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HomeMy WebLinkAboutPW12-191 - Amendment - #8 - RH2 Engineering, Inc. - Linda Heights Pump Station Replacement - 10/12/2021ApprovalOriginator:Department: Date Sent:Date Required: Mayor or Designee Date of Council Approval: Grant? Yes No Type:Review/Signatures/RoutingDate Received: City Attorney: Comments: Date Routed: Mayor’s Office City Clerk’s OfficeAgreement InformationVendor Name:Category: Vendor Number:Sub-Category: Project Name: Project Details: Agreement Amount: Start Date: Local Business? Yes No* Business License Verification: If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace. Yes In-Process Exempt (KCC 5.01.045) Notice required prior to disclosure? Yes No Contract Number: 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. 20210513 FOR CITY OF KENT OFFICIAL USE ONLY Agreement Routing Form For Approvals, Signatures and Records Management (Optional) Basis for Selection of Contractor: * Memo to Mayor must be attached Termination Date: Authorized to Sign: PW12-191 AMENDMENT - 1 OF 2 AMENDMENT NO. 8 NAME OF CONSULTANT OR VENDOR: RH2 Engineering, Inc. CONTRACT NAME & PROJECT NUMBER: Linda Heights Pump Station Replacement ORIGINAL AGREEMENT DATE: June 20, 2012 This Amendment is made between the City and the above-referenced Consultant or Vendor and amends the original Agreement and all prior Amendments. All other provisions of the original Agreement or prior Amendments not inconsistent with this Amendment shall remain in full force and effect. For valuable consideration and by mutual consent of the parties, Consultant or Vendor’s work is modified as follows: 1.Section I of the Agreement, entitled “Description of Work,” is hereby modified to add additional work or revise existing work as follows: In addition to work required under the original Agreement and any prior Amendments, the Consultant or Vendor shall: Update the design for the currently proposed pump station location. 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 $138,600 Net Change by Previous Amendments including applicable WSST $38,603 Current Contract Amount including all previous amendments $177,203 Current Amendment Sum $36,977 Applicable WSST Tax on this Amendment $0 Revised Contract Sum $214,180 10/12/2021 1 I I RH2 ENGINEERING Tacoma 1201 Pacific Avenue, Suite 1750 Tacoma, WA 98402 1.800.720.8052 / rh2.com September t4,2O2L Mr. Thomas Leyrer, PE City of Kent Public Works Department 220 Fourth Avenue S Kent, WA 98032 Sent via: Emoil Subject: Linda Heights Pump Station (RH2 Job No. 512-0821 Dear Mr. Leyrer: Based upon the August L1,,ZO2l meeting with you, Mr. Derek Hawkes, and Mr. Edwin Halim, RH2 Engineering, lnc., (RHz) is providing the city of Kent (city) with this updated Scope of Work and Fee Estimate for execution of a project amendment for the Linda Heights Pump Station project. RH2 will use the revised scope of work from May 2018 (Exhibit A) as the starting point. RH2 has billed 5526 under Task 1 and 516,101 under Task 2 for work already accomplished. Task 2 was the conceptual design and has billed close to the proposed contract amount of 516,189. While most of this work can be reused under the current approach, some additional time will be needed to adjust the 30 percent design to the new location. With the revised location discussed in the meeting, RH2 will need to update the conceptual design task (Task 21, add additional task for restroom design (Task 4), and update the billing rates (Exhibit C) for the project. The hours for Tasks 3 through 6 from the May 2018 scope of work will not change except Task 4 will include restroom design time, only the billing rates have been updated. Hours for Task 1 and Task 2 were adjusted downwards to reflect work already accomplished and billed. Please note that RHz spent hours under Task 4 in 2018 in an effort to expediate the 60-percent submittal when given the notice to proceed for that task, but did not bill any of this time. This accomplished, but unbilled, work is still usable at the proposed new location and will be billed at our 2018 rates. The city will see these hours with 2018 dates on upcoming invoices. WASHINGTON LOCATIONS Bellingham Bothell (Corporate) East Wenatchee lssaq ua h Richland Tacoma OREGON LOCATIONS Medford