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CAG2020-276 - Amendment - #4 - J.A. Brennan Associates, PLLC - Signature Pointe Levee Illustrative Graphics - 08/31/2020
ApprovalOriginator:Department: Date Sent:Date Required: Authorized to Sign: Director or Designee Mayor Date of Council Approval: Grant? Yes No Type:Review/Signatures/RoutingDate Received by City Attorney: Comments: Date Routed to the Mayor’s Office: Date Routed to the City Clerk’s Office:Agreement InformationVendor Name:Category: Vendor Number:Sub-Category: Project Name: Project Details: Agreement Amount: Start Date: Basis for Selection of Contractor: Termination Date: Local Business? Yes No* Business License Verification: Yes In-Process Exempt (KCC 5.01.045) If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace. Notice required prior to disclosure? Yes No Contract Number: Agreement Routing Form 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) Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20 Budget Account Number: Budget? Yes No Dir Asst: Sup/Mgr: Dir/Dep: rev. 200821 FOR CITY OF KENT OFFICIAL USE ONLY (Optional) * Memo to Mayor must be attached CAG2020-276 AMENDMENT - 1 OF 2 AMENDMENT NO. 4 NAME OF CONSULTANT OR VENDOR: J.A. Brennan Associates, PLLC CONTRACT NAME & PROJECT NUMBER: Signature Pointe Levee ORIGINAL AGREEMENT DATE: August 31, 2020 This Amendment is made between the City and the above-referenced Consultant or Vendor and amends the original Agreement and all prior Amendments. All other provisions of the original Agreement or prior Amendments not inconsistent with this Amendment shall remain in full force and effect. For valuable consideration and by mutual consent of the parties, Consultant or Vendor’s work is modified as follows: 1.Section I of the Agreement, entitled “Description of Work,” is hereby modified to add additional work or revise existing work as follows: In addition to work required under the original Agreement and any prior Amendments, the Consultant or Vendor shall: Prepare a new perspective drawing and a second illustrative perspective for the project. For a description, see the Consultant's Scope of Work 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 modified as follows: Original Contract Sum, including applicable WSST $13,031 Net Change by Previous Amendments including applicable WSST $15,017 Current Contract Amount including all previous amendments $28,048 Current Amendment Sum $15,131 Applicable WSST Tax on this Amendment $0 Revised Contract Sum $43,179 Original Time for Completion (insert date) l2t3ll20 Revised Time for Completion under prior Amendments (insert date) 12/3u21 Add'l Days Required (*) for this Amendment o calendar days Revised Time for Completion (insert date) t2l3u2t The Consultant or Vendor accepts all requirements of this Amendment by signing below, by its signature waives any protest or claim it may have regarding this Amendment, and acknowledges and accepts that this Amendment constitutes full payment and final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Amendment, including, without limitation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits. This Amendment, unless otherwise provided, does not relieve the Consultant or Vendor from strict compliance with the guarantee and warranty provisions of the original Agreement. All acts consistent with the authority of the Agreement, previous Amendments (if anY), and this Amendment, prior to the effective date of this Amendment, are hereby ratified and affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment shall be deemed to have applied. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. IN WITNESS, the parties below have executed this Amendment, which will become effective on the last date written below. CONSULTANT DORr By: Prin Its me tt- , 4 /21/L#:i:lDATE CITY OF KENT: By (tuL (signature) Print Name: Chad Bieren. P.E. Its Public Works Director (title) DATE:e ATTEST: Kent City Cierk APPROVED AS TO FORM: (applicable if Mayor's signature required) Kent Law Department JA Brennan - Slgnature Pointe Amd 4/Leyrer AMENDMENT-2OF2 i.^.Ar****& March 29,2021 Scope of Work: ILLUSTRATIVE SKETCH Amendment #4 Prepared For: Landscape Architects & Planners 2701 FirstAvenue Suite 510 | Seatde, lfA 98121 206.583'0620 | iabrennan'com Derek Hawkes, P.E., MBA, Design Engineering Supervisor Design Engineering I Public Works Department Thomas Leyrer, P.E. Engineer III Design Engineering I Public Works Department Terry Jungman, Park Planning and Development Manager Park Planning and Dev I Parks, Recreation & Community Services Client: City of Kent Public Works Project Background: Signature Pointe Levee Scope of Work This amendment includes the production of a second illustrative perspective at the East and West Gazebo locations of Signature Pointe to illustrate the potential of different sheet pile wall finishes. The scope also includes a task to support the client as needed for variety ofgraphic production requests. Scope of Work Task ltems: Refer to Exhibit A fee spread sheet for more information. TASK A-Administration and coordination Administation tasks include conhact administration. TASK B-Illustrative review meetines J.A. Brennan has included one meeting to review progrcss on perspective options and to review the draft and final perspective drawings. Meetings will be virtual using Microsoft Teams. Deliverables l. Up to 1 l-hour meeting on Microsoft Teams to review refinements of perspective drawing progfess. J.A. Brennan Associates L of2 SPL lllustrative Sketches Amendment #3 EXHIBIT A TASK C -Additional perspective drawings J.A. Brennan has included limited hours to qeate a second illushative perspective sketch to present a second option at the west and east gazebo locations. Effectively creating two new perspectives' The time is limited to hours to modiff the current graphics at the east and west gazebo, with a different wall treafnent that would be viewed from the Signature Pointe side of the levee floodwall. This finish look will be like the finish of the Briscoe park, built levee wall. Create two sheets with title block with side- by-side view of existing condition and proposed condition. DeHverables: l. 2 rendered perspective sketches of levee with floodwall. Include title block sheet setup and existing condition photograph side by side with proposed condition: a. East gazebo location Option 2 - With Steel Comrgated flood wall exposed and concrete cap. b. West gazebo location Option 2 - With Steel Comrgated flood wall exposed and concrete caP. TASK D -Support as needed J.A. Brennan has included a task that will serve as a force account, only to be used when authorizedby the Client. This task will provide a budget to support city staff as needed with illustrative graphic production for a variety items as requested associated with Signature Pointe Levee project. ILLUSTRATTVE SKETCH ASSUMPTIONS : 1. The fee is time and materials not to exceed. 2. JAB will use in house illustrative title block, sheet size to be determined but will not exceed 30" x 40". 3. The City will provide coordinated review to illustrative graphics. Additional fees will be required for review steps not listed. 4. The City will provide meeting notices, and meeting organization. 5. 1 new perspective sketch will be complete in draft form in 3 weeks from NTP and final complete within 5 weeks fromNTP. 6. City will be responsible for distribution of all documents. 7. Meeting presentation materials are anticipated to be pdf digital image plans ready for mounting on boards. 8. Public Meeting support is not included. J.A. Brennan Associates 2 ol2 SPL lllustrative Sketches Amendment #3 Client: cityofKentProject: Signature Pointe Levee lmprovementsJ.A. BRENNAN ASSOCIATES, PLLClllustrative Sketch Amendment 4Exhibit AGEnd Tot l0.00110.001 1 0_OO248.002AAOO1,228.00g2 nn1.770.OO13,003.00t3-003_oo15,t31.0fotalJ.A. Bcnn4Labr/ExD0.00't10.00,t l o-oo248.00?8001,2A.00542.001.770.OO13.003.0013 003-OO15,13't.0fotalReimbuMbl€0.000.00ooo0.00om0.000.000.000.00ooo0.0Totslo.001 10.00tlo m24a.@,&M1,224.00542.001770M't3.003.0013m3m't5,131.0TotalJAB0'l12?125171't5115l:t5SYAdmin*110 m110o0IDesignerllq8 ooo1I11415707086YDDesignerlqa oo00o16t5l6DCPM3160 00011112242427TWPLAs160.0000o00JBPtc$19s.00000555DESCRIPTIONAdminl.lEtlon, C@rdinttionP6ots €oottsPEErc inrci€sTdellllu.lnthm wiew mmtinor ltlffioft Telma di* S63ionltot8lSEaie 2 F6Declives io EDcent the East and west qazebo loetions - wiih St8el Corugated shst pils mll finishI6hlsuoml{.3 needed huthorlatlon noadodlFom a6unt budo€t to suooort wilh a Edelv of oEohic Drcduclionfot lGrand TotalWORKITEMA12B'lc12DDebt A29nO21DRAFTsildrc Potu - lffiwo SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 3/10/2021 98101 KENT SEATTLE WASEATTLE 601 UNION ST STE 1000 KIBBLE & PRENTICE HOLDING COMPANY Certificate@Hanover.com (888) 835-5675 (866) 828-2424 Allmerica Financial Benefit Hanover Insurance Co Citizens Ins Co of America 41840 22292 31534 4 4 2,000,000 1,000,000 10,000 2,000,000 4,000,000 4,000,000 A 4 4 4 Y N OB2 H519876 00 03/01/2021 03/01/2022 1,000,000 B Y N AW2 H519887 00 03/01/2021 03/01/2022 OB2 H519876 00N 4 2,000,000A A C Architects & Engineers Prof Liab N N LH2 H520779 00 OB2 H519876 00 03/01/2021 03/01/2022 03/01/2021 03/01/2021 03/01/2022 03/01/2022 Employment Practices Liability RE: Signature Point Levee Project. Certificate Holder is an Additional Insured on the General Liability pursuant to the terms and conditions by form 391-1006 and on the Auto Liability pursuant to the terms and conditions by form CA0001. Additional Insured is Primary and Noncontributory to the extent provided by form 391-1003 (pg 79 of 81). WA 98121 WA 98032 J A BRENNAN ASSOCIATES PLLC 2701 1ST AVE STE 510 220 FOURTH AVENUE SOUTH K1 ATTN: NANCY YOSHITAKE CITY OF KENT Claims-Made: $1M Ea Claim/$2M Agg Claims-Made: $25K Agg/ $5K Deductible N 4 OB2 H519876 0901120 1.SECTION I -PROPERTY,if two or more of this coverage part's coverages apply to the same loss or damage,we will not pay more than the actual amount of the loss or damage. 