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HomeMy WebLinkAboutPW12-191 - Amendment - #7 - RH2 Engineering, Inc. - Linda Heights Pump Station Replacement - 12/01/2020Agreement Routing Form KENT For Approvals, Signatures and Records Management This form combines & replaces the Request for Mayor's Signature and Contract Cover Sheet forms. (Print on pink or cherry colored paper)WASHINGToN G oLo.o. Originator: Nancy Yoshitake for Thomas Leyrer Department: Public Works Date Sent: 12t1t20 Date Required 12t3t20 Authorized to Sign: E Director or Designee E Mayor Date of Council Approval: N/A Budget Account Number: s20046 Budget? EYes ENo Grant? EYes ENo Type: c .9+,o ELorh E +tco EgoLol Vendor Name: RH2 Engineering, lnc Category: Contract Vendor Number:Sub-Category: Amendment 7 project rur". Linda Heights Pump Station project Detaits,EXt€nd the time of completion Agreement Amount,$0 start Date: 1211l2O Basis for Selection of Contractor: Termination Date:12131t21 v Local Business? EYes E No* *lf meets requirements per KCC 3.70.100, please complete "Vendor Purchase-Local Exceptions" form on Cityspace. Notice required prior to disclosure? EYes E No Contract Number: PW12-191 gl tr P)o asage,iog .9UI Date Received by city Arrorney:Comments: Date Routed to the Mayor's Office: Date Routed to the City Clerk's Office: ad(W22173 1 20 Visit Documents.KentwA.govto obtain copies of all agreements KENT WASHINGToN AMENDMENT NO. 7 NAME OF CONSULTANT OR VENDOR:RH2 Enqineerinq, Inc. CONTRACT NAME & PROJECT NUMBER:Linda Heiqhts Pumo Station Reolacement ORIGINAL AGREEMENT DATE:June 2O, 2O12 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 fha nrininal Anraarnant nr nrinr Arnenrlrnentc nnt inconsistent with this Amendment shall remain!r rv vr rYrr rsr , r9r ler in full force and effect. For valuable consideration and by mutual consent of the parties, Consultant or Vendor's work is modified as follows: 1. Section I of the Agreement, entitled "Description of Work," is hereby modified to add additional work or revise existing work as follows: In addition to work required under the original Agreement and any prior Amendments, the Consultant or Vendor shall: No change to the scope of work, however an amendment is needed to extend the time of completion to December 31, 2O2L due to the project will not be completed by the time of contract completion. 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, including applicable WSST $138,600 Net Change by Previous Arnendnrenis including a pplicable WSST +JttrouJ Current Contract Amount including all previous amendments $177,203 Current Amendment Sum $o Applicable WSST Tax on this Amendment $o Revised Contract Sum $177,2O3 AMENDMENT-1OF2 Original Time for Completion (insert date) 5l3t/13 Revised Time for Completion under prior Amendments (insert date) 12131120 Add'l Days Required (*) for this Amendment 365 calendar days Revised Time for Completion (insert date) 12l3il2t 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 Arnendment, 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: By / eg,"r/ (signature) Print Name: Geoffrey G. Dillard, PE Its Director DATE:t/2.) CITY OF KENTr By (signature) Print Name: Carla Maloney, P.E.Its Desiqn Enqineerinq Manaqer ftitlel DArE: 12/L/2020' ATTEST: U*&^ffi Kent City Clerk APPROVED AS TO FORMI (applicable if Mayor's signature reguired) Kent Law Department RHz - Linda Heiqhts Amd TL€y.€r AMENDMENT-2OF2 DATE (MM'DD/YYYY) 05t06t2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT lf the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. lf SUBROGATION lS WAIVED, subject to the torms and conditions of the policy, certain policies may require an endotsement. A statement on this certificate does not confer righb to the cortificate holder in lieu of such endorsement(s). PRODUCER Sammamish lnsurance, lnc. 704228lhAve NE, PMB 373 Sammamish wA 98074 ftR$Il" Jona Bolin ljlP\t" -*,. (425) 8e8-8780 FAXlArC Ndl:(425) 836-2865 JonaBolin@msn,com INSURER{SI AFFORDING COVERAGE NAIC # tNsuRERA: Ohio Security lnsurance Company 24082 INSURED RH2 Engineering lnc 22722291h DrSE Ste 210 Buthell WA 98021 tNsuRER B . The Ohio Casualty lnsurance Company 24074 tNsuRER c . Continental Casualty Company 20443 INSIIRER D: INSURER E INSURER F : COVERAGES CERTIFIGATE OF LIABILITY INSURANCE CERTTFTCATENUMBER: C120ss03609 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. NOTWTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTH 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. INSK LTR TYPE OF INSURANCE tNcn lWN POLICY NUMBER tsULIUY ETF IMM'DD/YYYY-I tsULIUT EAT