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HomeMy WebLinkAboutPW17-423 - Change Order - #1 - LaVelle Vac & Drainage, LLC - James Street Pipe Repair - 08/16/2017 01 / /// I,Nucurds M h t KENT Wnar .craw 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 Dame: Lavelle `lac & Drainage, LLC Vendor Plumber: JD Edwards Number Contract Number: PV n — �>' 0 This is assigned by City Clerk's Office Project Dame: .James St. Pipe Repair Description: El Interlocal Agreement El Change Order ❑ Amendment ❑ Contract ❑ Other: Contract Effective Date: 8/16/1.7 Termination Date: 8/22/17 Contract Renewal Notice (Days): Dumber of days required notice for termination or renewal or amendment. Contract Manager: Jens Vincent Department P Operations Contract Amount: 2,440.00 Approval Authority: (CIRCLE ONE) Department Directory Mayor City Council Detail: (i.e. address, location, parcel number, tax , c.): Additional equipment needs to be obtained to perform the repair. As of: 08/27/14 s KENT CHANGE ORDER NO. 1 NAME OF CONTRACTOR: Lavelle Vac & Drainage, LLC ("Contractor") CONTRACT NAME & PROJECT NUMBER: James Street Pipe Repair ORIGINAL CONTRACT DATE: July 11, 2017 This Change Order amends the above-referenced contract; all other provisions of the contract that are not inconsistent with this Change Order shall remain in effect. For valuable consideration and by mutual consent of the parties, the project contract 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, Contractor shall provide all labor, materials, and equipment necessary to: No change to the Scope of Work, however additional equipment is necessary to perform the repair. For a description, see the Contractor's propopsal which is attached as Exhibit A and incorporated by this reference. 2. The contract amount and time for performance provisions of Section II "Time of Completion," and Section III, "Compensation," are hereby modified as follows: Original Contract Sum, $7,420.60 (including applicable alternates and WSST) Net Change by Previous Change Orders $742.06 (incl. applicable WSST) Current Contract Amount $8,162.66 (incl. Previous Change Orders) Current Change Order $2,200.00 Applicable WSST Tax on this Change $220.00 Order Revised Contract Sum $10,582.66 CHANGE ORDER - 1 OF 3 Original Time for Completion 8/22/17 (insert date) Revised Time for Completion under n/a prior Change Orders (insert date) Days Required (±) for this Change 0 calendar days Order Revised Time for Completion 8/22/17 (insert date) I In accordance with Sections 1-04.4 and 1-04.5 of the Kent and WSDOT Standard Specifications, and Section VII of the Agreement, the Contractor accepts all requirements of this Change Order by signing below. Also, pursuant to the above-referenced contract, Contractor agrees to waive any protest it may have regarding this Change Order and acknowledges and accepts that this Change Order constitutes final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Change Order, including, without limitation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits. This Change Order, unless otherwise provided, does not relieve the Contractor from strict compliance with the guarantee and warranty provisions of the original contract, particularly those pertaining to substantial completion date. All acts consistent with the authority of the Agreement, previous Change Orders (if any), and this Change Order, prior to the effective date of this Change Order, are hereby ratified and affirmed, and the terms of the Agreement, previous Change Orders (if any), and this Change Order 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 contract modification, which is binding on the parties, of this contract. 3. The Contractor will adjust the amount of its performance bond (if any) for this project to be consistent with the revised contract sum shown in section 2, above, IN WITNESS, the parties below have executed this Agreement, which will become effective on the last date written below. 6NTk4CTOR: CITY OF KENT- 9 B By: n ture, Y" Print Name: P7 Print Name: Timothy J. LaPorte, P.E. I ts-_A4 rl IA A Its Public Works Director DATE, DATE: CHANGE ORDER - 2 OF 3 APPROVED AS TO FORM: (applicable if Mayor's signature required) Kent Law Department LaVette•James Repair CO L/Vtncent CHANGE ORDER - 3 OF 3 EXHIBIT A LaVelle Vac & Drainage, LLC Proposal roposal C . Box 302£ Date Proposal P. t�M Federal WA 9. 8063 $l14f2017 I'B-2017-130 Name!Address Project Address City of Kent ,lames St 220 Fourth Avenue South Kent, WA Kent,WA 98032 f,aVelle Vac & Drainage hereby proposes to furnish the material, labor and supplies necessary to complete the work as described below; Description LVD proposes to install (1)additional 15" in diameter by 24" in length, single flare Link-Pipe grouting sleeves to abandon Tee: connection located approximately 115'downstream from manhole i'i S'11 MAA28. The above service to be done on a one-tirne basis ol'$2,200.00-t sales tax Inclusions: -CCTV truck Nvith operator -2 Link-pipe grouting sleeves -2-Extra laborers -Support truck w/equipment -DVD copy of inspection report&repair Exceptions fir,Exclusions: -Cancelation notice must be given 48 hours prior to scheduled start time or•liability charges could occur. Sales tax,permits, licenses,additional insurance and bonding arc not included in price. -"Berms are net 30 upon completion of Link-Pipe repair. A 40%restocking fee plus shipping Nvill be charged on all returned sleeves. Special orders sleeves are not returnable. Lavelle Vac& Drainage L X will not be responsible for any back charges under any circumstances. Please note: By signing below you are confirming that the correct size/type ofpipe to be repaired is 15" RCP ID.Any incorrect pipe information will be subject to additional charges. All pricing may be :subject to change after 30 days of submittal if not Subtotal accepted. 2'2{TQ'Qb Acceptance of Proposal Sales Tax (10.0%) $220.00 The above prices„ specifications, and conditions are satisfactory and are hereby accepted. By signing you are authorizing LaVelle Vac & Drainage, Total L.LC to proceed with the work as specified above. `}2,42(}°(T Authorized Signature Client#:106966 LAVEVACU ACORD. CERTIFICATE OF LIABILITY INSURANCE D 71011dDD/YYYY) /0712017 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(8),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 endomement(s). PRODUCER Abby Mumford Propel Insurance N --- —__ _-- I Tacoma Commercial Insurance A Ext.800 499-0933 Arc No):868 677-1326 Abigall.Mumford@propolinsurance.com 1201 Pacific Ave,Suite 1000 INBUREMS AFFORDING COVERAGE NAIC� Tacoma,WA 98402 _ INSURER A:Western National Assurance Comp 24465 INSURED LaVelle Vac&Drainage,LLC INSURERS; Po Box 3028 INSURER C: INsuRERD Federal Way,WA 98063 INSURER-E: INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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. I --ODL 57UO --- - v--- pp I Yap TYPE_OF INSURANCE _ POLICY NUMBER ( I MNY4 LIMITS A . X1 COMMERCIAL GENERAL LIABILITY X X CPPI00161408 9108/2016 0910812017 EACH OCCURRENCE ___ s1 OOO OOO CLAIMS-MADE FillOCCUR I PREMI5ESQEOEO Y�an�)__. 5300'000 �- MEo EXP iAltir one versant s 10,000 PERSONAL&ADV INJURY - $1.000�000 GEN.L AGGREGATE LIMIT APPLIES PER: _GENERAL AGGREGATE s2,000,000 POLICY a JECT LOC PRODUCTS:COMPIOPAGG S2sOOOL000. A AUTOMOBILE LIABILITY —A X X CPPICOO82009 — 9/08/2016 091081201sood"n7,E w ' — 1,000000 X ANY AUTO i BODILY INJURY(Par person) S ALL ONMED "���SCHEDULED { —_!AUTOS l- AUTOS BODILY INJURY(PereorJdenp S -Xi HIRED AUTOS ix I AM ED PROPERTY DAMAGE 4 AUTOS A X UMBRELLA UAay q OCCUR 9/D8120 X X UM13100018908 16 09/081201 EACH OCCURRENCE s2,000,000 y EXCESS UAS CLAIMS-MADE AGGREGATE _ 52,000 QOQ-_ NO I X RETENTION S1000O _ S _ A WORKERS COMPENSATION X CPP100161408 9/08/2018 091081201 PY�lI X a AND EMPLOYERS'UA8IUTY —_. ___._..._.... ANY PROPRIETORIPARTNEWEXECUT!VE�'u I Stop Gap EL EACN ACCIDENT S1,000.000 OFFICER/MEMBER EXCLUDED? ' N I N I A (Maltlatory In NH) E L DISEE.EA 51,000,000 if yes.neavilm under - AS -'- DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT $1,0001000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD101.Additional Remadla Schedule,may be aNeched If morespece Is required)The City of Kent8 Included a8 additional Insured per the attached. Umbrella forms follow underlying policy forms CERTIFICATE HOLDER CANCELLATION ANY OF THE AE CANCELLED BEFE City of Kent THEULD EXPIRATION DATE WTHEREOF.DESCRIBED NOTICE POLICIES W(LL B aLIVEREDORIN Public Works Department ACCORDANCE WITH THE POLICY PROVISIONS. 