Portland IDAHO LOCATIONS Meridian 1J l 0911.4/2L 7211.0 PM I:\OATA\KEN\512.082\CONTRACT\AMENDMENT NO.8\AMEND8-SOW.I.INDA HEIGHTS LS.OOO( EXHIBIT A BH3 MR. THOMAS LEYRER, PE September 14,2027 Page2 Scope RH2 will update the design for the currently proposed pump station location (i'e., the new elevations and layout will require an update of the pump models, curves, and operating points). RH2 proposes the following tasks be modified and incorporated into the May 2018 scope. Task 2 - Conceptual Design Objective: lncorporate City comments and information from the August tl,202L meeting, and evaluate pump station design and pump selections for the proposed new location. 2.t Update 3D CAD model and elevations for proposed pump station. 2.2 Update pump calculations and operating pump station information. 2.3 Update cAD drawings to conceptual level for proposed location. RH2 Deliverables o No changes in May 2018 deliverables' Task 4 - 60-Percent Design Objective: prepare 60-percent pump station construction plans and an updated construction cost estimate for review by City. Operator restroom will be incorporated into the design plans based upon the preliminary layout of the September 3,2021email. Technical specifications will be provided with this submittal. The comments developed during the conceptuol design review process witt be addressed. tt is onticipoted thot 60-percent review comments will be constroined to detoits thot were devetoped subsequent to the 3}-percent review submittol, or that were revised/unresolved during the 3}-percent review process. The 60-percent plans sholl include opproximotely 90 percent of all construction plan sheets. RH2 Deliverables o No changes in May 2018 deliverables. Fee Estimate Refer to the attached Exhibit B - Fee Estimate with a requested amendment of s36,977 to increase the total contract amount to $214,180. This amount accounts for updating the design and rate increases. Schedule RH2 also requests an adjustment to the project schedule, extending the contract completion date to December 3t,2022. @114127 r2tt0 PM J:\DATA\KEN\512.082\CONTMCAAMENDMENT NO.8\AMENDS'SOW-LINDA HEIGHTS LS'DOO( 2 MR. THOMAS IEYRER, PE September 14,202I Page 3 lf you have any questions or comments, please call me at (235) 327-7521' or via email at DMatz@rh2.com. Thank you for the opportunity to assist you with this project. Sincerely, -b-.2 n David Matz ,{r, Project Manager GGD/DJM/sp/fs Attachments: Exhibit A - May 2018 Scope of Work ExhibitB-FeeEstimate Exhibit C-2O2t Schedule of Rates CBlL4l27 72170 PM I\DATA\KEN\512.OSz\CONTRACI\AMENDMENT NO.8\AMENDS.SOW.LINDA HEIGHTS I-5.DOO( EXHIBIT 8reEdleOtyof kdhcrdffito.lUnd. HcilhB wffi tunP $nbn$p{1iad RIbil x€4ft+a @tup.. r.nry$ndftr dapn Posv MadBr..bm. lon 6n..r Edwln HallmL2______!_7,5r448S111a434.4gilo. E9126,43$16,60 EXHIBIT C RH2 ENGINEERING,INC. 2021 SCHEDUTE OF RATES AND CHARGES RATE LIST RATE UNIT Professional I 5747 S/hr Professional ll S163 S/nr Professional lll Sreo Professional lV s196 Professional V 522s 5/hr Professional Vl s238 S/hr Professional Vll 5218 S/nr Professional Vlll Sszs S/nr Professional lX $szs S/hr Control Specialist I s137 S/hr Control Specialist ll S149 S/hr Control Specialist lll Sro+S/hr Control Specialist lV Srzs S/nr Control Specialist V s18e S/nr Control Soecialist Vl s203 S/hr Control Specialist Vll s218 S/hr Control Specialist Vl ll Szzt S/trr Technician I Sus S/nr Technician ll s12s S/hr Technician lll 5t+z $/hr Technician lV S1s3 S/hr Technician V S167 S/trr Technician Vl s183 $/nr Iechnician Vll s1e8 S/nr Iechnician Vlll s209 Slhr Administrative I Szs S/nr Administrative ll See S/hr Administrative lll s106 $/hr Administrative lV s12s $/nr Administrative V s143 CAD/GlS System So.oo CAD Plots - Half Size s2s.00 price per plot cAD Plots - Full size s10.00 price per plot CAD Plots - Large s2.s0 price per plot Copies (bw) 8.5" x 11u So.oe price per copy Cooies (bw) 8.5" X 14"So.r+price per copy Cooies (bw) Lt" XL7"So.zo price per copy Copies (color 8.5" X 11"s0.90 price per copy Copies (color) 8.5" x 14"s1.20 price per copy Cooies (color) 11" x 17"s2.00 price per copy Iechnology Charge o.oo%% of Direct Labor Mileage s0.s60 price per mile (or Current IRS Rate) Subconsultants $%Cost + Outside Services at cost Rates listed are