IMM/DD'YYYYI LIMITS A COMMERCIAL GENERAL LIABILIW .LATMS-MADE lX o""r* LIi'ITAPPLIES PER: 5F& l-1'o" B,Z557962270 05t2st2020 05t2912021 EACH OCCURRENCE $ 2,000,000 DAIVIAGI IO REN I EU PREMISES tEa o6urenc)s 2,000,000 MED EXP lAnv on6 oerson)$ '15,000 PERSONAL & ADV INJURY s 2,000,000 GENERAL AGGREGATE s 4,000,000 PRODUCTS - COMP/OPAGG s 4,000,000 Employers Liability $ 2,000,000 A AUTOMOBILE LIABILIW ANY AUTO OvviiED AUTOS ONLY HIRED AUTOS ONLY OUNEUULEU AUTOS NON-O\AAED AUTOS ONLY tsAsb /9622 /0 05i2vi2O2O 05i29i202i $ 1,000,000 BODILY INJURY (Per person)$ BODILY INJURY (Per a6ident)$ $ $ B x UMBRELLA LIAB EXCESS LIAA OCCUR CLAIIVIS-MADE us057962270 0512912020 05t29t2021 EACH OCCURRENCE $ 2,000,000 AGGREGATE s 2,000,000 DFI)1 0,000 s WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/N OFFICER/MEI\iIBER EXCLUDED? (Mandatory ln NH) lf yes, describe under DESCRIPTION OF OPERATIONS below NIA PER STATI.ITE OTH.trP E r EAaU AnathtriiT E.L. DISEASE - EA EMPLOYEE F I DISEASE - POLICY LIMIT $ c Professional Liability Deductible $200,000 Per Claim AEH004312321 05t29t2020 05t2912021 Per Claim Aggregate 3,000,000 5,000,000 DESCRTPTTON OF OPERATTONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be aftached lf more space is requir€dl The certificate holder is named as additional insured automatically when required by contract per 8P7996 (General Liability) and AC8501 (Auto Liability). CERTIFICATE HOLDER CANCELLATION City of Kent 400 \ /est Gowe Kent wA 98032 SHOULD ANY OF THE ABOVE DESCRIBEO POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Jz*dAr'- @ 1988-2015 ACORD CORPORAIION. All rights reserved' The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) BUSINESSOWNERS BP 79 96 09 {6 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BUSINESSOWNERS LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM - Below is a summarization of the coverages provided by this endorsement. = summary. Actual coverage descriptions are within this endorsement. -==!-!- - SECTION SUBJECT No coverages are given by this A.Supplementary Payments Bail Bonds Loss Of Earnings Broadened Coverage For Damage To Premises Rented To You lncidental Medical Malpractice lnjury Mobile Equipment Blanket Additional lnsured (Owners, Contractors Or Lessors) Newly Formed Or Acquired Organizations Aggregate Limits Duties ln The Event Of Occurrence, Offense, Claim Or Suit Liability And Medical Expenses Definitions Bodily lnjury lnsured Contract Personal And Advertising lnjury Section ll - Liability is amended as follows: A. Supplementary Payments Section A.1. Business Liability is modified as follows: 1. The $250 limit shown in Paragraph A.l.f.(lxb) Coverage Extension -Supplementary Payments for the cost of bail bonds is replaced by a $3,000 limit. 2. The $250 limit shown in Paragraph A.l.f.(lxd) Goverage Extension - Supplementary Payments for reasonable expenses and loss of earnings is replaced by a $500 limit. B. Broadened Goverage For Damage To Premises Rented To You 1. The last paragraph of Section B.1. Exclusions - Applicable To Business Liability Coverage is replaced by the following: Wth respect to the premises which are rented to you or temporarily occupied by you with the permis- sion of the owner, Exclusions c., d., e., g,, h., k., 1., m., n. and o. do not apply to "property damage". B. c. D. E. F. G. H. t. @ 2016Liberty Mutual lnsurance lncludes copyrighted material of lnsurance Services Offlce, lnc., with its permissionBP 79 96 09 16 Page 1 of 4 2. Paragraph D.2. Liability And Medical Expenses Limits Of lnsurance is replaced by the following: The most we will pay under this endorsement for the sum of all damages because of all "property damage" to premises while rented to you or temporarily occupied by you with the permission of the owner is the Limit of lnsurance shown in the Declarations. 3. Paragraph D.3. Liability And Medical Expenses Limits Of lnsurance does not apply. C. lncidental Medical Malpractice Injury 1. Paragraph (4) under Paragraph B.1.j. Exclusions -Applicable To Business Liability Coverage -Profes- sional Services does not apply to "lncidental Medical Malpractice lnjury" coverage. 