400 West Gowe Kent,WA 98032 AUTHORIZED REPRESENTATIVE ram'' 't•�„ I 01988-2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014101) 1 of 1 The ACORD name and logo are registered marks of ACORD NS2772133IM2541812 ALW00 This page has been left blank intentionally.. = to 4� . i Policy#CPP100151408 COMMERCIAL GENERAL LIABILITY WNGL840716 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to a. The preparing, approving,or failing to pre- include the following: pare or approve, maps, shop drawings, Any person(s) or organizations(s) for whom you opinions, reports, surveys, field orders, have performed operations is also an additional change orders or drawings and specifica- insured, if you and such person(s) or organiza- tions;or tion(s) have agreed in writing in a contract or b. Supervisory, inspection, architectural or agreement that such person(s) or organization(s) engineering activities. be added as an additional insured on your policy This exclusion applies even if the claims for completed operations. Such person(s) or or- ganizations) is an additional insured only with re- against an additional insured allege negli- ° ° gence or other wrongdoing in the supervision, spect to liability for 'bodily injury or property damage" caused, in whole or part, by"your work" hiring, employment, training or monitoring of others by that insured, if the "occurrence' at the location specified in the written contract or which caused the "bodily Injury" or "property agreement and included in the products- damage", or the offense which caused the completed operations hazard". "personal and advertising injury", involved the However, the insurance afforded to such additional rendering of or failure to render any profes- insured: sional services by you with respect to your 1. Only applies to the extent permitted by law; providing engineering, architectural or survey- and ing services in your capacity as an engineer, architect or surveyor. 2. Will not be broader than that which you are re- 2, 'Bodily injury" or "property damage' that oc- quired by the contract or agreement to provide curs prior to the execution of, or subsequent to for such additional insured. the expiration of, the contract or agreement in B. With respect to the insurance afforded to these which you agreed that such person(s) or or- additional insureds, the following additional exclu- ganization(s) be added as an additional in- sions apply: sured. This insurance does not apply to: I. "Bodily injury", "property damage"or"personal and advertising injury" arising out of the ren- dering of, or the failure to render, any profes- sional architectural, engineering or surveying services, including: WN GL 64 07 15 Page 1 of 2 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. C. With respect to the insurance afforded to these 1• The minimum amount required by the contract additional insureds, the following is added to Sec- or agreement; or tion III—Limits Of Insurance: 2. The Limits of Insurance shown in the DeGara- If coverage provided to the additional insured is lions; j required by a contract or agreement, the most we whichever is less. Iwill pay on behalf of the additional insured is: This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. i i l f WN GL 84 0715 Page 2 of 2 Includes copyrighted material of Insurance Services Office,Inc.,with Its perrnlssion. COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance 12) You have agreed in writing in a Condition and supersedes any provision to the contract or agreement that this insur- contrary: ance would be primary and would not Primary And Noncontributory Insurance seek contribution from any other insur- a This insurance is primary to and will not nce available to the additional insured. seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named In- sured under such other insurance; and CG 20 01 04 13 * insurance Services Office, Inc., 2012 Page 1 of 1 Policy #C PIP 100151408 WN GL 39 0715 COMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT The Commercial General Liability Enhancement Endorsement is an optional endorsement that provides coverage en- hancements. The following is a summary of broadened coverages provided by this endorsement. No coverage is pro- vided by this summary, refer to following endorsement for changes in your policy. I I� SUMMARY OF COVERAGES PAGE Bodily Injury And Property Damage Liability • Non Owned Watercraft Up To 50 Feet......................................................................................2 Property Damage Liability • Elevators....................................................................................................................................3 • Fire, Lightning, Explosion Or Sprinkler Leakage Exception.......................................................3 • Borrowed Equipment($25,000 Per Occurrence,$50,000 Aggregate, $2.500 Deductible Per Occurrence........................................................................................ 3 Supplementary Payments—Amended • Bail Bonds Up To$5,000............................. .............................................. ....................__. .4 • Loss of Earnings Up To$500/Day ............................................................................................4 Who is An Insured Amendments • Employee Bodily Injury To A Co-Employee...............................................................................4 • Newly Formed Or Acquired Organizations For Up To 180 Days...............................................4 • Blanket Additional Insured—Vendors—As Required By Contract............................................4 • Blanket Additional Insured—Lessor Of Leased Equipment......................................................6 • Blanket Additional Insured—Managers Or Lessors Of Premises..............................................6 • Blanket Additional Insured—State Or Governmental Agency Or Subdivision Or Political Subdivision—Permits Or Authorizations..............................................................7 • Blanket Additional Insured—State Or Governmental Agency Or Subdivision Or Political Subdivision—Permits Or Authorizations Relating To Premises....................... ..B Damage To Premises Rented To You — $300,000...... ............................................................... ........9 Medical Payments Increased Limit — $10,000 Or Amount Shown on Declarations.............................9 Conditions • Knowledge of Occurrence,Offense, Claim Or Suit Amended...................................................9 • Unintentional Failure To Disclose Hazards................................................................................9 • Waiver of Subrogation............................................... ..........10 Insured Contract Amended...................................................................................................................10 Personal And Advertising Injury Redefined • Televised,Videotaped Or Electronic Publication.......... ................................... ...... ... ...........10 WN GL 39 0715 Includes copyrighted material of the Insurance Service Office,Inc.,with its permission. Page 1 of 10 