adjusted annually. -t1 ^ACORD-CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY} 0511112021 orprovisionshavemustINanlscertificate onstatementAendorsement.ancertainrequiretheofpoliciesmayandtermsconditionspolicy,thetolsROGATIONsubjectWAIVED,slf UB tnholder ulie suchofcertificatetotheconfernotdoescertificatethis Jona Bolin (425) 836-2865(425) 898-8780 JonaBolin@msn.com NAICAFFOROING 24082 INSURER A Ohio SecuritY lnsurance Company PRODUCER Sammamish lnsurance, lnc. 704 2281h Ave NE, PMB 373 wA 98074Sammamish Casualty lnsurance ComPanY INSU B. The c. Continental Casualty D: INSTJRER E : INSURED wA 98021Bothell RH2 Engineering lnc 22722 29lh Dr SE Ste 21 0 cL21 51 1 03766 REVISION NUMBER: COVEPEGES CERTIFICATE NUMBER: POLICYTHE PERIODABOVENAMEDFORTHETONSUREDBEENHAVEISSUEDBELOWLISTEDINSUOFRANCETHETHATPOLICIEStsTHISCERTIFYTOTHISWHICHTOWITHRESPECTOOCUIVlENTORCONTRACTOTHERCONDITIONRANYOFoTERIV,IREOUIREI\4ENT,ANYNOTWITHSTANDINGICATEDDIN ALLTO TERI\,4S,THEISHEREINSUBJECTDESCRIBEDDAFFORDETHEBYPOLICIESINSURANCETHEMAYORPERTAIN,BEMAY ISSUEDCERTIFiCATE PAIDBY CLAIMS.HAVE REDUCEDEENSHOWNLIMITSMAYPOLICSUCHIES.CONDITIONSAND OFEXCLUSIONS LIMITSPOLICYTYPE OF INSURANCE 2,000,000EACH 2,000,000 15,000MED EXP $ 2,000,000INJURY 4,000,000 AGG $ 2,000,000Stop Gap - WA 0512912021 ost2912022B,z.557962270 COMMERCIAL GENERAL LIABILITY .LATMS-MADE IXI o""r* LIMITAPPLIES PER: !F"o; I-l ,o" $ 1,000,000 $BODILY INJURY (Per Pecon) $BODILY INJURY (Per accident) $ $ 0512912021 0512912022BAS57962270 LIABILITY SCHEDULEO AUTOS NON.OWNED AUTOS ONLY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY 2,000,000 2,000,000OCCUR CLAIMS.MADE UMBRELLA LIAB EXCESS LIAB 05129120220512912021uso57962270 DED 10,000 B EA POLICY N/A AND EMPLOYERS' LIABILITY ANY PROPRI ETORJPARTNER/EXECUTIVE below N EXCLUDED? tn NH) underdescribe $5,000,000 $200,000 Per Claim Aggregate Deductible 0512912021 0512912022AEH004312321Professional LiabilitY Claims Made moreif isattachedspace required)be1RemarksAdditionalmaySchedule,VEHICLES 01,OPERATIONSOF LOCATIONS (ACOROESCRIPTION AC8501and Liability).contract 8P7996 Liability)(Autowhenper(GeneralrequiredbyinsuredisrasnamedautomaticallyadditionalcertificateTheholde CERTI @ 1988-2015 ACORD CORPORATION. All rights reserved. ) City of Kent 400 West Gowe Kent wA 98032 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE OELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS' AUTHORIZED REPRESENTATIVE -,42*dQE ACORD 25 (2016/03)The ACORD name and logo are registered marks of ACORD BUSINESSOWNERS BP 79 96 09 16 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. - No coverages are given by this SECTION A. B. c. D. E. F. G. H. t. SUBJECT 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.1.f.(1Xb) 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.1.f.(1xd) Coverage Extension - Supplementary Payments for reasonable expenses and loss of earnings is replaced by a $500 limit. B. Broadened Coverage For Damage To Premises Rented To You 1. The last paragraph of Section 8.1. Exclusions -Applicable To Business Liability Coverage is replaced by the following: With 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". 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 o zot6 Liberty Mutual lnsurance lncludes copyrighted material of lnsurance Services Office, lnc., with its permission.BP 79 96 09 16 Page 1 of 4 BUSINESSOWNERS BP 79 96 09 16 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. No coverages are given by this summary. Actual coverage descriptions are within this endorsement. SECTION SUBJECT A. Supplementary Payments Bail Bonds Loss Of Earnings B. Broadened Coverage For Damage To Premises Rented To You C. lncidental Medical Malpractice lnjury D. Mobile Equipment E. Blanket Additional lnsured (Owners, Contractors Or Lessors) F. Newly Formed Or Acquired Organizations G. Aggregate Limits H. 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.1.f.(1Xb) 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.1.f.