2. \Mth respect to this endorsement, the following is added to Section F. Liability And Medical Expenses Definitions: a. "lncidental Medical Malpractice lnjury" means bodily injury arising out of the rendering of or failure to render, during the policy period, the following services: t,ll l\rladinal cr rrainal danlal v-ra\, ^r nr rreinn conrina nr freafmonf nr lha fr rrnic,hina of food orI ry rrrvvrvsr, ss,Y,ve,' beverages in connection therewith; or (21 The furnishing or dispensing of drugs or medical, dental or surgical supplies or appliances. b. This coverage does not apply to: (1) Expenses incurred by the insured for first-aid to others at the time of an accident and the Duties in the Event of Occurrence, Offense, Claim or Suit Condition is amended accordingly. (21 Any insured engaged in the business or occupation of providing any of the services described under a. above. (3) lnjury caused by any indemnitee if such indemnitee is engaged in the business or occupation of providing any of the services described under a. above. D. Mobile Equipment Section G. Who ls An Insured is amended to include any person driving "mobile equipment" with your permission. E. Blanket Additional lnsured (Owners, Gontractors Or Lessors) 1. Section G. Who ls An lnsured is amended to include as an insured any person or organization whom you are required to name as an additional insured on this policy under a written contract or written agreement. The written contract or agreement must be: a. Currently in effect or becoming effective during the term of this policy; and b. Executed prior to the "bodily injury", "property damage", or "personal and advertising injury". 2. The insurance afforded to the additional insured is limited as follows: a. The person or organization is only an additional insured with respect to liability arising out of: (1) Real property, as described in a written contract or written agreement, you own, rent, lease, maintain or occupy; and (2) Caused in whole or in part by your ongoing operations performed for that insured. b. The Limit of lnsurance applicable to the additional insured are those specified in the written contract or written agreement or the limits available under this policy, as stated in the Declara- tions, whichever are less. These limits are inclusive of and not in addition to the Limit of lnsurance available under this policy. c. The insurance afforded to the additional insured does not apply to: (1) Liability arising out of the sole negligence of the additional insured; (21 "Bodily injury", "property damage", "personal and advertising injury", or defense coverage under the Supplementary Payments section of the policy arising out of an architect's, en- gineer's or surveyor's rendering of or failure to render any professional services including: o ZOtOLiberty Mutual lnsurance lncludes copyrighted material of lnsurance Services Office, lnc., with its permission.BP 79 96 09 16 Page 2 ol 4 - (a) The preparing or approving of maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and (b) Supervisory, inspection, architectural orengineering activities. (3) Any "occurrence" that takes place after you cease to be a tenant in the premises described in the Declarations; or (4) Structural alterations, new construction or demolition operations performed by or for the person or organization designated in the Declarations. 3. Any coverage provided hereunder shall be excess over any other valid and collectible insurance avail- able to the additional insured whether primary, excess, contingent or on any other basis unless a contract specifically requires that this insurance be primary or you request that it apply on a primary basis. F. Newly Formed Or Acquired Organizations The following is added to Section C. Who ls An lnsured: Any business entity acquired by you or incorporated or organized by you under the laws of any individual state of the United States of America over which you maintain majority ownership interest exceeding fifty percent. Such acquired or newly formed organization will qualify as a Named lnsured if there is no similar insurance available to that entity. However: 1. Coverage under this provision is afforded only until the 180th day after the entity was acquired or incorporated or organized by you or the end of the policy period, whichever is earlier; 2. Section A.1. Business Liability does not apply to: a. "Bodily injury" or "property damage" that occurred before the enti$ was acquired or incorporated or organized by you; and b. "Personal and advertising injury" arising out of an offense committed before the enti$ was ac- quired or incorporated or organized by you. 3. Records and descriptions of operations must be maintained by the first Named lnsured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named lnsured in the Declarations. G. Aggregate Limits The following is added to Paragraph D.4. Aggregate Limits Liability and Medical Expenses Limits Of lnsurance: 1. The Aggregate Limits apply separately to each of the "locations" owned by or rented to you or temporarily occupied by you with the permission of the owner. 