WNGL390716 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY COMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT This endorsement modifies the insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. The SECTIONS of the Commercial General Liability Coverage Form identified in this endorsement will be amended as shown below. SECTION I—COVERAGES AMENDMENTS (4) Liability assumed under any "insured con- COVERAGE A — BODILY INJURY AND PROPERTY tract"for the ownership, maintenance or use DAMAGE LIABILITY of aircraft or watercraft; or (5) "Bodily injury" or "property damage" arising A. Non Owned Aircraft Or Watercraft out of: Item 2.Exclusions, Paragraph g. is replaced by theThe operation of following: (a) ment that is attached cto, or part of,t a g. Aircraft,Auto Or Watercraft land vehicle that would qualify under the "Bodily injury" or "property damage" arising out definition of"mobile equipment"if it were of the ownership, maintenance, use or entrust- not subject to a compulsory or financial ment to others of any aircraft, 'auto" or water- responsibility law or other motor vehicle craft owned or operated by or rented or loaned insurance law where it is licensed or to any insured. Use includes operation and principally garaged;or "loading or unloading". (b) The operation of any of the machinery This exclusion applies even if the claims against or equipment listed in Paragraph f. (2) any insured allege negligence or other wrong- or f. (3) of the definition of "mobile doing in the supervision, hiring, employment, equipment", training or monitoring of others by that insured, if B. Damage To Property Coverage Extensions the"occurrence"which caused the"bodily injury" Item 2. Exclusions, Paragraph j. is replaced by the or"property damage"involved in the ownership, following: maintenance, use or entrustment to others of any aircraft, "auto"or watercraft that is owned or j• Damage To Property operated by or rented or loaned to any insured. "Property damage"to: This exclusion does not apply to: (1) Property you own, rent, or occupy, including (1) A watercraft while ashore on premises you any costs or expenses incurred by you, or own or rent; any other person, organization or entity, for (2) A watercraft you do not own that is: repair, replacement, enhancement, restora- tion or maintenance of such property for any (a) Less than 50 feet long;and reason, including prevention of injury to a (b) Not being used to carry persons or prop- person or damage to another's property; erty for a charge; (2) Premises you sell, give away or abandon, if This Subparagraph (2) applies to any per- the"property damage"arises out of any park son, who with your expressed or implied of those premises; consent, either uses or is responsible for the (3) Property loaned to you; use of the watercraft; (4) Personal property in the care, custody or (3) Parking an "auto"on,or on the ways next to, control of the insured; premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured; WN GL 39 07 15 Includes copyrighted material or the Insurance Service Office,Inc.,with its permission. Page 2 of 10 (6) That particular part of real property on which Paragraph (6) of this exclusion does not apply to you or any contractors or subcontractors "property damage" Included in the "products-com- working directly or indirectly on your behalf pleted operations hazard". are performing operations, If the "properly The insurance provided for "property damage" from damage"arises out of those operations;or the use of elevators and for "property damage" to (6) That particular part of any property that must borrowed equipment is excess over any other valid be restored, repaired or replaced because and collectible property insurance (including any de- ductible portion thereof) available to the insured Paragraphs (1), (3) and (4) of this exclusion do not whether primary, excess, contingent or on any other apply to "property damage" (other than damage by basis. fire, lightning, explosion or sprinkler leakage) to C. Damage To Premises Rented To You premises, including the contents of such premises, Item 2. Exclusions, the last paragraph is replaced rented to you for a period of seven or fewer by the following: consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as Exclusions c.through In. do not apply to damage by described in SECTION III — LIMITS OF fire, lightning, explosion or sprinkler leakage to INSURANCE. However, the provisions of this premises while rented to you or temporarily occupied paragraph do not apply if coverage for Damage To by you with permission of the owner. A separate Premises Rented To You is excluded by en- limit of insurance applies to this coverage as de- dorsement. scribed in Paragraph fi. of SECTION III—LIMITS OF Paragraph (2) of this exclusion does not apply if the INSURANCE, premises are "your work" and were never occupied, COVERAGE B — PERSONAL AND ADVERTISING rented or held for rental by you. INJURY LIABILITY Paragraphs(3)and(4)of this exclusion do not apply D. Personal And Advertising Injury to the use of elevators. g 1 ry Item 2. Exclusions is amended by replacing Sub- Paragraphs (3), (4), (5) and (6) of this exclusion do paragraphs b.and c.with the following: not apply to liability assumed under a sidetrack agreement. b. Material Published With Knowledge Of Falsity Paragraph (4) of this exclusion does not apply to "Personal and advertising injury" arising out of "property damage"to borrowed equipment while not oral, written, televised, videotaped arising electronic being used to perform operations at the jobsite.Subject to Paragraph 2. of SECTION III — LIMITS p by or the direction of the insured withublication, in any manner, of material, if done OF INSURANCE, the rules below fix the most we knowledge of its falsity. will pay for"property damage"under this provision: (1) $25,000 any one"occurrence", regardless of the c. Material Published Prior To Policy Period number of persons or organizations who sustain "Personal and advertising injury" arising out of damages because of that"occurrence"; oral, written, televised, videotaped or electronic (2) $50,000 annual aggregate; and publication, in any manner, of material whose first publication took place before the beginning (3) We will pay only for damages in excess of of the policy period. $2,500 as a result of any one "occurrence", re- gardless of the number of persons or organiza- tions who sustain damages because of that"oc- currence". We may, or if required by law, pay all or any part of any deductible amount, if applica- ble, to effect settlement of any claim or "suit". Upon notice of our payment of a deductible amount, you shall promptly reimburse us for the part of the deductible amount we paid. WN GL 39 0715 Includes copyrighted material of the Insurance Service Office,Inc.,with Its permission. Page 3 of 10 SUPPLEMENTARY PAYMENTS—COVERAGES A The following are added: AND B C. Blanket Additional Insured — Vendors — As Re- E. Supplementary Payments—Coverages A and B quired By Contract Item 1. is amended by replacing Subparagraphs b. 1. Section II —Who Is An Insured is amended to and d.with the following: include as an additional insured any person(s)or b. Up to $5,000 for cost of bail bonds required be- organizatlon(s) (referred to throughout this cause of accidents or traffic law violations aris- endorsement as vendor) with whom you have ing out of the use of any vehicle to which the agreed in a written contract, executed prior to Bodily injury Liability Coverage applies. We do loss, to name as an additional insured, but only not have to furnish these bonds. with respect to "bodily injury" or �property damage"arising out of"your products"which are d. All reasonable expenses incurred by the insured distributed or sold in the regular course of the at our request to assist us in the investigation or vendors business. defense of the claim or "suit", including actual However, loss of earnings up to $500 a day because of a. The insurance afforded to such vendor only time off from work. applies to the extent permitted by law;and b. If coverage provided to the vendor is SECTION 11—WHO 1S AN INSURED AMENDMENTS required by a contract or agreement, the A. Employee Bodily Injury To A Co-Employee insurance afforded to such vendor will not be broader than that which you are required Paragraph 2.a.