(lxd) Coverage Extension - Supplementary Payments for reasonable expenses and loss of earnings is replaced by a $S00 limit. Broadened Coverage 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: With 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., t., m., n. and o. do not apply to "property damage". t. B. o ZOtO Liberty Mutual lnsurance lncludes copyrighted material of lnsurance services office, lnc., with its permission.BP 79 96 09 16 Page 1 of 4 BUSINESSOWNERS BP 79 96 09 16 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. No coverages are given by this # sum*ary. Actual coverage descriptions are within this endorsement' : SECTION A. SUBJECT o: 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.1.f.(1Xb) 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.1.f.(1Xd) Coverage Extension - Supplementary Payments for reasonable expenses and loss of earnings is replaced by a $500 limit. B. Broadened Coverage 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: With 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., 9., h., k., 1., m., n. and o. do not apply to "property damage". B. c. D. E. F. l.t, H. @ Zot6 Liberty Mutual lnsurance lncludes copyrighted material of lnsurance Services Office, lnc.,with its permissionBP 79 96 09 16 Page 1 of 4 BUSINESSOWNERS BP 79 96 09 16 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. No coverages are given by this summary. Actual coverage descriptions are within this endorsement. SECTION SUBJECT 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.1.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.1.f.(1Xd) Coverage Extension - Supplementary Payments for reasonable expenses and loss of earnings is replaced by a $500 limit. B. Broadened Coverage For Damage To Premises Rented To You 1. The last paragraph of Section B.1. Exclusions - Applicable To Business Liability Goverage is replaced by the following: With 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., t., m., n. and o. do not apply to "property damage". B. c. D. E. F. G. H. t. ) o zo16 Liberty Mutual lnsurance lncludes copyrighted material of lnsurance Services Office, lnc., with its permissionBP 79 96 09 16 Page 1 of 4 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESSOWNERS LIABILITY EXTENSION ENDORSEMENT BUSINESSOWNERS BP 79 96 09 16 This endorsement modifies insurance provided under the following BUSINESSOWNERS COVERAGE FORM Below SUMMA is a summarization of the coverages provided by this endorsement. No coverages are given by this ry. Actual coverage descriptions are within this endorsement. SECTION SUBJECT A. Supplementary Payments Bail Bonds Loss Of Earnings B. c. D. E. F. G. H. 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.1.f.(1Xb) 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,.1.f.(1Xd) Coverage Extension - Supplementary Payments for reasonable expenses and loss of earnings is replaced by a $500 limit. B. Broadened Coverage For Damage To Premises Rented To You 1. The last paragraph of Section 8.1. Exclusions - Applicable To Business Liability Goverage is replaced by the following: With 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". o 20t6 Liberty Mutual lnsurance lncludes copyrighted material of lnsurance Services Office, lnc., with its permissionBP 79 96 09 16 Page 1 of 4 BUSINESSOWNERS BP 79 96 09 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESSOWNERS LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following BUSINESSOWNERS COVERAGE FORM E 3s1e\/ is a summarization of the cove: ssv-11r1'1arv. Actual coverage descriptions: : SECTION: rages provided by this endorsement. No coverages are given by this are within this endorsement. SUBJECT !- 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 Il - Liability is amended as follows: l\. Supplementary Payments Section A.1. Business Liability is modified as follows: 1. The $250 limit shown in Paragraph A.1.f.(1Xb) 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.1.f.(1Xd) Coverage Extension - Supplementary Payments for reasonable expenses and loss of earnings is replaced by a $500 limit. B. Broadened Coverage 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: With 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. tr. H. t. @ 20t6Liberty Mutual lnsurance lncludes copyrighted material of lnsurance Services Office, lnc., with its permissionBP 79 96 09 16 Page 1 of 4 BUSINESSOWNERS BP 79 96 09 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BUSINESSOWNERS LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM E Below is a summarization of the coverages provided by this endorsement. No coverages are given by this: summary. Actual coverage descriptions are within this endorsement. -: sEcTtoN suBJEcT -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.1.f.