2. The Aggregate Limits also apply separately to each of your projects away from premises owned by or rented to you. For the purpose of this endorsement only, "location" means premises involving the same or connect- ing lots, or premises whose connection is interrupted only by a street, roadway, waterway or right- of-way of a railroad. H. Duties ln The Event Of Occurrence, Offense, Claim Or Suit 1. Paragraph E.2.a. Duties ln The Event Of Occurrence, Offense, Glaim Or Suit Liability And Medical Expenses General Condition applies only when the "occurrence" is known to any insured listed in Paragraph C.1. Who ls An lnsured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim. 2. Paragraph E.2.b. Duties ln The Event Of Occurrence, Offense, Glaim Or Suit Liability And Medical Expenses General Condition will not be considered breached unless the breach occurs after such claim or "suit" is known to any insured listed under Paragraph G.1. Who ls An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim. @ 2016Liberty Mutual lnsurance lncludes copyrighted material of lnsurance Services Office, lnc., with its permission.BP 79 96 09 16 Page 3 of 4 I.Section F. Liability And Medical Expenses Definitions is modified as follows: 1. Paragraph F.3. is replaced by the following: 3. "Bodily lnjury" means bodily injury, sickness, disease, or incidental medical malpractice injury sustained by a person, and includes mental anguish resulting from any of these; and including death resulting from any of these at any time. Paragraph F.9. is replaced by the following 9. "lnsured contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of prem- ises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; b. A sidetrack agreement; a A nrr aacamanf nr linanco anraamonl avncnt in nnnnanlian with nnnctrt tetion or demolition operations on or within 50 feet of a railroad; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indem- nification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization, provided the "bodily injury" or "property damage" is caused, in whole or in part, by you or by those acting on your behalf. However, such part of a contract or agreement shall only be considered an "insured contract" to the extent your assumption of the tort liability is permitted by law. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. n^-^--^-L I l^^^ -^r ;^^l' 'i^ lL^+ ^^* ^f ^-.' ^^alraal ^r ^^r ^m^h+.ratagtcrPil t. uvEJ ilvr iltvruuE urat yarr vr qrry wrruqvr vr qvrgslrrsrrr. (1) That indemnifies a railroad for "bodily injury" or "property damage" arising out of con- struction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road-beds, tunnel, underpass or crossing; (21 That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opin- t:-rJ --r^-- ^L---^ ^-l--- -- l-^..,:-^^ ^^l ^^^^:3:^^+;^-^.tons, tepurts, l'utvcys, llE'tu uluEls, ulrailgE uluvls ul urcrwilrg- ailu JPeuilruaUvrro, vr (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (3) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (2) above and supervisory, inspection, architectural or engineering activities. 3, Paragraph F.14,b. Personal And Advertising Injury is replaced by the following: b. Malicious prosecution or abuse of process; 2 o zot0Liberty Mutual lnsurance lncludes copyrighted material of lnsurance Services Office, lnc., with its permission.BP 79 96 09 16 Page 4 of 4 COMMERCIAL AUTO AC 85 01 06 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. lf the policy to which this endorsement is attached also contains a Business Auto Coverage Enhancement Endorsement with a specific state named in the title, this endorsement does not apply to vehicles garaged in that specified state. COVERAGE INDEX SUBJECT PROVISION NUMBER ACCIDENTAL AIRBAG DEPLOYMENT ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS AMENDED FELLOW EMPLOYEE EXCLUSION AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVEMGE BODILY INJURY REDEFINED EMPLOYEES AS INSUREDS (lncluding Employee Hired Auto) EXTRA EXPENSE - BROADENED COVERAGE GLASS REPAIR - WAIVER OF DEDUCTIBLE HIRED AUTO COVERAGE TERRITORY HIREDAUTO PHYSICAL DAMAGE (lncluding Employee Hired Auto) LOAN / LEASE GAP (Coverage Not Available ln New York) NEWLY FORMED OR ACQUIRED SUBSIDIARIES PARKED AUTO COLL|S|ON COVEMGE (WA|VER OF DEDUCTTBLE) PERSONAL EFFECTS COVERAGE PHYSICAL DAMAGE - ADDITIONAL TRANSPORTATION EXPENSE COVERAGE PHYSICAL DAMAGE DEDUCTIBLE - VEHICLETRACKING SYSTEM PRIMARY AND NON-CONTRIBUTORY - WRITTEN CONTRACT OR WRITTEN AGREEMENT RENTAL REIMBURSEMENT SUPPLEMENTARY PAYMENTS TOWNG AND LABOR TRAILERS - INCREASED LOAD CAPACITY TWO OR MORE DEDUCTIBLES UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS WAIVER OF TRANSFER OF RIGHTS OF RECOVERYAGAINST OTHERS TO US SECTION I - COVERED AUTOS is amended as follows: 1. TRAILERS. INCREASED LOAD CAPACITY The following replaces Paragraph G.l. Gertain Trailers, Mobile Equipment And Temporary Substitute Autos of SECTION l- COVERED AUTOS: "Trailers" with a load capacity of 3,000 pounds or less designed primarily for travel on public roads. 