2.SECTION II -LIABILITY,it is our stated intent that the various Coverage Parts, forms,endorsements or policies issued to the named insured by us,or any company affiliated with us,do not provide any duplication or overlap of coverage for the same claim,"suit","occurrence",offense, accident,"wrongful act"or loss.We will not pay more than the actual amount of the loss or damage. If this Coverage Part and any other Coverage Part,form,endorsement or policy issued to the named insured by us, or any company affiliated with us,apply to the same claim,"suit",occurrence, offense,accident,"wrongful act"or loss, the maximum Limit of Insurance under all such Coverage Parts,forms, endorsements or policies combined shall not exceed the highest applicable Limit of Insurance under any one Coverage Part, form,endorsement or policy. This condition does not apply to any Excess or Umbrella Policy issued by us specifically to apply as excess insurance over this policy. G.Liberalization If we adopt any revision that would broaden the coverage under this policy without additional premium within 45 days prior to or during the policy period,the broadened coverage will immediately apply to this policy. H.Other Insurance 1.SECTION I -PROPERTY If there is other insurance covering the same loss or damage,we will pay only for the amount of covered loss or damage in excess of the amount due from that other insurance,whether you can collect on it or not.But,we will not pay more than the applicable Limit of Insurance of SECTION I -PROPERTY. 2.SECTION II -LIABILITY If other valid and collectible insurance is available to the insured for a loss we cover under SECTION II -LIABILITY,our obligations are limited as follows: a.Primary Insurance This insurance is primary except when paragraph b.below applies.If this insurance is primary,our obligations are not affected unless any of the other insurance is also primary.Then, we will share with all that other insurance by the method described in paragraph c.below. However,if you agree in a written contract,written agreement,or written permit that the insurance provided to any person or organization included as an Additional Insured under this Coverage Part is primary and non-contributory,we will not seek contribution from any other insurance available to that Additional Insured which covers the Additional Insured as a Named Insured except: (1)For the sole negligence of the Additional Insured;or (2)When the Additional Insured is an Additional Insured under another liability policy. b.Excess Insurance This insurance is excess over: (1)Any of the other insurance, whether primary,excess, contingent or on any other basis: (a)That is Fire,Extended Coverage,Builder's Risk, Installation Risk or similar coverage for "your work"; (b)That is Property Insurance for premises rented to you or temporarily occupied by you with permission of the owner; (c)That is insurance purchased by you to cover your liability as a tenant for "property damage"to premises rented to you or temporarily occupied by you with permission of the owner;or (d)If the loss arises out of the maintenance or use of aircraft,"autos"or watercraft to the extent not subject to SECTION II -LIABILITY, Exclusion g.Aircraft,Auto or Watercraft;and (2)Any other primary insurance available to you covering liability for damages arising out of the premises or operations,or the products and completed operations,for which you have been added as an additional insured by attachment of an endorsement. When this insurance is excess,we will have no duty under SECTION II - LIABILITY to defend the insured against any "suit"if any other insurer has a duty to defend the insured against that "suit".If no other insurer defends,we will undertake to do so,but we will be entitled to the 391-1003 08 16 Includes copyrighted material of Insurance Services Office,Inc.,with its permission.Page 79 of 81 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESSOWNERS LIABILITY SPECIAL BROADENING ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM This endorsement amends coverages provided under the Businessowners Coverage Form through new coverages and broader coverage grants. This coverage is subject to the provisions applicable to the Businessowners Coverage Form, except as provided below. The following changes are made to SECTION II - LIABILITY: 1.Additional Insured by Contract, Agreement or Permit The following is added to SECTION II - LIABILITY, C. Who Is An Insured: Additional Insured by Contract, Agreement or Permit a.Any person or organization with whom you agreed in a written contract, written agreement or permit to add such person or organization as an additional insured on your policy is an additional insured only with respect to liability for "bodily injury", "property damage", or "personal and advertising injury" caused, in whole or in part, by your acts or omissions, or the acts or omissions of those acting on your behalf, but only with respect to: (1)"Your work" for the additional insured(s) designated in the contract, agreement or permit; (2)Premises you own, rent, lease or occupy; or (3)Your maintenance, operation or use of equipment leased to you. b.The insurance afforded to such additional insured described above: (1)Only applies to the extent permitted by law; and (2)Will not be broader than the insurance which you are required by the contract, agreement or permit to provide for such additional insured. (3)Applies on a primary basis if that is required by the written contract, written agreement or permit. (4)Will not be broader than coverage provided to any other insured. (5)Does not apply if the "bodily injury", "property damage" or "personal and advertising injury"is otherwise excluded from coverage under this Coverage Part, including any endorsements thereto. 391-1006 08 16 Includes copyrighted materials of Insurance Services Offices, Inc., with its permission. Page 1 of 6 SUMMARY OF COVERAGES Limits Page 1.Additional Insured by Contract, Agreement or Permit Included 1 2.Additional Insured - Broad Form Vendors 3.Alienated Premises 4.Broad Form Property Damage - Borrowed Equipment, Customers Goods and Use of Elevators 5.Incidental Malpractice (Employed Nurses, EMT's and Paramedics) 6.Personal and Advertising Injury - Broad Form 7.Product Recall Expense Product Recall Expense Each Occurrence Limit Product Recall Expense Aggregate Limit Product Recall Deductible 8.Unintentional Failure to Disclose Hazards 9.Unintentional Failure to Notify Included Included Included Included Included Included $25,000 $50,000 $500 Included Included 2 3 3 3 4 4 5 5 5 6 6 Aggregate Occurrence OB2 H519876 0901120 c.This provision does not apply: (1)Unless the written contract or written agreement was executed or permit was issued prior to the "bodily injury", "property damage",or "personal injury and advertising injury". (2)To any person or organization included as an insured by another endorsement issued by us and made part of this Coverage Part. (3)To any lessor of equipment: (a)After the equipment lease expires;or (b)If the "bodily injury","property damage","personal and advertising injury"arises out of sole negligence of the lessor. (4)To any: (a)Owners or other interests from whom land has been leased if the "occurrence"takes place or the offense is committed after the lease for the land expires;or (b)Managers or lessors of premises if: (i)The "occurrence"takes place or the offense is committed after you cease to be a tenant in that premises;or (ii)The "bodily injury","property damage","personal injury"or "advertising injury"arises out of structural alterations,new construction or demolition operations performed by or on behalf of the manager or lessor. (5)To "bodily injury","property damage"or "personal and advertising injury"arising out of the rendering of or the failure to render any professional services. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring,employment,training or monitoring of others by that insured,if the "occurrence"which caused the "bodily injury"or "property damage"or the offense which caused the "personal and advertising injury"involved the rendering of or failure to render any professional services by or for you. d.With respect to the insurance afforded to these additional insureds,the following is added to SECTION II -LIABILITY,D.Liability and Medical Expense Limits of Insurance : The most we will pay on behalf of the additional insured for a covered claim is the lesser of the amount of insurance: 1.Required by the contract,agreement or permit described in Paragraph a.;or 2.Available under the applicable Limits of Insurance shown in the Declarations. