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HomeMy WebLinkAbout5709Jun, 22. 2017 9,13AM Sound Excavat ion No. 1995 P. 2. GOODS AND SERVICES AGREEMENT THIS ACRE PI', is entered into between the City of Hromerton, a'Washington Municipal Corporation ("City"), and n A — +' (`Vendor'), whose meiling address is; ,�a � 22 Li��1cLoin h +!, TAA i 41M e r L OD WA- 7M313. 6 fI The parties agree as follows! 1 VENDOR SERVICES. The Vendor shall provide the following goods and materials and/or perform the following services for the City: fli, 2., TIME OF COMPIJETION. Vendor shall complete the work and ptovide all goods, materials and services min A017. e OkI Sv 7 3 COMPENSATION. The City shall pay the Vendor the total amotmt of applicable Washington State Sales Tex, for the goods, materials and services plated in this Agreement. The City shall pay the Vendor the following amounts according to the following achedala: 5te� Pvhibi+ `A'� w1►:�lx ;ti 'Wlcaf�'a�''e� L.cvel�n to, ,E �,E u A. D&Wn or UTnmWwrized Work. The City reserves its right to withhold paymeaat from Vendor for any, defective or unauthorized goods, materials or services. If Vendor is unable, forl'any reason, to•complete any part of thus Agreemmt, the City may obtain the goods, materials or services on its own or from a third patty, and Vendor shoU be liable to the for an additf costs incurred b the C' ona1 � Y Y nY• "Additional costs" shell m,oau► all .reasonable costs, including legal costs and attorney fees, incurred by the City beyond the mwdm m Agreement pries specified above. Thc' City fartb= reserves its right to deduct the cost to complete oris Agreement, inchrdmg any Additional Costs, $om. any and all amou rd due or to become due the Vendor. d. INDEPENDENT CONTE ACT IL Vendor is and shall be at all times acting as an independent contractor and not as an employee of the City, The Vendor shall secume at its expanse, and shall be responsible for all payments of income tax, social security, state disability rnste compensation, unemployment compensation, and all other payroll deductions £or the Vendor, officer, agents, emtployees and sub -contractors. The 'Vendor d aU also secure aU applicable buasinm licenses, if required, in conneodon with the contrast services, including all required licenses for'Vendor's ofccrs, agents, employees and sub -contractors. ,w 3. II TERMATION. The City may terminate this Agreement for good cause. "flood cause" shall include, without limitation, any one or mare oaf the following a voo": 1 Rev. *16 I. Jun. 22. 2017 9:13AM Sound Excav'.ation It 11 No. 1995 P, 3 A. The Vendor's rsfmall or failure to supply a suffccieut number of properly skilled workers or proper materials for completion of this Agrecrowt. 13.i fidurd to complete this Agreement within ft time specified in this C. The Vendor's failure to make full and prompt payment to scbcontractors or for material or labor. A The Vendor's failure to comply with federal, sstsie or local lacus, rules or regulations. P. The Vendor's filing for bankruptcy or becoming adjudged bankrupt. If the City terminates this Agreement for good cause, the Vendor shall not receive any further monies dae under this Agreement until the goods, mataials, sad services required b this Agreement are completed and fully performed by the City or a third party of the City's choosing. 61 OIMGFS. The City may issue a written cbange order for any change in the goods, iaiaterials or services to be provided during the performance of this Agreement. if the Vendor determines, fm any reason, that a: change order is necessary, Vendor must submit a written change order request to an authorized agent of *v City with, fourteen (14) calendar days of the dsto Vendor ]mew or should bave known of the facts and ever& giving rise to the regQww change. Iftbe City determines thatthe change increase's or d+ecrseases the VeauWs casts or brae for performance, the City will make an e0tabla adjustment The City will attempt, in good faith, to reach agreement v thi the 'V'endor on all equitable 4ustnentss. However, if the parties are unable to agree, the qty will determine the equitable a*stmemi as it deems appropriate. The Vendor shall proceed with the change order work upon, receiving either a written change order from the City or an oral order from the Citybefore actually receiving the written change -order. If the Vendor fails to require a change order witbm the tune allowed, the Ywdor waive, its right to make any claim or submit subsequent change order requests for that portion of the cdnbract work. If the Vendor disagrees with the equitable adjustment the Vendor must complete the change order work; however, the Vendor may elect to protest the adjustment as provided below: A. Pmcetiure and &t;g-hj the Vendor. I£ the Vendor disagrees with anything required by a change; order, another