13 4 21 6 15 25 3 11 17 23 7 16 2 18 12 9 14 24 10 5 8 1 19 20 22 @ ZOll Liberty Mutual lnsurance lncludes copyrighted material of lnsurance Services Office lnc., with its Permission.AC 85 01 06 18 Page I of 7 SECTION ll - LIABILITY COVERAGE is amended as follows: 2. NEWLY FORMED OR ACQUIRED SUBSIDIARIES SECTION ll - LIABILITY COVERAGE, Paragraph A.1. - Who ls An lnsured is amended to include the following as an "insured": d. Any legally incorporated subsidiary of which you own more than 50 percent interest during the policy period. Coverage is afforded only for 90 days from the date of acquisition or formation. However, "insured" does not include any organization that: (1) ls a partnership or joint venture; or (21 ls an "insured" under any other automobile policy except a policy written specificall y to apply in excess of this policy; or (3) Has exhausted its Limit of lnsurance or had its policy terminated under any other automobile PolicY' Coverage under this provision d. does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization. 3. EMPLOYEES AS INSUREDS SECTION ll - LIABILITY COVERAGE, Paragraph A.1. Who ls An lnsured is amended to include the following as an "insured": e. Any "employee" of yours while using a covered "auto" you do not own, hire or borrow but only for acts within the scope of their employment by you. lnsurance provided by this endorsement is excess over any other insurance available to any "employee". f. Any "employee" of yours while operating an "auto" hired or borrowed under a written contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business and within the scope of their employment. lnsurance provided by this endorsement is excess over any other insurance available to the "employee". 4. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT SECTION ll - LIABILITY COVERAGE, Paragraph A.1. Who ls An Insured is amended to include the following as an "insured": g. Any person or organizaiion wiih respeci io the operaiion, mainienance or use of a coveieci "auio", provided that you and such person or organization have agreed in a written contract, written agreement, or permit issued to you by governmental or public authority, to add such person, or organization, or governmental or public authority to this policy as an "insured". However, such person or organization is an "insured": (1) Only with respect to the operation, maintenance or use of a covered "auto"; t2l Only for' "bodily injury" or "property damage" caused by an "accident" which takes place after you executed the written contract or written agreement, or the permit has been issued to you; and (3) Only for the duration of that contract, agreement or permit. The "insured" is required to submit a claim to any other insurer to which coverage could apply for defense and indemnity. Unless the "insured" has agreed in writing to primary noncontributory wording per enhancement number 24, this policy is excess over any other collectible insurance. 5. SUPPLEMENTARY PAYMENTS SECTION ll - LIABILITY COVERAGE, Goverage Extensions, 2.a. Supplementary Payments, Paragraphs (2) and (4) are replaced by the following: l2l Up to $3,000 for cost of bail bonds (including bonds for related traffic violations ) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. @ zoll Liberty Mutual lnsurance lncludes copyrighted material of lnsurance Services Office lnc., with its Permission.AC 85 01 06 18 Page 2 of 7 6. AMENDED FELLOW EMPLOYEE EXCLUSION ln those jurisdictions where, by law, fellow "employees" are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or similar protection, the following provi- sion is added: SECTION ll - LIABILITY, Exclusion 8.5. Fellow Employee does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire if you have workers compensation insurance in force for all of your "employees" at the time of "loss". This coverage is excess over any other collectible insurance. SECTION lll - PHYSICAL DAMAGE COVERAGE is amended as follows: 7. HIRED AUTO PHYSICAL DAMAGE Paragraph A.4. Coverage Extensions of SECTION lll - PHYSICAL