(1)is replaced by the following: by the contract or agreement to provide for (1) 'Bodily injury" or "personal and advertising such vendor. injury": 2. With respect to the insurance afforded to these (a) To you, to your partners or members (if you vendors, the following additional exclusions are a partnership or joint venture), to your apply: members (if you are a limited liability com- a. The insurance afforded the vendor does not pany), or to your other "volunteer workers" apply to: while performing duties related to the con- (1) "Bodily injury" or"property damage" for duct of your business; which the vendor is obligated to pay (b) For which there is any obligation to share damages by reason of the assumption damages with or repay someone else who of liability in a contract or agreement. must pay damages because of the injury This exclusion does not apply to liability described in Paragraph(1) (a)above; or for damages that the vendor would have (c) Arising out of his or her providing or failing to in the absence of the contract or provide professional health care services. agreement; B. Newly Acquired Organizations (2) Any express warranty unauthorized by Paragraph 3.a. is replaced by the following: you;-- a. Coverage under this provision is afforded only (3) Any physical or chemical change in the until the 1801" day after you acquire or form the product made intentionally by the organization or the end of the policy period, vendor; whichever is earlier; (4) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; WN GL 39 0715 Includes copyrighted material of the Insurance Service Office,Inc.,with its permission. Page 4 of 10 (5) Any failure to make such inspections, 4. With respect to the insurance afforded to these adjustments, tests or servicing as the vendors, the following is added to Section III — vendor has agreed to make or normally Limits Of Insurance: undertakes to make in the usual course j of business, in connection with the If coverage provided to the vendor is required by distribution or sale of the products; a contract or agreement,the most we will pay on (6) Demonstration, installation, servicing or behalf of the vendor is: repair operations, except such a. The minimum amount required by the operations performed at the vendor's contract or agreement;or premises in connection with the sale of b. The Limits of Insurance shown in the the product; Declarations; (7) Products which, after distribution or sale by you, have been labeled or relabeled whichever is less. or used as a container, part or This endorsement shall not increase the ingredient of any other thing or applicable Limits of Insurance shown in the substance by or for the vendor;or Declarations. (8) "Bodily injury or "property damage" 5. With respect to the insurance afforded to these arising out of the sole negligence of the additional insureds, the following additional ivendor for its own acts or omissions or exclusion applies: those of its employees or anyone else This insurance does not apply to: acting on its behalf. However, this pp y exclusion does not apply to: a. "Bodily injury", "property damage" or (i) The exceptions contained in "personal and advertising injury" arising out Subparagraphs(4)or(6);or of the rendering of, or the failure to render, any professional architectural, engineering (ii) Such inspections,adjustments, tests or surveying services, including: or servicing as the vendor has 1 The re approving, or failingto agreed to make or normally ( ) p paria g' pr g' undertakes to make in the usual prepare Of approve, maps, shop course of business, in connection drawings, opinions, reports, surveys, with the distribution or sale a the field orders, change orders or drawings and specifications; or products. 3. This Provision C.does not apply: (2) Supervisory, inspection, architectural or engineering activities. a. To any insured person or organization from This exclusion applies evert if the claims whom you have acquired such products, or allege a any ingredient, part or container, entering against an additional insured negligence or other wrongdoing a the into, accompanying or containing such products; supervision,hiring, employment,training or monitoring of others by that insured, if b. To any vendor for which coverage as an the "occurrence" which caused the additional insured specifically is scheduled "bodily injury" or "property damage", or by endorsement;or the offense which caused the "personal c. When liability included within the "products- and advertising injury", involved the completed operations hazard" has been ex- rendering of or failure to render any cluded for such product either by the provi- professional services by you with sions of the coverage part or by endorse- respect to your providing engineering, ment. architectural or surveying services in your capacity as an engineer, architect or surveyor. WN GL 39 07 15 Includes copyrighted material of the Insurance Service Office,Inc.,with its permission. Page 5 of 10 O. Blanket Additional Insured — Lessor Of Leased 4. With respect to the insurance afforded to these Equipment additional insureds, the following additional exclusion applies: 1. Section ll —Who Is An Insured is amended to This insurance does not apply to: include as an additional insured any person(s)or organization(s)from whom you lease equipment a. "Bodily injury", "property damage" or when you and such person(s)or organization(s) "personal and advertising injury" arising out have agreed in writing in a contract or of the rendering of, or the failure to render, agreement, executed prior to loss, that such any professional architectural, engineering person(s) or organization(s) be added as an or surveying services, including: additional insured on your policy. Such (1) The preparing, approving, or failing to person(s) or organization(s) is an insured only prepare or approve, maps, shop with respect to liability for "bodily injury", drawings, opinions, reports, surveys, "property damage" or"personal and advertising field orders, change orders or drawings injury" caused, in whole or in part, by your and specifications;or maintenance, operation or use of equipment leased to you by such person(s) or (2) Supervisory, inspection, architectural or organization(s). engineering activities. However, the insurance afforded to such This exclusion applies even if the claims additional insured: against an additional insured allege a. Only applies to the extent permitted by law; negligence or other wrongdoing in the and supervision, hiring, employment, training or monitoring of others by that insured, if the b. Will not be broader than that which you are "occurrence" which caused the "bodily required by the contract or agreement to injury" or"property damage", or the offense provide for such additional insured. which caused the "personal and advertising A person(s or organization's status as an addi- injury', involved the rendering of or failure to tional insured under this endorsement ends render any professional services by you with when their contract or agreement with you for respect to your providing engineering, such leased equipment ends. architectural or surveying services in your 2. With respect to the insurance afforded to these capacity as an engineer, architect or additional insureds, this insurance does not ap- surveyor. ply to any "occurrence" which takes place after E. Blanket Additional Insured — Managers Or Les- the equipment lease expires. sors Of Premises 3. With respect to the insurance afforded to these 1. Section II —Who Is An Insured is amended to additional insureds, the following is added to include as an additional insured any person(s)or Section iIi—Limits Of Insurance: organization(s)with whom you have agreed in a If coverage provided to the additional insured is written contract, executed prior to loss,to name required by a contract or agreement, the most as an additional insured, but only with respect to we will pay on behalf of the additional insured is: liability arising out of the ownership, a. The minimum amount required by the maintenance or use of that part of the premises contract or agreement;or leased to you, subject to the following additional b. The Limits of Insurance shown in the exclusions.