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations e.All other insuring agreements,exclusions, and conditions of the policy apply. 2.Additional Insured -Broad Form Vendors The following is added to SECTION II - LIABILITY,C.Who Is An Insured: Additional Insured -Broad Form Vendors a.Any person or organization that is a vendor with whom you agreed in a written contract or written agreement to include as an additional insured under this Coverage Part is an insured,but only with respect to liability for "bodily injury"or "property damage" arising out of "your products"which are distributed or sold in the regular course of the vendor's business. b.The insurance afforded to such vendor described above: (1)Only applies to the extent permitted by law; (2)Will not be broader than the insurance which you are required by the contract or agreement to provide for such vendor; (3)Will not be broader than coverage provided to any other insured;and (4)Does not apply if the "bodily injury", "property damage"or "personal and advertising injury"is otherwise excluded from coverage under this Coverage Part, including any endorsements thereto c.With respect to insurance afforded to such vendors,the following additional exclusions apply: The insurance afforded to the vendor does not apply to: (1)"Bodily injury"or "property damage"for which the vendor is obligated to pay damages by reasons of the assumption of liability in a contract or agreement.This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement; (2)Any express warranty unauthorized by you; 391-1006 08 16 Includes copyrighted materials of Insurance Services Offices,Inc.,with its permission.Page 2 of 6 (3)Any physical or chemical change in the product made intentionally by the vendor; (4)Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instruction from the manufacturer, and then repackaged in the original container; (5)Any failure to make such inspection, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business in connection with the sale of the product; (6)Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (7)Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; (8)"Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (a)The exceptions contained within the exclusion in subparagraphs (4)or (6) above; or (b)Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (9)"Bodily injury" or "property damage" arising out of an "occurrence"that took place before you have signed the contract or agreement with the vendor. (10)To any person or organization included as an insured by another endorsement issued by us and made part of this Coverage Part. (11)Any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. d.With respect to the insurance afforded to these vendors, the following is added to SECTION II - LIABILITY, D. Liability and Medical Expense Limits of Insurance: The most we will pay on behalf of the vendor for a covered claim is the lesser of the amount of insurance: 1.Required by the contract or agreement described in Paragraph a.; or 2.Available under the applicable Limits of Insurance shown in the Declarations; This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 3.Alienated Premises SECTION II - LIABILITY, B. Exclusions, 1. Applicable To Business Liability Coverage k. Damage to Property, paragraph (2) is replaced by the following: (2)Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises and occurred from hazards that were known by you, or should have reasonably been known by you, at the time the property was transferred or abandoned. 4.Broad Form Property Damage - Borrowed Equipment, Customers Goods, Use of Elevators a.The following is added to SECTION II - LIABILITY, B. Exclusions, 1.Applicable To Business Liability Coverage, k. Damage to Property: Paragraph (4)does not apply to "property damage" to borrowed equipment while at a jobsite and not being used to perform operations. Paragraph (3), (4)and (6)do not apply to "property damage" to "customers goods" while on your premises nor to the use of elevators. b.For the purposes of this endorsement, the following definition is added to SECTION II - LIABILITY, F. Liability and Medical Expenses Definitions: 1."Customers goods" means property of your customer on your premises for the purpose of being: a.Worked on; or b.Used in your manufacturing process. c.The insurance afforded under this provision is excess over any other valid and collectible property insurance (including deductible) available to the insured whether primary, excess, contingent or on any other basis. 5.Incidental Malpractice - Employed Nurses, EMT 's and Paramedics SECTION II - LIABILITY, C. Who Is An Insured, paragraph 2.a.(1)(d) does not apply to a nurse, 391-1006 08 16 Includes copyrighted materials of Insurance Services Offices, Inc., with its permission. Page 3 of 6 OB2 H519876 0901120 emergency medical technician or paramedic employed by you if you are not engaged in the business or occupation of providing medical, paramedical,surgical,dental,x-ray or nursing services. 6.Personal Injury -Broad Form a.SECTION II -LIABILITY,B.Exclusions,2. Additional Exclusions Applicable only to "Personal and Advertising Injury",paragraph e.is deleted. b.SECTION II -LIABILITY,F.Liability and Medical Expenses Definitions,14."Personal and advertising injury",paragraph b.is replaced by the following: b.Malicious prosecution or abuse of process. c.The following is added to SECTION II - LIABILITY,F.Liability and Medical Expenses Definitions,Definition 14."Personal and advertising injury": "Discrimination"(unless insurance thereof is prohibited by law)that results in injury to the feelings or reputation of a natural person, but only if such "discrimination"is: (1)Not done intentionally by or at the direction of: (a)The insured; (b)Any officer of the corporation, director,stockholder,partner or member of the insured;and (2)Not directly or indirectly related to an "employee",not to the employment, prospective employment or termination of any person or persons by an insured. d.For purposes of this endorsement,the following definition is added to SECTION II - LIABILITY,F.Liability and Medical Expenses Definitions: 1."Discrimination"means the unlawful treatment of individuals based upon race, color,ethnic origin,gender,religion,age, or sexual preference."Discrimination " does not include the unlawful treatment of individuals based upon developmental, physical,cognitive,mental,sensory or emotional impairment or any combination of these. e.This coverage does not apply if liability coverage for "personal and advertising injury"is excluded either by the provisions of the Coverage Form or any endorsement thereto. 7.Product Recall Expense a.SECTION II -LIABILITY,B.Exclusions,1. Applicable To Business Liability Coverage, o.Recall of Products,Work or Impaired is replaced by the following: o.Recall of Products,Work or Impaired Property Damages claimed for any loss,cost or expense incurred by you or others for the loss of use,withdrawal,recall, inspection,repair,replacement, adjustment,removal or disposal of: (1)"Your product"; (2)"Your work";or (3)"Impaired property"; If such product,work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency,inadequacy or dangerous condition in it,but this exclusion does not apply to "product recall expenses" that you incur for the "covered recall"of "your product". However,the exception to the exclusion does not apply to "product recall expenses"resulting from: (4)Failure of any products to accomplish their intended purpose; (5)Breach of warranties of fitness, quality,durability or performance; (6)Loss of customer approval,or any cost incurred to regain customer approval; (7)Redistribution or replacement of "your product"which has been recalled by like products or substitutes; (8)Caprice or whim of the insured; (9)A condition likely to cause loss of which any insured knew or had reason to know at the inception of this insurance; (10)Asbestos,including loss,damage or clean up resulting from asbestos or asbestos containing materials;or (11)Recall of "your products"that have no known or suspected defect solely because a known or suspected defect in another of "your products" has been found. b.The following is added to SECTION II - LIABILITY,C.Who Is An Insured,paragraph 3.b.: "Product recall expense"arising out of any withdrawal or recall that occurred before you acquired or formed the organization. 