DAMAGE COVERAGE, is amended by adding the following: lf hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you own, then the Physical Damage coverages provided are extended to "autos": a. You hire, rent or borrow; or b. Your "employee" hires or rents under a written contract or agreement in that "employee's" name, but only if the damage occurs while the vehicle is being used in the conduct of your business, subject to the following limit and deductible: a. The most we will pay for "loss" in any one "accident" or "loss" is the smallest of: (1) $50'000; or (21 The actual cash value of the damaged or stolen property as of the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality, minus a deductible. b. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. c. Subject to the limit, deductible and excess provisions described in this provision, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. d. Subject to a maximum of $1,000 per "accident", we will also cover the actual loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss. e. This coverage extension does not apply to: (1) Any "auto" that is hired, rented or borrowed with a driver; or (21 Any "auto" that is hired, rented or borrowed from your "employee" or any member of your "employee's" household. Coverage provided under this extension is excess over any other collectible insurance available at the time of "loss". 8. TOWNG AND LABOR SECTION lll - PHYSICAL DAMAGE COVERAGE, Paragraph A.2. Towing, is amended by the addition of the following: We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, "light truck" or "medium truck" is disabled: a. For private passenger type vehicles, we will pay up to $75 per disablement. b. For "light trucks", we will pay up to $75 per disablement. "Light trucks" are trucks that have a gross vehicle weight (GV\ /) of 10,000 pounds or less. c. For "medium trucks" , we will pay up to $150 per disablement. "Medium trucks" are trucks that have agross vehicle weight (GW\| of 10,001 -20,000 pounds. However, the labor must be performed at the place of disablement. @ ZOll Liberty Mutual lnsurance lncludes copyrighted material of lnsurance Services Office lnc., with its Permission.AC 8s 01 06 18 Page 3 of 7 9. PHYSICAL DAMAGE - ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a. Coverage Extensions, Transportation Expenses of SECTION lll - PHYSICAL DAMAGE COVERAGE, is amended to provide a limit of $50 per day and a maximum limit of $1,500. 10. RENTAL REIMBURSEMENT SECTION lll - PHYSICAL DAMAGE COVERAGE, A. Goverage, is amended by adding the following: a. We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of an "auto" because of "accident" or "loss", to an "auto" for which we also pay a "loss" under Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for those ex- penses incurred after the firsl 24 hours following the "accident" or "loss" to the covered "auto." b. Rental Reimbursement requires the rental of a comparable or lessor vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for the period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. c. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your tools and equipment from the covered "auto". This limit is excess over any other collectible insurance. d. This coverage does not apply unless you have a business necessity that other "autos" available for your use and operation cannot fill. e. lf "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Paragraph 4. Coverage Extension. f. No deductible applies to this coverage. g. The insurance provided under this extension is excess over any other collectible insurance. lf this policy also provides Rental Reimbursement Coverage you purchased, the coverage provided by this Enhancement Endorsement is in addition to the coverage you purchased. For the purposes of this endorsement provision, materials and equipment do not include "personal effects" as defined in provision 12.8. 4/, EyrE A EYDENCtr _ ElElrrAntrNtrn l1at\ttrpal?tr Under SECTION lll - PHYSICAL DAMAGE COVERAGE, A. Coverage, we will pay for the expense of returning astolen covered "auto" to you. The maximum amount we will pay is $1,000. 