written order, or an, oral order fiom the City, including any direction, instruction, interpretation, or detem enation by the City, the Vendor shall: 1.Iiatehy give a signed written Mice of protest to the City; 2. Supplement the written protest within fourteen (14) calendar Jaya with a written Adexuent that provides the following information: a. The date of to V'endor's protest. b. The nature and circumstances that caused the protest, c, The provisions in this Agremeut that support ft protest. d. The estimated dollar cost: if any, of the protested work and low that estimate was determined. C. An analysis of the progress schedule shoe ing the seheJ& change or disruption if the Vendor is asserbg a schedule chamge or distup#ion. i 2 ttAV. (Y�16 Jun.22.2011 9:13AM Sound Excavation No. 1995 P. 4 3. The Vendor 'shall keep complete records of extra costs and time incurred as a result of the protested work. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evalbate all protests, provided the procedures in this section are followed. If the City determines that a protest is valid, the City will adjust payment for work or tune by an equitable adjustment No adjustment will be made for an invalid protest. B. vendor'sEft to CoMplete Protested Work, In spite of any protest, the Vendor shall proceed promptly to provide the goods, mads and services required by the City under this A: greement C. Vendor's AgegW zxoe of Chances. The Vendor accepts all requirements of a change order by; (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way' this section provides. A change order first is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or effected by the change. D. Failure to p'rotast Constitutes Waiver. 13Y not protesting as this section provides, the Vendor also waives say additional entitlement and accept from the City any written or oral order (including directions, instructions, fismpreiatious, and det�minatiou). E. Failure to olla Procedures Constibnres Waive. By failing to follow the prooedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oxal order (includiug directions, instroctiow% irterprotations, and determinaflon). 7. CLAIMS. The Vendor shall give written notice to the City of all claims other that, change orders within fourteen (14) calendar days of the occurrence of the events giving ruse to the al dms. Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a tamely written claim is made 1n strict accordance with the applicable provisions of this Agreement; or, if (cud only it) no such provision is applicable, unless that claim is set forth in detail in writing and received by the City within seven (7) calendar days from the date Vendor knew, or do6ld have known, of the facts giving rise to the claim. At a minimum, a'Vendoes written elaim,jMust include the information set forth regarding protests in Section 6(A)(2)(a)-(e). til FAILURE TO PROVMR A COMPLETE, WRIT IEN NOTIFICAnox OF CLAIM wnHN TEE TTNB ALLOWBb SHALL BE AN AD90LUTB WAMR OF ANY Mkn&S ARISING IN ANY 'WAY FROM TEE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. Vendor must, in any event, file any'rclaim or big any suit arising fim or connected with this Agreement within 120 calendar daps. from the date the contract work Is complete. S. WARRANTY. The Vendor shall correct 41 defects in wor3root mship and materials within one year $oro the date of 'the City's acceptance of the Contract work. Whew defects are corrected, the warranty for that portion of the work shall extend for one year from the date such 3 ,i Rev. 02-16 Jun.72.2017 9:14AM Sound Excavation No. 1995 P. 5 corcoctiou is completed and aocepoed by the Chy. Um Vendor shall be to wr&k seven M calendar days ofita MO afAWce fiM the ft B&. r ft deflectr does not acro Pt t;�tq of the dg6eat, If sbe Vendor nrplfeh the comwom Witwn a reasonable time, the City map complete the cOmdow and the Vendor shall pay A costs iammd by Bre Cjlq in order to accomplish the Colne*& I OME9 CAMON. VVeador sMU defOV4 iade=* and lM 6. City, its officers, officials, er*oym% agent$ and vohtiufeers harmWs hon aqq and all china, wee, da mages, 10,98, or sem, inoluding an hrpl costs and ftmq P� of� A�+eenzan� Vendor's teas 8 oat of or in camnecbion whh the gadon to ia&=* sbA Mt extend to fad porfion of damages caused by the City's sole negligence. The 0" or acceptaae aof any of Vendor', Work when compI ted shall not be grotahdaaY► oft4ese covenants of "L Should a court of m2POtW jur adiotion det=iime th,d this Amt is subject to RCW 4.24.115, then, la the event of "W fm damages arising out of boft fjmy to pemons or dmw to Proper wed by 0rresdit fi m the cmung =*oe of'the Vendor and the Clip, its officers, offt* employees, agents and vobatems, the Vead0A liA t9' hem Ad be only to the event ofthe Vandoes uqftum IT IS FURTiiM SPpXiMFICALLy AND HUMBLY UNDERSTOOD THAT THIS x MOMCATION C ONSrjTU M TH$ VENDOR'S WAIVBR OF RVIdUNrrY LTMER L IAI. Ildgi1I2AN ? TITLE 51 RCW, SOLELY FOR TFIS 1rt1RPO8>3.4 OF TM IIC MNIlr MION THE PARTIES ACKNOWMGE TgAT TASY HAVE Irrl[iTUAY,LY MOOTIATED TFiill73 WAAYBIL The provisions of this swam Shall eam've the evhation or tambmdon d&b Ate, 10. 