391-1006 08 16 Includes copyrighted materials of Insurance Services Offices,Inc.,with its permission.Page 4 of 6 Property c.The following is added to SECTION II - LIABILITY,D. Liability and Medical Expenses Limits of Insurance: Product Recall Expense Limits of Insurance a.The Limits of Insurance shown in the SUMMARY OF COVERAGES of this endorsement and the rules stated below fix the most that we will pay under this Product Recall Expense Coverage regardless of the number of: (1)Insureds; (2)"Covered Recalls" initiated; or (3)Number of "your products" withdrawn. b.The Product Recall Expense Aggregate Limit is the most that we will reimburse you for the sum of all "product recall expenses" incurred for all "covered recalls" initiated during the policy period. c.The Product Recall Each Occurrence Limit is the most we will pay in connection with any one defect or deficiency. d.All "product recall expenses " in connection with substantially the same general harmful condition will be deemed to arise out of the same defect or deficiency and considered one "occurrence". e.Any amount reimbursed for "product recall expenses" in connection with any one "occurrence" will reduce the amount of the Product Recall Expense Aggregate Limit available for reimbursement of "product recall expenses" in connection with any other defect or deficiency. f.If the Product Recall Expense Aggregate Limit has been reduced by reimbursement of "product recall expenses" to an amount that is less than the Product Recall Expense Each Occurrence Limit, the remaining Aggregate Limit is the most that will be available for reimbursement of "product recall expenses" in connection with any other defect or deficiency. g.Product Recall Deductible We will only pay for the amount of "product recall expenses" which are in excess of the $500 Product Recall Deductible. The Product Recall Deductible applies separately to each "covered recall". The limits of insurance will not be reduced by the amount of this deductible. We may, or will if required by law, pay all or any part of any deductible amount, if applicable. Upon notice of our payment of a deductible amount, you shall promptly reimburse us for the part of the deductible amount we paid. The Product Recall Expense Limits of Insurance apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for the purposes of determining the Limits of Insurance. d.The following is added to SECTION II - LIABILITY, E. Liability and Medical Expense General Conditions, 2. Duties in the Event of Occurrence, Offense, Claim or Suit: You must see to it that the following are done in the event of an actual or anticipated "covered recall" that may result in "product recall expense": (1)Give us prompt notice of any discovery or notification that "your product" must be withdrawn or recalled. Include a description of "your product" and the reason for the withdrawal or recall; (2)Cease any further release, shipment, consignment or any other method of distribution of like or similar products until it has been determined that all such products are free from defects that could be a cause of loss under this insurance. e.For the purposs of this endorsement, the following definitions are added to SECTION II - LIABILITY, F. Liability and Medical Expenses Definitions: 1."Covered recall" means a recall made necessary because you or a government body has determined that a known or suspected defect, deficiency, inadequacy, or dangerous condition in "your product" has resulted or will result in "bodily injury" or "property damage". 2."Product recall expense(s)" means: a.Necessary and reasonable expenses for: (1)Communications, including radio or television announcements or printed advertisements including stationary, envelopes and postage; 391-1006 08 16 Includes copyrighted materials of Insurance Services Offices, Inc., with its permission. Page 5 of 6 OB2 H519876 0901120 (2)Shipping the recalled products from any purchaser,distributor or user to the place or places designated by you; (3)Remuneration paid to your regular "employees"for necessary overtime; (4)Hiring additional persons,other than your regular "employees"; (5)Expenses incurred by "employees" including transportation and accommodations; (6)Expenses to rent additional warehouse or storage space; (7)Disposal of "your product",but only to the extent that specific methods of destruction other than those employed for trash discarding or disposal are required to avoid "bodily injury" or "property damage"as a result of such disposal, you incur exclusively for the purpose of recalling "your product";and b.Your lost profit resulting from such "covered recall". f.This Product Recall Expense Coverage does not apply: (1)If the "products -completed operations hazard"is excluded from coverage under this Coverage Part including any endorsement thereto;or (2)To "product recall expense"arising out of any of "your products"that are otherwise excluded from coverage under this Coverage Part including endorsements thereto. 8.Unintentional Failure to Disclose Hazards The following is added to SECTION II - LIABILITY,E.Liability and Medical Expenses General Conditions: Representations We will not disclaim coverage under this Coverage Part if you fail to disclose all hazards existing as of the inception date of the policy provided such failure is not intentional. 9.Unintentional Failure to Notify The following is added to SECTION II - LIABILITY,E.Liability and Medical Expenses General Conditions,2.Duties in the Event of Occurrence,Offense,Claim or Suit: Your rights afforded under this Coverage Part shall not be prejudiced if you fail to give us notice of an "occurrence",offense,claim or "suit", solely due to your reasonable and documented belief that the "bodily injury","property damage" or "personal and advertising injury"is not covered under this Policy. ALL OTHER TERMS,CONDITIONS,AND EXCLUSIONS REMAIN UNCHANGED. 391-1006 08 16 Includes copyrighted materials of Insurance Services Offices,Inc.,with its permission.Page 6 of 6 AW2 H519887 0901120 CA 00 01 03 06 Copyright,ISO Properties,Inc.,2005 Page 1 of 12 BUSINESS AUTO COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you"and "your" refer to the Named Insured shown in the Declara - tions.The words "we","us"and "our"refer to the Company providing this insurance. Other words and phrases that appear in quotation marks have special meaning.Refer to Section V - Definitions. SECTION I -COVERED AUTOS Item Two of the Declarations shows the "autos" that are covered "autos"for each of your cover- ages.The following numerical symbols describe the "autos"that may be covered "autos".The sym- bols entered next to a coverage on the Declara- tions designate the only "autos"that are covered "autos". A.Description Of Covered Auto Designation Symbols Symbol Description Of Covered Auto Designation Symbols 1 Any "Auto" 2 Owned "Autos" Only Only those "autos"you own (and for Liability Coverage any "trailers"you don't own while attached to power units you own).This includes those "autos"you acquire ownership of after the policy begins. 3 Owned Private Passenger "Autos"Only Only the private passenger "autos"you own.This includes those private pas- senger "autos"you acquire ownership of after the policy begins. 4 Owned "Autos" Other Than Pri- vate Passenger "Autos"Only Only those "autos"you own that are not of the private passenger type (and for Liability Coverage any "trailers"you don't own while attached to power units you own).This includes those "autos"not of the private passenger type you acquire ownership of after the policy begins. 5 Owned "Autos" Subject To No- Fault Only those "autos"you own that are required to have No-Fault benefits in the state where they are licensed or principally garaged.This includes those "autos"you acquire ownership of after the policy begins provided they are re - quired to have No-Fault benefits in the state where they are licensed or princi- pally garaged. 6 Owned "Autos" Subject To A Compulsory Uninsured Mo- torists Law Only those "autos"you own that because of the law in the state where they are licensed or principally garaged are required to have and cannot reject Uninsured Motorists Coverage.This includes those "autos"you acquire own- ership of after the policy begins provided they are subject to the same state uninsured motorists requirement. 7 Specifically De- scribed "Autos" Only those "autos"described in Item Three of the Declarations for which a premium charge is shown (and for Liability Coverage any "trailers"you don't own while attached to any power unit described in Item Three). 8 Hired "Autos" Only Only those "autos"you lease,hire,rent or borrow.This does not include any "auto"you lease,hire,rent,or borrow from any of your "employees",partners (if you are a partnership),members (if you are a limited liability company)or members of their households. 9 Nonowned "Autos"Only Only those "autos"you do not own,lease,hire,rent or borrow that are used in connection with your business.This includes "autos"owned by your "employ- ees",partners (if you are a partnership),members (if you are a limited liability company),or members of their households but only while used in your busi- ness or your personal affairs. Page 2 of 12 Copyright,ISO Properties,Inc.,2005 CA 00 01 03 06 19 Mobile Equip- ment Subject To Compulsory Or Financial Responsibility Or Other Motor Vehicle Insur- ance Law Only Only those "autos"that are land vehicles and that would qualify under the definition of "mobile equipment"under this policy if they were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where they are licensed or principally garaged. B.Owned Autos You Acquire After The Policy Begins 1.If Symbols 1,2,3,4,5,6 or 19 are entered next to a coverage in Item Two of the Decla - rations,then you have coverage for "autos" that you acquire of the type described for the remainder of the policy period. 