be replaced,the ment at the time of total foss: deductible-will be $100 or the deductible shown in the Declarations, whichever is less. ff 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 administrative costs or overhead fees assessed by the finance company Form 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 C. Bodily Injury means bodily injury, sickness (iv) Less casts for extended warranties,Credit or disease sustained by a person including Life Insurance, Ilealth, Accident or Dis- deatlt or mental anguish resulting from any ability Insurance purchased with the loan of these at any time. Mental anguish means or lease; and any type of mental or emotional illness or di- sease. (v) •Less carryover 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 TIT - Physical Damage Coverage, D. De- III-Physical Damage Coverage, C. Limit Of IA- ductible,the following is added: sumnce; and form CA0020 (if attached to this policy), Section 1 V - Physical Damage Coverage, if another l'irennan s Fund Insurance Company C.Units Of Insurance;item 5.is added as follows; policy or coverage forin that is not an automobile policy or coverage form applies to the same reel- " ' 5." If your covered owned agfo is`"` _, dent or foss,'lre following applies: (I)- 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 waind. (2) Shown in this policy as having a loss (2) If the deductible under this Business Auto ^ " payee"ar additiaiial-insured-lessor;'and" " Cov`eerage k'orni isnoi,thie lesser, (or least]cte ` _ ductible;it-will be reduced•by the amount of: Incurs a covered total loss= _ -_ the Wser(or least)deductible:=-, _N CAMS 3-10 . , ,. Page 7 of 7 O