(1Xb) 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.1.f.(1Xd) Coverage Extension - Supplementary Payments for reasonable expenses and loss of earnings is replaced by a $500 limit. B. Broadened Coverage For Damage To Premises Rented To You 1. The last paragraph of Section 8.1. Exclusions - Applicable To Business Liability Coverage is replaced by the following: With 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 (r. H. t. o 20t6Liberty Mutual lnsurance lncludes copyrighted material of lnsurance Services Office, lnc.,with its permission.BP 79 96 09 16 Page 1 of 4 c 2. Paragraph D.2. Liabitity 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. lncidental Medical Malpractice lnjury 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. With 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: (1) Medical, surgical, dental, x-ray or nursing service or treatment or the furnishing of food or 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. Mobile Equipment Section C. Who ls An lnsured is amended to include any person driving "mobile equipment" with your permission. Blanket Additional lnsured (Owners, Contractors Or Lessors) 1. Section C. 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 advedising 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 (21 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; (2) "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 20tOLiberty Mutual lnsurance lncludes copyrighted material of lnsurance Services Office, lnc., with its permission. rD. E BP 79 96 09 16 Page 2 ol 4 - F (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. 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 entity was acquired or incorporated or organized by you; and b. "Personal and advertising injury" arising out of an offense committed before the entity 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. 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. Duties ln The Event Of Occurrence, Offense, Claim Or Suit 1. Paragraph E.2.a. Duties ln The Event Of Occurrence, Offense, Claim 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, Claim 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 C.1. Who ls An lnsured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim. o 20t6 Liberty Mutual lnsurance lncludes copyrighted material of lnsurance Services Office, lnc.,with its permission G. H. BP 79 96 09 16 Page 3 of 4 t.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. 2. 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; c. Any easement or license agreement, except in connection with construction 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 torl liability of another party to pay for "bodily injury" or "propefty 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. Paragraph f. does not include that part of any contract or agreement: (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- ions, reports, surveys, field orders, change orders or drawings and specifications; or (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 lnjury is replaced by the following: b. Malicious prosecution or abuse of process; o z0t6Liberty 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 COVERAGEFORM 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 COVERAGE BODILY INJURY REDEFINED EMPLOYEES AS INSUREDS (lncluding Employee Hired Auto) EXTRA EXPENSE- BROADENED COVERAGE GLASS REPAIR - WAIVER OF DEDUCTIBLE HIRED AUTO COVERAGE TERRITORY HIRED AUTO PHYSICAL DAMAGE (lncluding Employee Hired Auto) LOAN / LEASE GAP (Coverage Not Available ln New York) NEWLY FORMED OR ACQUIRED SUBSIDIARIES PARKED AUTO COLL|STON COVERAGE (WA|VER OF DEDUCTTBLE) PERSONAL EFFECTS COVERAGE PHYSICAL DAMAGE - ADDITIONAL TRANSPORTATION EXPENSE COVERAGE PHYSICAL DAMAGE DEDUCTIBLE - VEHICLE TRACKING SYSTEM PRIMARY AND NON-CONTRIBUTORY - WRITTEN CONTRACT OR WRITTEN AGREEMENT RENTAL REIMBURSEMENT SUPPLEMENTARY PAYMENTS TOWING 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 l- COVERED AUTOS is amended as follows: ,1. TRAILERS.INCREASED LOAD CAPACITY The following replaces Paragraph C.1. Certain Trailers, Mobile Equipment And Temporary Substitute Autos of SECTION | - COVERED AUTOS: "Trailers" with a load capacity of 3,000 pounds or less designed primarily for travel on public roads. 