- Declarations; This insurance does not apply to: whichever is less. a. Any 'occurrence" which takes place after This endorsement shall not increase the you cease to be a tenant in that premises. applicable Limits of Insurance shown in the b. Structural alterations, new construction or Declarations. demolition operations performed by or on behalf of such additional insured. WN G L 39 07 15 Includes copyrighted material of the Insurance Service Office.Inc.,with its permission. Page 6 of 10 However: F. Blanket Additional Insured — State Or a. The insurance afforded to such additional Governmental Agency Or Subdivision Or Politi- insured only applies to the extent permitted cal Subdivision—Permits Or Authorizations by law;and Section II —Who Is An Insured is amended to in- b. If coverage provided to the additional clude as an additional insured any state or insured is required by a contract or governmental agency or subdivision or political agreement, the insurance afforded to such subdivision with whom you have agreed in a written additional insured will not be broader than contract, executed prior to loss, to name as an that which you are required by the contract additional insured, subject to the following or agreement to provide for such additional provisions: insured. 1. This insurance applies only with respect to op- t. With respect to the insurance afforded to these erations performed by you or on your behalf for additional insureds, the following is added to which the state or governmental agency or sub- Section III—Limits Of Insurance: division or political subdivision has issued a If coverage provided to the additional insured is permit or authorization. required by a contract or agreement, the most However: we will pay on behalf of the additional insured is: a. The insurance afforded to such additional a. The minimum amount required by the insured only applies to the extent permitted contract or agreement; or by law; and b. The Limits of Insurance shown in the b. If coverage provided to the additional Declarations; insured is required by a contract or agreement, the insurance afforded to such whichever is less. additional insured will not be broader than This endorsement shall not increase the that which you are required by the contract applicable Limits of Insurance shown in the or agreement to provide for such additional Declarations. insured. 3. With respect to the insurance afforded to these 2. This insurance does not apply to: additional insureds, the following additional a. "Bodily injury", "property damage" or "per- exclusion applies: This insurance does not apply to: sonar and advertising injury" arising out of pp y operations performed for the federal govern- a. "Bodily injury", "property damage" or ment, state or municipality;or "personal and advertising injury" arising out b. "Bodily injury" or "property damage" in- of the rendering of, or the failure to render, cluded within the " engineering products-completed op- any professional architectural, en 9 9 erations hazard". or surveying services, including: 3. With respect to the insurance afforded to these (1) The preparing, approving, or failing to additional insureds, the following is added to prepare or approve, maps, shop Section iII—Limits Of Insurance: drawings, opinions, reports, surreys, If coverage provided to the additional insured is field orders, change orders or drawings required by a contract or agreement, the most and specifications; or we will pay on behalf of the additional insured is: (2) Supervisory, inspection, architectural or a. The minimum amount required by the engineering activities. contract or agreement;or This exclusion applies even if the claims b. The Limits of Insurance shown in the against an additional insured allege Declarations; negligence or other wrongdoing in the supervision, hiring, employment, training or whichever is less. monitoring of others by that insured, if the This endorsement shall not increase the "occurrence" which caused the "bodily applicable Limits of Insurance shown in the injury" or"property damage", or the offense Declarations. which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services by you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor. WN GL 39 07 15 Includes copyrighted material of the Insurance Service Office,Inc.,with its permission. Page 7 of 16 4. With respect to the insurance afforded to these b. The construction, erection or removal of additional insureds, the following additional elevators; or exclusion applies: c. The ownership, maintenance or use of any This insurance does not apply to: elevators covered by this insurance. a. "Bodily injury', "property damage" or However, "personal and advertising injury" arising out a. The insurance afforded to such additional of the rendering of, or the failure to render, insured only applies to the extent permitted any professional architectural, engineering by law;and or surveying services,including: b. If coverage g provided to the additional (1) The preparing, approving, or failing to insured is required by a contract or prepare or approve, maps, shop agreement, the insurance afforded to such drawings, opinions, reports, surveys, additional insured will not be broader than field orders, change orders or drawings that which you are required by the contract and specifications; or or agreement to provide for such additional (2) Supervisory, inspection, architectural or insured. engineering activities. 2. With respect to the insurance afforded to these This exclusion applies even if the claims additional insureds, the following is added to against an " additional insured allege Section III—Limits Of Insurance: negligence or other wrongdoing in the If coverage provided to the additional insured is supervision, hiring, employment, training or required by a contract or agreement, the most monitoring of others by that insured, if the we will pay on behalf of the additional insured is: "occurrence" which caused the "bodily injury" or"property damage", or the offense a. The minimum amount required by the which caused the "personal and advertising contract or agreement;or injury", involved the rendering of or failure to b. The Limits of Insurance shown in the render any professional services by you with Declarations; respect to your providing engineering, whichever is less. architectural or surveying services in your capacity as an engineer, architect or This endorsement shall not increase the surveyor. applicable Limits of Insurance shown in the Declarations. G. Blanket Additional Insured — State Or 3. With respect to the insurance afforded to these Governmental Agency Or Subdivision Or Politi- additional insureds, the following additional cal Subdivision — Permits Or Authorizations Re- exclusion applies: lating To Premises This insurance does not apply to: Section II —Who Is An Insured is amended to in- a. "Bodily injury", "property damage" or clude as an additional insured any state