1NSURANM The Vendor shall prw= and maims ibr the - dmalion of $is AamemeM ii m mmce against claims for injudes to person, or deamp to ham or in conmectlon with the per8o a of the Coatraot �, itsWatSI fgn9eruetim, employees or a bnb *aotom, Bohn beginning wo,Ir an the *act desonbed in tlhifs Amt, the Vendor sball provide a QW60do of Insurance evidencing, I' A ' ' iasursaoe Rri91 limits no less than S1,OOD.000 oombined single limit pea aocid6mt fnr bodily hrjury and Pml�ty damage; and 2, =;000:000zaw a� r;or,.�;m' $I,000,0ccmreace andre £or PeTBdamage.clude but not ' be Iinhith�i to: beset PI*IIW n IIed o tona/broad font proparty damage, and a Vloyd, L liabft 3• Amm Ite*i.hfe nM tkcw 1 /1 ^ a 4 tt. M-16 Jun, 22, 2017 9:14AM Sound Excavat i on No, 1995 P, 6 f•J ,ill 5. WO-Aer$ Comyen9atiga insurance as statutorily required by the Industrial Insurance Art of the State of Washington, Title 51, Revised Code of Washington and employees liability with limits not loss than $1,000,()00. Any payment of deductible or self -Insured rotantlon shall be the sole responsibility of the Vendor. d All required policies shall be prodded on as `occurrence" basis except professional liability insmraaoe (if required), which shall be provided on a "claims -mule" basis. I"he City shall be named as an additional insured on the Commetcial General Liability insurance Policy, as respects work performed by or on behalf of the Vendor and a copy of the endorsement naming the City as additional insured shall be attached to the Cedi$cate of Insurenm The City reserves the right to receives certi$ed copy of all the required insurance policies. The Vendor's Commercial Oeneral Lia6ulity insurance shall contain a clause stating tbA coverage shall apply separately to each insured against whom claim is made or suit is brought, ertaept with respects to the limits of the insurer's liability. u The Vendor's insurance spall be primary insurance as respects the City and shall contain it waivrx of subrogation against the City for claims arising out of any operations, liabilities and obligations to v&kJx coverage applies. It shall be an affamative, obligation upon Vendor to advise the City's Risk Manager by fax at (360) 473-5161. or by!certi$ed mail, return receipt requested to City of Bremerton, attn: Risk Managemeld, 345 6" Street; Suite 600, Bntuxerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breii ach of this Agreement. The City also. reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the W-urance policy with all endorsements as evidence of coverage. 11. AUSCELir ANEOUS. A. .lames and saxes. Vendor stall possess a cu=t Bromerton Business License and any regulatory license wired to .fulfill Vendor's obligations under this cannm et. B&O taxes shall be paid when due, and Vendor, by this agreement; assigns any payments due under this contract to the City Clerk for payment of such taxes which have been declared delinquent, B. loot ttgPrecedenge. in the event of a conflict between the contract documents, the document which rates higher on the following list shalt talks precedence: I. Addenda, if any, 2. Contract, 3. Specifications, 4, Terms and Conditions, S. Contractor's proposal, S ltay. 02.16 a Jun. 22. 2017 9:15AM Sound Excavat ion No. 1995 P. 7 C. Documents Incorooratsd by I drenee. The following documents are incorporated by xvhwnae, to include, but not be limited to: 1. Terms and Conditions, 2. Speciticattone, 3. Proposal, and?'. 4. Non -Collusion Affidavit. D. C.l'se p j M&M—hs and Images. Vendor shall not use or distribute photographs or images dep:ioting' City offYoial% personnel, property, or equipment whet w prepared by Vendor or provided by City without prior written consent of the City. The City will not unreasonably withhold its consent. E. sarimina . In the hiring of employees for the performance of work under this Agreement the Vendor, its subcontractors, or any person sating on behalf of Vendor shall not, by reason of rase, religion, color, sex, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against ;any person who is qualified and available to perfatm the work to which the employni mt relates. F. Comollonw with Lavas_ Vendor shall comply with all federal, state and local Iaws, rales sud regulations throughout every aspect in fhe performance of this Agreement. N G. Work Performed at V'endor's Risk. Vendor shall take all precautions necessary and shall be responsible for the safety of its employees, agauts, and subcontractors in the perfonmauce of #iris Agreement All work shall be done at Vendor's onm risk, and