13 4 21 Cl 15 25 3 11 17 23 7 '16 2 18 12 I 14 24 10 5 o 1 '19 20 22 @ ZO|Z Liberty Mutual lnsurance lncludes copyrighted material of lnsurance Services Office lnc., with its PermissionAC 85 01 06 18 Page 1 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 Insured 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 ]NSURED BY CONTRACT, AGREEMENT OR PERMIT SECTION lt - LIABILITY COVERAGE, Paragraph A.1. Who ls An lnsured is amended to include the following as an "insured": S. Any person or organization with respect to the operation, maintenance or use of a covered "auto", 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"; (21 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, Coverage Extensions, 2.a. Supplementary Payments, Paragraphs (2) and (4) are replaced by the following: (21 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 PermissionAC 85 01 06 18 Page 2 ol 7 6. AMENDED FELLOWEMPLOYEEEXCLUSION 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 B.5. Fetlow 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 SECTTON 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 (2) 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. TOWING 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 (GVW) of 10,000 pounds or less. c. For "medium trucks" , we will pay up to $150 per disablement. "Medium trucks" are trucks that have a gross vehicle weight (GVW) 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., wiih its PermissionAC 85 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 lil - PHYSICAL DAMAGE COVERAGE, A. Coverage, 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 tirsl 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. 11. EXTRA EXPENSE - BROADENED COVERAGE Under SEGTION lll - PHYSICAL DAMAGE GOVERAGE, 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 EFFECTSCOVERAGE 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 will pay, without application of a deductible, 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. @ 2oll 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 lil - 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 G. 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"; (,. 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 Z. 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 Conditions 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". @ 2O1l Liberty Mutual lnsurance lncludes copyrighted material of lnsurance Services Office lnc., with its PermissionAC 85 01 06 18 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 SECTION 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. PARKED AUTO COLLISION 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 io such covered "auto" of the private passenger type or light weight truck with a gross vehicle weight of 10,000 lbs. or less as defined 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 SECTION lll - PHYSICAL DAMAGE COVERAGE, if two or more company policies or coverage forms apply to the same "accident", the following applies to Paragraph D. Deductible: 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 smallest) deductible will be waived. 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 SECTTON 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 lncludes copyrighted material of lnsurance Services Office lnc., with its PermissionAC 85 01 06 18 Page 6 of 7 21. AMENDED DUTIES IN THE EVENT OFACCIDENT, CLAIM, SUIT, OR LOSS 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; (2) 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 IV - BUSINESS AUTO CONDITIONS, Paragraph 8.7. Policy Period, Coverage Territory, is amended by the addition of the following: f. 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, Puefto 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 SECTION lV - BUSINESS AUTO CONDITIONS, General Conditions, 8.5. 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: "Bodily 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. @ 2oll Liberty Mutual lnsurance lncludes copyrighted material of lnsurance Services Office lnc., with its Permission o - : AC 85 01 06 18 Page 7 of 7