or "personal and advertising injury" arising out governmental agency or subdivision or political of the rendering of, or the failure to render, subdivision with whom you have agreed in a written any professional architectural, engineering contract, executed prior to loss, to name as an or surveying services, including: additional insured,subject to the following provision: (1) The preparing, approving, or failing to 1. This Insurance applies only with respect to the prepare or approve, maps, shop following hazards for which the state or drawings, opinions, reports, surveys, governmental agency or subdivision or political field orders, change orders or drawings subdivision has issued a permit or authorization and specifications; or in connection with premises you own, rent or c lies: (2) Supervisory, inspection, architectural or control and to which this insurance applies: engineering activities. a. The existence, maintenance, repair, construction, erection or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures; or WN GL 39 0715 Includes copyrighted material of the Insurance Service Office.Inc„with its permission. Page 8 of 10 This exclusion applies even if the claims against an additional insured allege SECTION IV — COMMERCIAL GENERAL LIABILITY negligence or other wrongdoing in the CONDITIONS AMENDMENTS supervision, hiring, employment, training or A. Knowledge Of Occurrence monitoring of others by that insured, if the "occurrence" which caused the "bodily Item 2. Duties In The Event Of Occurrence, Of- Injury" or"property damage', or the offense fense, Claim or Suit is amended by adding the fol- which caused the"personal and advertising lowing: injury", involved the rendering of or failure to e. You must give us or our authorized representa- render any professional services by you with five prompt notice of an "occurrence", claim or i respect to your providing engineering, loss only when the"occurrence", claim or loss is architectural or surveying services in your known to: capacity as an engineer, architect or surveyor_ (1) You,if you are an individual; (2) A partner, if you are a partnership; SECTION III — LIMITS OF INSURANCE AMEND- (3) An executive officer or insurance manager,if MENTS you are a corporation;or A. Damage To Premises Rented To You (4) A member or manager, if you are a limited Paragraph S.is replaced by the following: liability company. Otherinsurance 6. Subject to Paragraph 5.above, the most we will B. - pay under Coverage A for damages because of Item 4. Other Insurance, b. Excess Insurance (1) "property damage" to any one premises, while (a)(11)is replaced by the following: rented to you, or in the case of damage by fire, (ii) That is fire, lightning, explosion or sprinkler leak- lightning, explosion or sprinkler leakage, while age insurance for premises rented to you or rented to you or temporarily occupied by you temporarily occupied by you with permission of with permission of the owner is the greater of: the owner; a. $300,000;or C. Unintentional Failure To Disclose Hazards b. The amount shown next to the Damage To Item 6. Representations is replaced by the Premises Rented To You Limit in the Decla- following: rations. 6. Representations And Unintentional Failure However,the provisions of this paragraph do not To Disclose Hazards apply if Damage To Premises Rented To You a. By accepting this policy, you agree: Coverage is excluded by endorsement. (1) The statements in the Declarations are B. Medical Expense Limit accurate and complete; Paragraph 7. is replaced with the following: (2) Those statements are based upon 7. Subject to Paragraph 5.above, the most we will representations you made to us;and pay under Coverage C for all medical expenses (3) We have issued this policy in reliance because of"bodily injury' sustained by any one upon your representations_ person is the greater of: b. If you unintentionally fail to disclose any haz- a. $10,000;or ards existing at the inception date of your b. The amount shown next to the Medical Ex- policy, we will not deny coverage under this pense Limit in the Declarations. Coverage Part because of such failure. However, this provision does not affect our This insurance does not apply if coverage for right to collect additional premium or exer- Medical Expenses is excluded either by the pro- cise our right of cancellation or non-renewal. visions of the coverage part or by endorsement. WN GL 39 0715 Includes copyrighled material of the Insurance Service Office,Inc.,with its permission. Page 9 of 1'6 D. Waiver of Subrogation SECTION V—DEFINITIONS AMENDMENTS Item S. Transfer of Rights of Recovery Against A. Insured Contract Amended Others to Us is hereby amended by the addition of the following: Paragraph 9.a.is replaced by the following: We waive any right of recovery we may have be- a. A contract for a lease of premises. However, cause of payments we make for injury or damage that portion of the contract for a lease of prem- arising out of your ongoing operations or"your work" ises that indemnifies any person or organization done under a written contract, executed prior to loss, for damage by fire, lightning, explosion or spdn- requiring such waiver with that person or organiza- kler leakage to premises while rented to you or tion and included in the "products-completed opera- temporarily occupied by you with permission of tions hazard". However, our rights may only be the owner is not an"Insured contract"; waived prior to the "occurrence" giving rise to the B. Personal And Advertising Injury Redefined injury or damage for which we make payment under Paragraph 14. d. and e. are replaced by the follow- this Coverage Part. The insured must do nothing ing: after a loss to impair our rights. At our request, the insured will bring "suit" or transfer those rights to us d. Oral, written, televised, videotaped or electronic and help us enforce those rights. publication of material that slanders or libels a person or organization or disparages a person's or organization's goods,products or service; e. Oral, written, televised, videotaped or electronic publication of material that violates a person's right of privacy; WN GL 39 0715 Includes copyrighted material of the Insurance Service Oftice,Inc.,with Its permission. Page 10 of 10 POLICY NUMBER:CPP 1001514 08 COMMERCIAL GENERAL LIABILITY CG 26 03 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): PER WRITTEN CONTRACT OF AGREE- MENT WHERE YOU AGREED TO PRO- VIDE A SEPARATE GENERAL AGGRE- �GATE LIMIT OR EACH PROJECT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. For all sums which the insured becomes le- gate Limit for that designated construction gally obligated to pay as damages caused by project. Such payments shall not reduce "occurrences" under Section I - Coverage A, the General Aggregate Limit shown in the and for all medical expenses caused by accl- Declarations nor shall they reduce any dents under Section 1 - Coverage C. which other Designated Construction Project can be attributed only to ongoing operations General Aggregate Limit for any other at a single designated construction project designated construction project shown in shown in the Schedule above: the Schedule above. 