2.But,if Symbol 7 is entered next to a cover- age in Item Two of the Declarations,an "auto"you acquire will be a covered "auto" for that coverage only if: a.We already cover all "autos"that you own for that coverage or it replaces an "auto" you previously owned that had that cov- erage;and b.You tell us within 30 days after you ac- quire it that you want us to cover it for that coverage. C.Certain Trailers,Mobile Equipment And Temporary Substitute Autos If Liability Coverage is provided by this Cover- age Form,the following types of vehicles are also covered "autos"for Liability Coverage: 1."Trailers"with a load capacity of 2,000 pounds or less designed primarily for travel on public roads. 2."Mobile equipment"while being carried or towed by a covered "auto". 3.Any "auto"you do not own while used with the permission of its owner as a temporary substitute for a covered "auto"you own that is out of service because of its: a.Breakdown; b.Repair; c.Servicing; d."Loss";or e.Destruction. SECTION II -LIABILITY COVERAGE A.Coverage We will pay all sums an "insured"legally must pay as damages because of "bodily injury"or "property damage"to which this insurance ap- plies,caused by an "accident"and resulting from the ownership,maintenance or use of a covered "auto". We will also pay all sums an "insured"legally must pay as a "covered pollution cost or ex- pense"to which this insurance applies,caused by an "accident"and resulting from the owner- ship,maintenance or use of covered "autos". However,we will only pay for the "covered pol- lution cost or expense"if there is either "bodily injury"or "property damage"to which this in- surance applies that is caused by the same "accident". We have the right and duty to defend any "in- sured"against a "suit"asking for such damages or a "covered pollution cost or expense".How- ever,we have no duty to defend any "insured" against a "suit"seeking damages for "bodily injury"or "property damage"or a "covered pollution cost or expense"to which this insur- ance does not apply.We may investigate and settle any claim or "suit"as we consider appro- priate.Our duty to defend or settle ends when the Liability Coverage Limit of Insurance has been exhausted by payment of judgments or settlements. 1.Who Is An Insured The following are "insureds": a.You for any covered "auto". b.Anyone else while using with your per- mission a covered "auto"you own,hire or borrow except: (1)The owner or anyone else from whom you hire or borrow a covered "auto". This exception does not apply if the covered "auto"is a "trailer"connected to a covered "auto"you own. AW2 H519887 0901120 CA 00 01 03 06 Copyright,ISO Properties,Inc.,2005 Page 3 of 12 (2)Your "employee"if the covered "auto" is owned by that "employee"or a member of his or her household. (3)Someone using a covered "auto" while he or she is working in a busi- ness of selling,servicing,repairing, parking or storing "autos"unless that business is yours. (4)Anyone other than your "employees", partners (if you are a partnership), members (if you are a limited liability company),or a lessee or borrower or any of their "employees",while mov- ing property to or from a covered "auto". (5)A partner (if you are a partnership),or a member (if you are a limited liability company)for a covered "auto"owned by him or her or a member of his or her household. c.Anyone liable for the conduct of an "in - sured"described above but only to the extent of that liability. 2.Coverage Extensions a.Supplementary Payments We will pay for the "insured": (1)All expenses we incur. (2)Up to $2,000 for cost of bail bonds (in - cluding bonds for related traffic law violations)required because of an "accident"we cover.We do not have to furnish these bonds. (3)The cost of bonds to release attach - ments in any "suit"against the "in - sured"we defend,but only for bond amounts within our Limit of Insurance. (4)All reasonable expenses incurred by the "insured"at our request,including actual loss of earnings up to $250 a day because of time off from work. (5)All costs taxed against the "insured" in any "suit"against the "insured"we defend. (6)All interest on the full amount of any judgment that accrues after entry of the judgment in any "suit"against the "insured"we defend,but our duty to pay interest ends when we have paid, offered to pay or deposited in court the part of the judgment that is within our Limit of Insurance. These payments will not reduce the Limit of Insurance. b.Out-Of-State Coverage Extensions While a covered "auto"is away from the state where it is licensed we will: (1)Increase the Limit of Insurance for Li- ability Coverage to meet the limits specified by a compulsory or financial responsibility law of the jurisdiction where the covered "auto"is being used.This extension does not apply to the limit or limits specified by any law governing motor carriers of passen- gers or property. (2)Provide the minimum amounts and types of other coverages,such as no- fault,required of out-of-state vehicles by the jurisdiction where the covered "auto"is being used. We will not pay anyone more than once for the same elements of loss because of these extensions. B.Exclusions This insurance does not apply to any of the fol- lowing: 1.Expected Or Intended Injury "Bodily injury"or "property damage"ex- pected or intended from the standpoint of the "insured". 2.Contractual Liability assumed under any contract or agreement. But this exclusion does not apply to liability for damages: a.Assumed in a contract or agreement that is an "insured contract"provided the "bodily injury"or "property damage"oc- curs subsequent to the execution of the contract or agreement;or b.That the "insured"would have in the ab- sence of the contract or agreement. 3.Workers'Compensation Any obligation for which the "insured"or the "insured's"insurer may be held liable under any workers'compensation,disability bene- fits or unemployment compensation law or any similar law. 4.Employee Indemnification And Employer's Liability "Bodily injury"to: a.An "employee"of the "insured"arising out of and in the course of: (1)Employment by the "insured";or Page 4 of 12 Copyright,ISO Properties,Inc.,2005 CA 00 01 03 06 (2)Performing the duties related to the conduct of the "insured's"business;or b.The spouse,child,parent,brother or sis- ter of that "employee"as a consequence of Paragraph a.above. This exclusion applies: (1)Whether the "insured"may be liable as an employer or in any other capac- ity;and (2)To any obligation to share damages with or repay someone else who must pay damages because of the injury. But this exclusion does not apply to "bodily injury"to domestic "employees"not entitled to workers'compensation benefits or to li- ability assumed by the "insured"under an "insured contract".For the purposes of the Coverage Form,a domestic "employee"is a person engaged in household or domestic work performed principally in connection with a residence premises. 5.Fellow Employee "Bodily injury"to any fellow "employee"of the "insured"arising out of and in the course of the fellow "employee's"employment or while performing duties related to the con - duct of your business. 6.Care,Custody Or Control "Property damage"to or "covered pollution cost or expense"involving property owned or transported by the "insured"or in the "in - sured's"care,custody or control.But this exclusion does not apply to liability assumed under a sidetrack agreement. 7.Handling Of Property "Bodily injury"or "property damage"result - ing from the handling of property: a.Before it is moved from the place where it is accepted by the "insured"for move - ment into or onto the covered "auto";or b.After it is moved from the covered "auto" to the place where it is finally delivered by the "insured". 8.Movement Of Property By Mechanical Device "Bodily injury"or "property damage"result - ing from the movement of property by a me - chanical device (other than a hand truck) unless the device is attached to the covered "auto". 9.Operations "Bodily injury"or "property damage"arising out of the operation of: a.Any equipment listed in Paragraphs 6.b. and 6.c.of the definition of "mobile equipment";or b.Machinery or equipment that is on,at- tached to,or part of,a land vehicle that would qualify under the definition of "mo- bile equipment"if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally ga- raged. 10.Completed Operations "Bodily injury"or "property damage"arising out of your work after that work has been completed or abandoned. In this exclusion,your work means: a.Work or operations performed by you or on your behalf;and b.Materials,parts or equipment furnished in connection with such work or opera- tions. Your work includes warranties or represen- tations made at any time with respect to the fitness,quality,durability or performance of any of the items included in Paragraph a.or b.above. Your work will be deemed completed at the earliest of the following times: (1)When all of the work called for in your contract has been completed. (2)When all of the work to be done at the site has been completed if your con- tract calls for work at more than one site. (3)When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or sub- contractor working on the same proj- ect. Work that may need service,maintenance, correction,repair or replacement,but which is otherwise complete,will be treated as completed. 