12. PERSONAL EFFEGTSCOVERAGE A. SECTION lll - PHYSICAL DAMAGE COVERAGE, A. Coverage, is amended by adding the following: lf you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen, we wi!! pa;r, without application of a deduetilrle, up to $600 for "personal effects" stolen with the "auto." The insurance provided under this provision is excess over any other collectible insurance. B. SECTION V - DEFINITIONS is amended by adding the following: For the purposes of this provision, "personal effects" mean tangible property that is worn or carried by an "insured." "Personal effects" does not include tools, equipment, jewelry, money or securi- ties. 13. ACCIDENTAL AIRBAG DEPLOYMENT SECTION lll - PHYSICAL DAMAGE COVERAGE, B. Exclusions is amended by adding the following: lf you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for "loss" relating to mechanical breakdown does not apply to the accidental discharge of an airbag. Any insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturer's warranty. However, we agree to pay any deductible applicable to the other coverage or warranty. @ zOlt Liberty Mutual lnsurance lncludes copyrighted material of lnsurance Services Office lnc., with its PermissionAC 85 01 06 18 Page 4 of 7 14. PHYSICAL DAMAGE DEDUCTIBLE - VEHICLE TRACKING SYSTEM SECTION lll - PHYSICAL DAMAGE COVERAGE, D. Deductible, is amended by adding the following: Any Comprehensive Deductible shown in the Declarations will be reduced by 50% for any "loss" caused by theft if the vehicle is equipped with a vehicle tracking device such as a radio tracking device or a global position device and that device was the method of recovery of the vehicle. 15. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION lll - PHYSICAL DAMAGE COVERAGE, B. Exclusions, Paragraph a. of the exception to exclu- sions 4.c. and 4.d. is deleted and replaced with the following: Exclusions 4.c. and 4.d. do not apply to: a. Electronic equipment that receives or transmits audio, visual or data signals, whether or not de- signed solely for the reproduction of sound, if the equipment is: (1) Permanently installed in the covered "auto" at the time of the "loss" or removable from a housing unit that is permanently installed in the covered "auto"; and (21 Designed to be solely operated by use from the power from the "auto's" electrical system; and (3) Physical damage coverages are provided for the covered "auto". lf the "loss" occurs solely to audio, visual or data electronic equipment or accessories used with this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a $100 deductible. 16. LOAN / LEASE GAP COVERAGE (Not Applicable ln New York) A. Paragraph C. Limit Of lnsurance of SECTION lll - PHYSICAL DAMAGE COVERAGE is amended by adding the following: The most we will pay for a "total loss" to a covered "auto" owned by or leased to you in any one "accident" is the greater of the: 1. Balance due under the terms of the loan or lease to which the damaged covered "auto" is subject at the time of the "loss" less the amount of: a. Overdue payments and financial penalties associated with those payments as of the date of the "loss"; b. Financial penalties imposed under a lease due to high mileage, excessive use or abnormal wear and tear; c. Costs for extended warranties, Credit Life lnsurance, Health, Accident or Disability lnsur- ance purchased with the loan or lease; d. Transfer or rollover balances from previous loans or leases; e. Final payment due under a "Balloon Loan"; f. The dollar amount of any unrepaired damage which occurred prior to the "total loss" of a covered "auto"; g. Security deposits not refunded by a lessor; h. All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto"; i. Any amount representing taxes; j. Loan or lease termination fees; or 2. The actual cash value of the damage or stolen property as of the time of the "loss". An adjustment for depreciation and physical condition will be made in determining the actual cash value at the time of the "loss". This adjustment is not applicable in Texas. B. Additional Gonditions This coverage applies only to the original loan for which the covered "auto" that incurred the "loss" serves as collateral, or lease written on the covered "auto" that incurred the "loss". @ ZOll Liberty Mutual lnsurance lncludes copyrighted material of lnsurance Services Office lnc., with its Permission.AC 85 01 06 t8 Page 5 of 7 C. SECTION V - DEFINITIONS is changed by adding the following: As used in this endorsement provision, the following definitions apply: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. A "balloon loan" is one with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment. 17. GLASS REPAIR.WAIVER OF DEDUCTIBLE Paragraph D. Deductible of SEGTION lll - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: No deductible applies to glass damage if the glass is repaired rather than replaced. 