1. A separate Designated Construction Proj- 4. The limits shown in the Declarations for ect General Aggregate Limit applies to Each Occurrence, Damage To Premises each designated construction project, and Rented To You and Medical Expense that limit is equal to the amount of the continue to apply. However, instead of General Aggregate Limit shown in the being subject to the General Aggregate Declarations. Limit shown in the Declarations, such 2. The Designated Construction Project Gen- limits will be subject to the applicable eral Aggregate Limit is the most we will Designated Construction Project General pay for the sum of all damages under Aggregate Limit. Coverage A, except damages because of B. For all sums which the insured becomes "bodily injury" or "property damage" legally obligated to pay as damages caused by included in the "products-completed oper- "occurrences" under Section I - Coverage A, ations hazard", and for medical expenses and for all medical expenses caused by under Coverage C regardless of the accidents under Section I - Coverage C. number of; which cannot be attributed only to ongoing a. Insureds; operations at a single designated construction b. Claims made or "suits" brought; or project shown in the Schedule above:1, An C. Persons or organizations making y payments made under Coverage A for damages or under Coverage C for claims or bringing "suits". medical expenses shall reduce the amount 3. Any payments made under Coverage A available under the General Aggregate for damages or under Coverage C for Limit or the Products-completed Opera- medical expenses shall reduce the Desig- tions Aggregate Limit, whichever is ap- nated Construction Project General Aggre- plicable; and CG 25 03 05 09 * Insurance Services Office, Inc., 2008 Page 1 of 2 POLICY NUMBER:UMB 1000189 08 COMMERCIAL LIABILITY UMBRELLA CU 24 03 09 00 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL LIABILITY UMBRELLA COVERAGE PART SCHEDULE Name Of Person Or Organization: ALL PARTIES WHERE SPECIFICALLY REQUIRED IN A WRITTEN CONTRACT OR AGREEMENT RELATED TO THE WORK OF THE INSURED. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The Transfer Of Rights Of Recovery Against Others To Us Condition under Section IV - Conditions is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown In the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CU 24 03 09 00 Copyright, Insurance Services Office, Inc., 2000 Page 1 of 1 Policy#CPP100082009 WN CA 27 06 16 BUSINESS AUTO ENHANCEMENT ENDORSEMENT The Business Auto Enhancement Endorsement Is an optional endorsement that provides coverage enhancements. The following is a summary of broadened coverages provided by this endorsement. No coverage is provided by this summary, refer to following endorsement for changes in your policy. SUMMARY OF COVERAGES PAGE Accidental Airbag Deployment Coverage 4 Auto Loan/Lease Gap Coverage 4 Blanket Additional Insured 2 Blanket Waiver of Subrogation 5 Broadened Definition of Insured includes: • Newly Acquired Organizations for up to 180 Days 2 • Employees as Insureds 2 • Subsidiaries in Which You Own 50%or More 2 Deductible Waiver for Glass Repair 3 Employee Hired Auto 2.5 Fellow Employee Coverage 3 Hired Auto Physical Damage Coverage 4 Knowledge of Accident,Claim, Suit or Loss 5 Loss Of Use Expenses-Amended 3 Personal Effects 3 Rental Reimbursement Coverage 4 Supplementary Payments-Amended: • Bail Bonds up to$5,000 2 • Loss of Earnings up to$5001Day 2 Transportation Expense Limits—Amended 3 Unintentional Failure to Disclose Hazards 5 WN CA 27 0616 Includes copyrighted material of Insurance Services Office,with its permission Page 1 of 5 WNCA270616 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BUSINESS AUTO ENHANCEMENT ENDORSEMENT This endorsement modifies the insurance provided under the following: BUSINESS AUTO COVERAGE FORM .With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified j by this endorsement. The SECTIONS of the Business Auto Coverage Form identified in this endorsement will be amended as shown below. SECTION II — COVERED AUTOS LIABILITY g. Any "employee" of yours is an "Insured" while COVERAGE AMENDMENTS operating a covered"auto"hired or rented under A. Who Is An Insured a contract or agreement In the "employee's" name, with your permission, while performing SECTION It — COVERED AUTOS LIABILITY duties related to the conduct of your business. COVERAGE, A. Coverage, 1. Who Is An Insured is amended to add: B. Blanket Additional Insured d. Any legally incorporated subsidiary of yours in SECTION II — COVERED AUTOS LIABILITY which you own more than 50% of the voting COVERAGE, A. Coverage, 1. Who Is An Insured, stock on the effective date of this coverage form. paragraph c,is amended to add the following: However, "insured" does not include any Any person or organization who is required under a subsidiary of yours that is an "insured" under written contract or agreement between you and that any other automobile liability policy, or would be person or organization, that is signed and executed an "insured" under such policy but for by you before the "bodily Injury" or "property termination of such policy or the exhaustion on damage"occurs and that is in effect during the policy such policy's limits of Insurance. period, to be named as an additional insured is an "insured" for Liability Coverage, but only for e. Any organization which is newly acquired or damages to which this Insurance applies and only to formed by you and over which you maintain the extent that persons or organization qualifies as majority ownership. However, coverage under an `Insured" under the Who Is An Insured provision this provision: contained in Section ll. (1) is afforded only for the first 180 days after C. Liability Coverage Extensions — Supplementary you acquire or form the organization or until the end of the policy period, whichever Payments comes first; SECTION II — COVERED AUTOS LIABILITY 2 does not apply to "bodily Injury"or" roe COVERAGE, A. Coverage, 2. Coverage ( ) pp y y "property Extensions, a. Supplementary Payments is damage"that results from an"accident"that amended by replacing subparagraphs (2) and (4) occurred before you formed or acquired the organization; with the following: (3) does not apply to any newly acquired or (2) Up to $5,000 for cost of bail bonds (including formed organization that is a joint venture or bonds for related traffic law violations) required partnership;and because of an accident we cover. We do not (4) does not apply to an "insured" under any have to furnish these bonds. other automobile liability (4) All reasonable expenses incurred by the "Ensured policy, or would r- "insured" at our request, including actual loss of mi nation of such policy or the exhaustion of under such a policy but for ter- earnings up to $500 a day because of time off ur from work. such policy's limits of insurance. f. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. WN CA 27 06 16 Includes copyrighted material of Insurance Services Office,with its permission Page 2 of 6 D. Fellow Employee Coverage D. Glass Repair—Deductible Waiver SECTION II — COVERED AUTOS LIABILITY SECTION III — PHYSICAL DAMAGE COVERAGE, COVERAGE, B. Exclusions, 6. Fellow Employee, A. Coverage, 3. Glass Breakage—Hitting A Bird i the following is added: Or Animal — Falling Objects Or Missiles, is Co-Employee Lawsuit Defense Cost amended by adding the following: Reimbursement No deductible will apply to glass breakage if such If a suit seeking damages for "bodily injury" to any glass is repaired, in a manner acceptable to us, fellow"employee"of the"insured" arising out of and rather than replaced. in the course of the fellow"employee's"employment E. Hired Auto Physical Damage or while performing duties related to the conduct of SECTION III — PHYSICAL DAMAGE COVERAGE, your business, or a suit seeking damages brought A.Coverage is amended by adding the following; by the spouse, child, parent, brother or sister of that fellow "employee", is brought against you, we will S. Hired Auto Physical Damage reimburse reasonable costs that you incur in the If hired "autos" are covered "autos" for Liability defense of such matters. Any reimbursement made Coverage and if Comprehensive, Specified pursuant to this sub-section will be in addition to the Causes of Loss, or Collision coverages are pro- limits of liability set forth in the Declarations, vided under this coverage form for any "auto'' you own, then the Physical Damage Coverages