11.Pollution "Bodily injury"or "property damage"arising out of the actual,alleged or threatened dis- charge,dispersal,seepage,migration,re- lease or escape of "pollutants": a.That are,or that are contained in any property that is: AW2 H519887 0901120 CA 00 01 03 06 Copyright,ISO Properties,Inc.,2005 Page 5 of 12 (1)Being transported or towed by,han - dled,or handled for movement into, onto or from,the covered "auto"; (2)Otherwise in the course of transit by or on behalf of the "insured";or (3)Being stored,disposed of,treated or processed in or upon the covered "auto"; b.Before the "pollutants"or any property in which the "pollutants"are contained are moved from the place where they are ac- cepted by the "insured"for movement into or onto the covered "auto";or c.After the "pollutants"or any property in which the "pollutants"are contained are moved from the covered "auto"to the place where they are finally delivered, disposed of or abandoned by the "in - sured". Paragraph a.above does not apply to fuels, lubricants,fluids,exhaust gases or other similar "pollutants"that are needed for or result from the normal electrical,hydraulic or mechanical functioning of the covered "auto"or its parts,if: (1)The "pollutants"escape,seep,mi- grate,or are discharged,dispersed or released directly from an "auto"part designed by its manufacturer to hold, store,receive or dispose of such "pollutants";and (2)The "bodily injury","property damage" or "covered pollution cost or expense" does not arise out of the operation of any equipment listed in Paragraphs 6.b.and 6.c.of the definition of "mo - bile equip ment". Paragraphs b.and c.above of this exclusion do not apply to "accidents"that occur away from premises owned by or rented to an "in - sured"with respect to "pollutants"not in or upon a covered "auto"if: (1)The "pollutants"or any property in which the "pollutants"are contained are upset,overturned or damaged as a result of the maintenance or use of a covered "auto";and (2)The discharge,dispersal,seepage, migration,release or escape of the "pollutants"is caused directly by such upset,overturn or damage. 12.War "Bodily injury"or "property damage"arising directly or indirectly out of: a.War,including undeclared or civil war; b.Warlike action by a military force,includ- ing action in hindering or defending against an actual or expected attack,by any government,sovereign or other authority using military personnel or other agents;or c.Insurrection,rebellion,revolution, usurped power,or action taken by gov- ernmental authority in hindering or de- fending against any of these. 13.Racing Covered "autos"while used in any profes- sional or organized racing or demolition contest or stunting activity,or while practic- ing for such contest or activity.This insur- ance also does not apply while that covered "auto"is being prepared for such a contest or activity. C.Limit Of Insurance Regardless of the number of covered "autos", "insureds",premiums paid,claims made or ve- hicles involved in the "accident",the most we will pay for the total of all damages and "cov- ered pollution cost or expense"combined,re- sulting from any one "accident"is the Limit of Insurance for Liability Coverage shown in the Declara tions. All "bodily injury","property damage"and "cov- ered pollution cost or expense"resulting from continuous or repeated exposure to substan- tially the same conditions will be considered as resulting from one "accident". No one will be entitled to receive duplicate payments for the same elements of "loss"under this Coverage Form and any Medical Payments Coverage Endorsement,Uninsured Motorists Coverage Endorsement or Underinsured Motor- ists Coverage Endorsement attached to this Coverage Part. SECTION III -PHYSICAL DAMAGE COVERAGE A.Coverage 1.We will pay for "loss"to a covered "auto"or its equipment under: a.Comprehensive Coverage From any cause except: (1)The covered "auto's"collision with another object;or (2)The covered "auto's"overturn. b.Specified Causes Of Loss Coverage Caused by: (1)Fire,lightning or explosion; Page 6 of 12 Copyright,ISO Properties,Inc.,2005 CA 00 01 03 06 (2)Theft; (3)Windstorm,hail or earthquake; (4)Flood; (5)Mischief or vandalism;or (6)The sinking,burning,collision or de - railment of any conveyance trans- porting the covered "auto". c.Collision Coverage Caused by: (1)The covered "auto's"collision with another object;or (2)The covered "auto's"overturn. 2.Towing We will pay up to the limit shown in the Declarations for towing and labor costs in - curred each time a covered "auto"of the pri- vate passenger type is disabled.However, the labor must be performed at the place of disablement. 3.Glass Breakage -Hitting A Bird Or Animal - Falling Objects Or Missiles If you carry Comprehensive Coverage for the damaged covered "auto",we will pay for the following under Comprehensive Coverage: a.Glass breakage; b."Loss"caused by hitting a bird or animal; and c."Loss"caused by falling objects or mis- siles. However,you have the option of having glass breakage caused by a covered "auto's"collision or overturn considered a "loss"under Collision Coverage. 4.Coverage Extensions a.Transportation Expenses We will pay up to $20 per day to a maxi- mum of $600 for temporary transportation expense incurred by you because of the total theft of a covered "auto"of the pri- vate passenger type.We will pay only for those covered "autos"for which you carry either Comprehensive or Specified Causes of Loss Coverage.We will pay for temporary transportation expenses in - curred during the period beginning 48 hours after the theft and ending,regard - less of the policy's expiration,when the covered "auto"is returned to use or we pay for its "loss". b.Loss Of Use Expenses For Hired Auto Physical Damage,we will pay expenses for which an "insured"be- comes legally responsible to pay for loss of use of a vehicle rented or hired without a driver,under a written rental contract or agreement.We will pay for loss of use expenses if caused by: (1)Other than collision only if the Decla- rations indicate that Comprehensive Coverage is provided for any covered "auto"; (2)Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto";or (3)Collision only if the Declarations indi- cate that Collision Coverage is pro- vided for any covered "auto". However,the most we will pay for any expenses for loss of use is $20 per day, to a maximum of $600. B.Exclusions 1.We will not pay for "loss"caused by or re- sulting from any of the following.Such "loss" is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the "loss". a.Nuclear Hazard (1)The explosion of any weapon em- ploying atomic fission or fusion;or (2)Nuclear reaction or radiation,or ra- dioactive contamination,however caused. b.War Or Military Action (1)War,including undeclared or civil war; (2)Warlike action by a military force,in- cluding action in hindering or defend- ing against an actual or expected at- tack,by any government,sovereign or other authority using military person- nel or other agents;or (3)Insurrection,rebellion,revolution, usurped power or action taken by governmental authority in hindering or defending against any of these. AW2 H519887 0901120 CA 00 01 03 06 Copyright,ISO Properties,Inc.,2005 Page 7 of 12 2.We will not pay for "loss"to any covered "auto"while used in any professional or or- ganized racing or demolition contest or stunting activity,or while practicing for such contest or activity.We will also not pay for "loss"to any covered "auto"while that cov- ered "auto"is being prepared for such a contest or activity. 3.We will not pay for "loss"caused by or re - sulting from any of the following unless caused by other "loss"that is covered by this insurance: a.Wear and tear,freezing,mechanical or electrical breakdown. b.Blowouts,punctures or other road dam- age to tires. 4.We will not pay for "loss"to any of the fol- lowing: a.Tapes,records,discs or other similar audio,visual or data electronic devices designed for use with audio,visual or data electronic equipment. b.Any device designed or used to detect speed measuring equipment such as ra - dar or laser detectors and any jamming apparatus intended to elude or disrupt speed measurement equipment. c.Any electronic equipment,without regard to whether this equipment is permanently installed,that receives or transmits audio,visual or data signals and that is not designed solely for the reproduction of sound. d.Any accessories used with the electronic equipment described in Paragraph c. above. Exclusions 4.c.and 4.d.do not apply to: a.Equipment designed solely for the repro - duction of sound and accessories used with such equipment,provided such equipment is permanently installed in the covered "auto"at the time of the "loss"or such equipment is removable from a housing unit which is permanently in - stalled in the covered "auto"at the time of the "loss",and such equipment is de - signed to be solely operated by use of the power from the "auto's"electrical system,in or upon the covered "auto";or b.Any other electronic equipment that is: (1)Necessary for the normal operation of the covered "auto"or the monitoring of the covered "auto's"operating system;or (2)An integral part of the same unit housing any sound reproducing equipment described in Paragraph a. above and permanently installed in the opening of the dash or console of the covered "auto"normally used by the manufacturer for installation of a radio. 