18. PARKEDAUTO COLLTSTON COVERAGE (WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION lll - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: The deductible does not apply to "loss" caused by collision to such covered "auto" of the prtvate passenger type or light weight truck with agross vehicle weight of 10,000 lbs. or less asdefined by the manufacturer as maximum loaded weight the "auto" is designed to carry while it is: a. ln the charge of an "insured"; b. Legally parked; and c. Unoccupied. The "loss" must be reported to the police authorities within 24 hours of known damage. The total amount of the damage to the covered "auto" must exceed the deductible shown in the Declarations. This provision does not apply to any "loss" if the covered "auto" is in the charge of any person or organization engaged in the automobile business. 19. TWO OR MORE DEDUCTIBLES Under SEGTION lll - PHYSICAL DAMAGE COVERAGE, if two or more company policies or coverage torms apply to the same "acctdent", the tbilowing appiies to Paragrapn D. Deciuctibie: a. lf the applicable Business Auto deductible is the smaller (or smallest) deductible, it will be waived; or b. lf the applicable Business Auto deductible is not the smaller (or smallest) deductible , it will be reduced by the amount of the smaller (or smallest) deductible; or c. lf the "loss" involves two or more Business Auto coverage forms or policies, the smaller (or cmallcqf) der{rretihlc will hcwaivad For the purpose of this endorsement, company means any company that is part of the Liberty Mutual Group. SECTION lV - BUSINESS AUTO CONDITIONS is amended as follows: 20. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION lV- BUSINESS AUTO CONDITIONS, Paragraph 8.2. is amended by adding the following: lf you unintentionally fail to disclose any hazards, exposures or material facts existing as of the incep- tion date or renewal date of the Business Auto Coverage Form, the coverage afforded by this policy will not be prejudiced. However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to collect additional premium for any such hazard or exposure. @ ZOll Liberty Mutual lnsurance lncludescopyrighted material of lnsuranceServicesOffice lnc.,with its PermissionAC 85 01 06 18 Page 6 of 7 21. AMENDED DUTIES IN THE EVENT OFACCIDENT, CLAIM, SUIT, ORLOSS SECTION lV - BUSINESS AUTO CONDITIONS, Paragraph A.2.a. is replaced in its entirety by the follow- ing: a. ln the event of "accident", claim, "suit" or "loss", you must promptly notify us when it is known to: (1) You, if you are an individual; l2l A partner, if you are a partnership; (3) Member, if you are a limited liability company; (4) An executive officer or the "employee" designated by the Named lnsured to give such notice, if you are a corporation. To the extent possible, notice to us should include: (a) How, when and where the "accident" or "loss" took place; (b) The "insureds" name and address; and (c) The names and addresses of any injured persons and witnesses. 22. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION lV - BUSINESS AUTO CONDITIONS, Paragraph A.5. Transfer Of Rights Of Recovery Against Others To Us, is amended by the addition of the following: lf the person or organization has in a written agreement waived those rights before an "accident" or "loss", our rights are waived also. 23. HIRED AUTO COVERAGE TERRITORY SECTION lV - BUSINESS AUTO CONDITIONS, Paragraph B.7. Policy Period, Coverage Territory, is amended by the addition of the following: l. For "autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the "insured's" responsibility to pay for damages is determined in a "suit", on the merits, in the United States, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with a driver. 24. PRIMARY AND NON-CONTRIBUTING IF REQUIRED BY WRITTEN CONTRACT OR WRITTEN AGREE- MENT The following is added to SEGTION lV - BUSINESS AUTO CONDITIONS, General Conditions, B.5. Other lnsurance and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage is primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1. Such "insured" is a Named lnsured under such other insurance; and 2. You have agreed in a written contract or written agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". SECTION V - DEFINITIONS is amended as follows: 25. BODILY INJURY REDEFINED Under SECTION V - DEFINITIONS, Definition C. is replaced by the following: "Bodi[ injury" means physical injury, sickness or disease sustained by a person, including mental anguish, mental injury, shock, fright or death resulting from any of these at any time. @ ZOll Liberty Mutual lnsurance lncludes copyrighted material of lnsurance Services Office lnc., with its Permission.AC 85 0t 06 18 PageT oI7