SECTION III — PHYSICAL DAMAGE COVERAGE provided are extended to"autos"you hire of like AMENDMENTS kind and use, subject to the following: A. Transportation Expense—Limits Amended a. The most we will pay for any one "loss" is SECTION III — PHYSICAL DAMAGE COVERAGE, $50,000 or the actual cash value or cost to A. Coverage, 4. Coverage Extensions, a. Trans- repair or replace, whichever is less, minus adeductible; portatlon Expenses is amended by replacing $20 per day/$600 maximum limit with $50 per day/$1000 b. The deductible will be equal to the largest maximum. deductible applicable to any owned "auto" for that coverage. Any Comprehensive B. Hired Auto Physical Damage — Loss Of Use deductible does not apply to "loss" caused Expenses—Limits Amended by fire or lightening; SECTION III — PHYSICAL DAMAGE COVERAGE, c. Hired Auto Physical Damage coverage'Is A. Coverage, 4. Coverage Extensions, b. Loss of excess over any other collectible insurance; Use Expenses is amended by replacing the$20 per and day/$600 maximum limit with $50 per day/$750 d. Subject to the above limit, deductible and maximum limit. excess provisions we will provide coverage C. Personal Effects Coverage equal to the broadest coverage applicable to SECTION III — PHYSICAL DAMAGE COVERAGE, any covered"auto"you own. A. Coverage, 4.Coverage Extensions Is amended If a limit for Hired Auto Physical Damage is by adding the following: indicated in the Declarations, then that limit c. Personal Effects replaces, and is not added to, the$50,000 limit indicated above. We will pay up to $600 for "loss" to personal effects,which are: (1) Owned by an"insured"; and (2) In or on your covered"auto." This coverage applies only in the event of the total theft of your covered"auto." No deductible applies to this coverage WN CA 27 06 16 Includes copyrighted material of Insurance Services Office,with its permission Page 3 of 6 F. Rental Reimbursement G. Accidental Airbag Deployment Coverage SECTION III — PHYSICAL DAMAGE COVERAGE SECTION III — PHYSICAL DAMAGE COVERAGE, A.Coverage,is amended by adding the following: A.Coverage is amended by adding the following: 6. Rental Reimbursement 7. Accidental Airbag Deployment Coverage This coverage applies only to a covered"auto"of We will pay to reset or replace factory installed the private passenger or light truck type as airbag(s) in any covered "auto" for accidental follows: discharge, other than discharge due to a a. We will pay for rental reimbursement collision loss. expenses incurred by you for the rental of a This coverage is applicable only if comprehen- private passenger or light truck type "auto" sive coverage applies to the covered"auto". because of"loss" to a covered private pas- This coverage is excess over any other collecti- senger or light truck type "auto". Payment ble insurance or reimbursement by manufac- applies in addition to the otherwise applica- tureris warranty. ble amount of each coverage you have on a covered private passenger or light truck type H. Auto Loan/Lease Gap Coverage "auto." No deductibles apply to this SECTION III PHYSICAL DAMAGE COVERAGE, coverage. Item A., Coverage, is amended by adding the b. We will pay only for those expenses incurred following: during the policy period beginning 24 hours B. Auto Loan/Lease Gap Coverage after the'loss"and ending, regardless of the policy's expiration, with the lesser of the fol- This coverage applies only to a covered "auto' lowing number of days: described or designated in the Schedule or in the Declarations as including physical damage (1) The number of days reasonably re- coverage. quired to repair or replace the covered private passenger or light truck type In the event of a covered total "loss" to a "auto", if"loss" is caused by theft, this covered "auto" described or designated in the number of days is added to the number Schedule or in the Declarations, we will pay any of days it takes to locate the covered unpaid amount due on the lease or loan for a private passenger or light truck type covered"auto"less: "auto'and return it to you;or a. The amount paid under the Physical (2) 30 days. Damage Coverage Section on the policy; c. Our payment is limited to the lesser of the and following amounts: b. Any: (1) Necessary and actual expenses (1) Overdue lease/loan payments at the incurred, or time of the"loss"; (2) $50 per day, up to a maximum of (2) Financial penalties imposed under a $1,000. lease for excessive use, abnormal wear d. This coverage does not apply while there and tear or high mileage; are spare or reserve private passenger or (3) Security deposits not returned by the light truck type "autos" available to you for lessor; your operations. e. If "loss" results from the total theft of a (4) Costs for extended warranties, Credit Life Insurance, Health, Accident or covered "auto" of the private passenger or Disability Insurance purchased with the light truck type,we will pay under this cover- loan or lease; and age only that amount of your rental reim- (5) Carry-over balances from previous bursement expenses which is not already ry- provided for under SECTION III — loans or leases. PHYSICAL DAMAGE COVERAGE, A. Coverage,4.Coverage Extensions. For the purposes of this Rental Reimbursement coverage, light truck is defined as a truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as the maximum loaded weight the auto is designed to cant'. WN CA 27 06 16 Includes copyrighted material of Insurance Services Offioe,with its permission Page 4 of 5 SECTION IV — BUSINESS AUTO CONDITIONS C. Unintentional Failure to Disclose Hazards AMENDMENTS SECTION IV—BUSINESS AUTO CONDITIONS, B. A. Duties In The Event Of Accident, Claim, Suit Or General Conditions, 2. Concealment, Misrepre- sentation Or Fraud, is amended by adding the Loss Amended following paragraph: SECTION IV—BUSINESS AUTO CONDITIONS, A. If you unintentionally fail to disclose any hazards Loss Conditions, 2. Duties In The Event Of existing at the inception date of the policy, or during Accident, Claim, Suit Or Loss, a. is amended by the policy period in connection with any additional adding the following: hazards, we will not deny coverage under this Cov- This condition applies only when the "accident" or erage Part because of such failure, "loss"is known to: D. Employee Hired Auto (1) You, if you are an individual; SECTION IV—BUSINESS AUTO CONDITIONS, B. (2) A partner, if you are a partnership; General Conditions, 5. Other Insurance, (3) An executive officer or insurance manager, if paragraph b. is deleted and replace by the following: you are a corporation; or b. For Hired Auto Physical Damage Coverage, the (4) A member or manager, if you are a limited following are deemed to be a covered "autos" liability company. you own: But, this section does not amend the provisions (1) Any covered "auto" you lease, hire, rent or relating to notification of police, protection or exami- borrow. nation of the property which was subject to the (2) Any covered "auto" hired or rented by your "loss". "employee" under a contract In that B. Blanket Waiver of Subrogation individual "employee's" name, with your permission, while performing duties related Section IV — BUSINESS AUTO CONDITIONS, A. to the conduct of your business. Loss Conditions, 5. Transfer of Rights of However, an Recovery Against Others to Us, is amended by y"auto"that is leased, hired, rented adding the following exception: or borrowed with a driver is not a covered"auto". However, we waive any right of recovery we may have against any person or organization to the extent required of you by a written contract signed and executed prior to any "accident" or "loss% provided that the "accident" or "loss" arises out of operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. WN CA 27 as 16 Includes copyrighted material of Insurance Services Office,with its permission Page 5 of 6