5.We will not pay for "loss"to a covered "auto" due to "diminution in value". C.Limit Of Insurance 1.The most we will pay for "loss"in any one "accident"is the lesser of: a.The actual cash value of the damaged or stolen property as of the time of the "loss";or b.The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. 2.An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss". 3.If a repair or replacement results in better than like kind or quality,we will not pay for the amount of the betterment. D.Deductible For each covered "auto",our obligation to pay for,repair,return or replace damaged or stolen property will be reduced by the applicable de- ductible shown in the Declarations.Any Com- prehensive Coverage deductible shown in the Declarations does not apply to "loss"caused by fire or lightning. SECTION IV -BUSINESS AUTO CONDITIONS The following conditions apply in addition to the Common Policy Conditions: A.Loss Conditions 1.Appraisal For Physical Damage Loss If you and we disagree on the amount of "loss",either may demand an appraisal of the "loss".In this event,each party will se- lect a competent appraiser.The two ap- praisers will select a competent and impar- tial umpire.The appraisers will state sepa- rately the actual cash value and amount of "loss".If they fail to agree,they will submit their differences to the umpire.A decision agreed to by any two will be binding.Each party will: a.Pay its chosen appraiser;and b.Bear the other expenses of the appraisal and umpire equally. Page 8 of 12 Copyright,ISO Properties,Inc.,2005 CA 00 01 03 06 If we submit to an appraisal,we will still re - tain our right to deny the claim. 2.Duties In The Event Of Accident,Claim,Suit Or Loss We have no duty to provide coverage under this policy unless there has been full compli- ance with the following duties: a.In the event of "accident",claim,"suit"or "loss",you must give us or our author- ized representative prompt notice of the "accident"or "loss".Include: (1)How,when and where the "accident" or "loss"occurred; (2)The "insured's"name and address; and (3)To the extent possible,the names and addresses of any injured persons and witnesses. b.Additionally,you and any other involved "insured"must: (1)Assume no obligation,make no pay- ment or incur no expense without our consent,except at the "insured's"own cost. (2)Immediately send us copies of any request,demand,order,notice,sum- mons or legal paper received con - cerning the claim or "suit". (3)Cooperate with us in the investigation or settlement of the claim or defense against the "suit". (4)Authorize us to obtain medical rec- ords or other pertinent information. (5)Submit to examination,at our ex- pense,by physicians of our choice,as often as we reasonably require. c.If there is "loss"to a covered "auto"or its equipment you must also do the follo w- ing: (1)Promptly notify the police if the cov- ered "auto"or any of its equipment is stolen. (2)Take all reasonable steps to protect the covered "auto"from further dam- age.Also keep a record of your ex- penses for consideration in the set - tlement of the claim. (3)Permit us to inspect the covered "auto"and records proving the "loss" before its repair or disposition. (4)Agree to examinations under oath at our request and give us a signed statement of your answers. 3.Legal Action Against Us No one may bring a legal action against us under this Coverage Form until: a.There has been full compliance with all the terms of this Coverage Form;and b.Under Liability Coverage,we agree in writing that the "insured"has an obliga- tion to pay or until the amount of that ob- ligation has finally been determined by judgment after trial.No one has the right under this policy to bring us into an ac- tion to determine the "insured's"liability. 4.Loss Payment -Physical Damage Coverages At our option we may: a.Pay for,repair or replace damaged or stolen property; b.Return the stolen property,at our ex- pense.We will pay for any damage that results to the "auto"from the theft;or c.Take all or any part of the damaged or stolen property at an agreed or appraised value. If we pay for the "loss",our payment will in- clude the applicable sales tax for the dam- aged or stolen property. 5.Transfer Of Rights Of Recovery Against Others To Us If any person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another, those rights are transferred to us.That per- son or organization must do everything nec- essary to secure our rights and must do nothing after "accident"or "loss"to impair them. B.General Conditions 1.Bankruptcy Bankruptcy or insolvency of the "insured"or the "insured's"estate will not relieve us of any obligations under this Coverage Form. 2.Concealment,Misrepresentation Or Fraud This Coverage Form is void in any case of fraud by you at any time as it relates to this Coverage Form.It is also void if you or any other "insured",at any time,intentionally conceal or misrepresent a material fact con- cerning: a.This Coverage Form; AW2 H519887 0901120 CA 00 01 03 06 Copyright,ISO Properties,Inc.,2005 Page 9 of 12 b.The covered "auto"; c.Your interest in the covered "auto";or d.A claim under this Coverage Form. 3.Liberalization If we revise this Coverage Form to provide more coverage without additional premium charge,your policy will automatically provide the additional coverage as of the day the re - vision is effective in your state. 4.No Benefit To Bailee -Physical Damage Coverages We will not recognize any assignment or grant any coverage for the benefit of any person or organization holding,storing or transporting property for a fee regardless of any other provision of this Coverage Form. 5.Other Insurance a.For any covered "auto"you own,this Coverage Form provides primary insur- ance.For any covered "auto"you don't own,the insurance provided by this Cov- erage Form is excess over any other collectible insurance.However,while a covered "auto"which is a "trailer"is con - nected to another vehicle,the Liability Coverage this Coverage Form provides for the "trailer"is: (1)Excess while it is connected to a mo - tor vehicle you do not own. (2)Primary while it is connected to a covered "auto"you own. b.For Hired Auto Physical Damage Cover- age,any covered "auto"you lease,hire, rent or borrow is deemed to be a covered "auto"you own.However,any "auto"that is leased,hired,rented or borrowed with a driver is not a covered "auto". c.Regardless of the provisions of Para - graph a.above,this Coverage Form's Li- ability Coverage is primary for any liabil- ity assumed under an "insured contract". d.When this Coverage Form and any other Coverage Form or policy covers on the same basis,either excess or primary,we will pay only our share.Our share is the proportion that the Limit of Insurance of our Coverage Form bears to the total of the limits of all the Coverage Forms and policies covering on the same basis. 6.Premium Audit a.The estimated premium for this Coverage Form is based on the exposures you told us you would have when this policy be- gan.We will compute the final premium due when we determine your actual ex- posures.The estimated total premium will be credited against the final premium due and the first Named Insured will be billed for the balance,if any.The due date for the final premium or retrospec- tive premium is the date shown as the due date on the bill.If the estimated total premium exceeds the final premium due, the first Named Insured will get a refund. b.If this policy is issued for more than one year,the premium for this Coverage Form will be computed annually based on our rates or premiums in effect at the be- ginning of each year of the policy. 7.Policy Period,Coverage Territory Under this Coverage Form,we cover "acci- dents"and "losses"occurring: a.During the policy period shown in the Declarations;and b.Within the coverage territory. The coverage territory is: a.The United States of America; b.The territories and possessions of the United States of America; c.Puerto Rico; d.Canada;and e.Anywhere in the world if: (1)A covered "auto"of the private pas- senger type is leased,hired,rented or borrowed without a driver for a period of 30 days or less;and (2)The "insured's"responsibility to pay damages is determined in a "suit"on the merits,in the United States of America,the territories and posses- sions of the United States of America, Puerto Rico,or Canada or in a settle- ment we agree to. We also cover "loss"to,or "accidents"in- volving,a covered "auto"while being trans- ported between any of these places. Page 10 of 12 Copyright,ISO Properties,Inc.,2005 CA 00 01 03 06 8.Two Or More Coverage Forms Or Policies Issued By Us If this Coverage Form and any other Cover- age Form or policy issued to you by us or any company affiliated with us apply to the same "accident",the aggregate maximum Limit of Insurance under all the Coverage Forms or policies shall not exceed the high - est applicable Limit of Insurance under any one Coverage Form or policy.This condition does not apply to any Coverage Form or policy issued by us or an affiliated company specifically to apply as excess insurance over this Coverage Form. SECTION V -DEFINITIONS A."Accident"includes continuous or repeated ex- posure to the same conditions resulting in "bodily injury"or "property damage". B."Auto"means: 1.A land motor vehicle,"trailer"or semitrailer designed for travel on public roads;or 2.Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However,"auto"does not include "mobile equipment". C."Bodily injury"means bodily injury,sickness or disease sustained by a person including death resulting from any of these. D."Covered pollution cost or expense"means any cost or expense arising out of: 1.Any request,demand,order or statutory or regulatory requirement that any "insured"or others test for,monitor,clean up,remove, contain,treat,detoxify or neutralize,or in any way respond to,or assess the effects of "pollutants";or 2.Any claim or "suit"by or on behalf of a gov- ernmental authority for damages because of testing for,monitoring,cleaning up,remov- ing,containing,treating,detoxifying or neu - tralizing,or in any way responding to or as- sessing the effects of "pollutants". "Covered pollution cost or expense"does not include any cost or expense arising out of the actual,alleged or threatened discharge,disper- sal,seepage,migration,release or escape of "pollutants": a.That are,or that are contained in any property that is: (1)Being transported or towed by,han- dled,or handled for movement into, onto or from the covered "auto"; (2)Otherwise in the course of transit by or on behalf of the "insured"; (3)Being stored,disposed of,treated or processed in or upon the covered "auto"; b.Before the "pollutants"or any property in which the "pollutants"are contained are moved from the place where they are ac- cepted by the "insured"for movement into or onto the covered "auto";or c.After the "pollutants"or any property in which the "pollutants"are contained are moved from the covered "auto"to the place where they are finally delivered, disposed of or abandoned by the "in- sured". Paragraph a.above does not apply to fuels, lubricants,fluids,exhaust gases or other similar "pollutants"that are needed for or result from the normal electrical,hydraulic or mechanical functioning of the covered "auto"or its parts,if: (1)The "pollutants"escape,seep,mi- grate,or are discharged,dispersed or released directly from an "auto"part designed by its manufacturer to hold, store,receive or dispose of such "pollutants";and (2)The "bodily injury","property damage" or "covered pollution cost or expense" does not arise out of the operation of any equipment listed in Paragraph 6.b. or 6.c.of the definition of "mobile equipment". Paragraphs b.and c.above do not apply to "accidents"that occur away from premises owned by or rented to an "insured"with re- spect to "pollutants"not in or upon a cov- ered "auto"if: (1)The "pollutants"or any property in which the "pollutants"are contained are upset,overturned or damaged as a result of the maintenance or use of a covered "auto";and (2)The discharge,dispersal,seepage, migration,release or escape of the "pollutants"is caused directly by such upset,overturn or damage. AW2 H519887 0901120 CA 00 01 03 06 Copyright,ISO Properties,Inc.,2005 Page 11 of 12 E."Diminution in value"means the actual or per- ceived loss in market value or resale value which results from a direct and accidental "loss". F."Employee"includes a "leased worker"."Em- ployee"does not include a "temporary worker". G."Insured"means any person or organization qualifying as an insured in the Who Is An In - sured provision of the applicable coverage.Ex- cept with respect to the Limit of Insurance,the coverage afforded applies separately to each insured who is seeking coverage or against whom a claim or "suit"is brought. H."Insured contract"means: 1.A lease of premises; 2.A sidetrack agreement; 3.Any easement or license agreement,except in connection with construction or demolition operations on or within 50 feet of a railroad; 4.An obligation,as required by ordinance,to indemnify a municipality,except in connec- tion with work for a municipality; 5.That part of any other contract or agreement pertaining to your business (including an in - demnification of a municipality in connection with work performed for a municipality)un - der which you assume the tort liability of an - other to pay for "bodily injury"or "property damage"to a third party or organization. Tort liability means a liability that would be imposed by law in the absence of any con - tract or agreement; 6.That part of any contract or agreement en - tered into,as part of your business,pertain - ing to the rental or lease,by you or any of your "employees",of any "auto".However, such contract or agreement shall not be considered an "insured contract"to the ex- tent that it obligates you or any of your "em- ployees"to pay for "property damage"to any "auto"rented or leased by you or any of your "employees". An "insured contract"does not include that part of any contract or agreement: a.That indemnifies a railroad for "bodily injury"or "property damage"arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks,roadbeds,tunnel,underpass or crossing;or b.That pertains to the loan,lease or rental of an "auto"to you or any of your "em- ployees",if the "auto"is loaned,leased or rented with a driver;or c.That holds a person or organization en- gaged in the business of transporting property by "auto"for hire harmless for your use of a covered "auto"over a route or territory that person or organization is authorized to serve by public authority. I."Leased worker"means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm,to per- form duties related to the conduct of your busi- ness."Leased worker"does not include a "tem- porary worker". J."Loss"means direct and accidental loss or damage. K."Mobile equipment"means any of the following types of land vehicles,including any attached machinery or equipment: 1.Bulldozers,farm machinery,forklifts and other vehicles designed for use principally off public roads; 2.Vehicles maintained for use solely on or next to premises you own or rent; 3.Vehicles that travel on crawler treads; 4.Vehicles,whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: a.Power cranes,shovels,loaders,diggers or drills;or b.Road construction or resurfacing equip- ment such as graders,scrapers or roll- ers. 5.Vehicles not described in Paragraph 1.,2.,3., or 4.above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: a.Air compressors,pumps and generators, including spraying,welding,building cleaning,geophysical exploration,lighting and well servicing equipment;or b.Cherry pickers and similar devices used to raise or lower workers. 6.Vehicles not described in Paragraph 1.,2.,3. or 4.above maintained primarily for pur- poses other than the transportation of per- sons or cargo.However,self-propelled vehi- cles with the following types of permanently attached equipment are not "mobile equip- ment"but will be considered "autos": Page 12 of 12 Copyright,ISO Properties,Inc.,2005 CA 00 01 03 06 a.Equipment designed primarily for: (1)Snow removal; (2)Road maintenance,but not construc- tion or resurfacing;or (3)Street cleaning; b.Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers;and c.Air compressors,pumps and generators, including spraying,welding,building cleaning,geophysical exploration,lighting or well servicing equipment. However,"mobile equipment"does not include land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged.Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are consid - ered "autos". L."Pollutants"means any solid,liquid,gaseous or thermal irritant or contaminant,including smoke,vapor,soot,fumes,acids,alkalis, chemicals and waste.Waste includes materials to be recycled,reconditioned or reclaimed. M."Property damage"means damage to or loss of use of tangible property. N."Suit"means a civil proceeding in which: 1.Damages because of "bodily injury"or "property damage";or 2.A "covered pollution cost or expense", to which this insurance applies,are alleged. "Suit"includes: a.An arbitration proceeding in which such damages or "covered pollution costs or expenses"are claimed and to which the "insured"must submit or does submit with our consent;or b.Any other alternative dispute resolution proceeding in which such damages or "covered pollution costs or expenses"are claimed and to which the insured submits with our consent. O."Temporary worker"means a person who is furnished to you to substitute for a permanent "employee"on leave or to meet seasonal or short-term workload conditions. P."Trailer"includes semitrailer.