Vendor shell be responsible for any loss of or damage to materials, tools, or outer articles used or held for use in connection with the work. H. Governing Law This Agreenmut shall be governed and construed in accordance with the laws of the State of Washmgton, If any dispute arises bmween the City and Vendor wader any of the provisions of this Agreement, resolution of that dispute shall be available e=Iiaively under the jurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap County, Washinpm 1. ,Att wYs Fees. In any claim or lawsuit for damages arising from the parties' performance of Us Agreement, each party shall be respom able for paymeztt of its own legal costs and att toys fees incum:ed in defending or britt xig such claim or lawsuit; however,'! nothing in thio subsection shall limit the City's right to indemnification under Section 9 of this Agreement. T. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed below, unless otherwise notified. Any written notice shall become offmkive upon delivery, but in any event three (3) calendar days aft the date of mailing by registered or certified mail, and shall be deemed sufficiently given ;if sent to the addressee at dto address stated in this Agreement. Notices to be sent to: I'I Notices to he sent in- Attn:_ &&n Dr ,t City of Bremerton 345 66 Street, Suite 600 Bremerton, WA 98337 Rev. 02-16 Jun, 22. 2017 9.15AM Sound Excavation No. 1995 P. 8 K. Assign. Any assigcancat of this Agreement by the 'V'endor wltbout the written consent of the City shall be void. L. Mod&anon. No waiver, alteration, or moMcation of any of the provisions of this Agreement shall he binding unless in writing and signed by a duly authorized representative of the City and Vendor. hL &nr bi . . "any one or more sections, sub -sections, or sentences of this Agreement are held to be tmconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this Agreement and the remainder shall remain in full force aad effect. N. &ft A reeTnent. The written provisions and terns of this Agreement, togeiber With any attaches] F.xbibits, supersede all prior verbal statements by any representative of the City, and those statements shall not be construed as forming a part of or altering',; in any manner this Agreement. This Agreement and any attached l xhibits contain the entire Agreement betweon the parties. Should any language in any F..Wbit to this Agreement conflict with any language eontained in. this Agreement, the terms of this Agreement shall prevail. IN Wf'iNMS WHERWF, the parties below have executed this Agreement. r 11' i �i._.L� i 1r ►�i L )eUdMdgApPAna WORK 3laoo& mid StzW=IAgk7017)Am C] TY. City of Bremerton A"ROV>M AS To FOM Bmn&Obity Attom ey 7 Rev. 02.16 Jun -22,2017 9:15AM Sound Excavation No.1995 P. 9 txhibtt "A" Vendor will haul 800 ton+/- of 3/8" BST (rock from Pyramid quarry to City of Bremerton stockpile site at Sayles Rd. payment will be $11.00 per ton plus applicable taxes, as invoiced with weight scale tickets. PREVAILING WAGES. Contractor shall file a "Statement of Intent to Pay Prevailing Wages," with the State of Washington Department of Labor & Industries ("L&I"j prior to commencing the Contract work. Contractor shall pay prevailing wages and comply with Chapter 39,12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by L&I is attached. An "Affidavit of Wages Paid" must be filed with M upon completion of the work, Jun -22.2017 9:16AM Sound Excavation No, 1995 P. 10 6/2012017 aboutblank State of Washington Department of Labor & Industries Prevailing Wage Section - Telephone 360-902-5335 PO Box 44540, Olympia, WA 98504-4540 Washington State Prevailing Wage The PREVAILING WAGES listed here include both the hourly wage rate and the hourly rate of fringe benefits. On public works projects, worker's wage and benefit rates must add to not less than this total. A brief description of overtime calculation requirements are provided on the Benefit Code Key. Journey Level Prevailing Wage Rates for the Effective Date: 6/2012017 .may Trade Kitsap Truck Drivers Kitsap Truck Drivers Kitsap Truck Drivers Kitsap Truck Drivers Kitsap Truck Drivers Kitsap Truck Drivers Job Classi icat'on Asphalt Mix Over 16 Yards (W. WA -Joint Council 28) Asphalt Mix To 16 Yards (W. WA - Joint Council 28) Dump Truck Dump Truck And Trailer Other Trucks Transit Mixer Wagg Holiday Overtime Note $52.70 Q 3AA 8L $51,86 U $19.60 $19.60 $18.37 $20.79 3A AL 1 9 1 4 rlionf:ff- venni Snl INFYrA ACOR®TM CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 6/30/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Propel Insurance Tacoma Commercial Insurance CONTACT Casondra Mossuto NAME: PHONE 800 499-0933 FAX 866 577-1326 A/C, No, Ext): AIC, No E-MAIL . casondra.mossuto@propelinsurance.com ADDRESS: @pr0elinsurance.com p 1201 Pacific Ave, Suite 1000 Tacoma, WA 98402 AFFORDING COVERAGE NAIC 1i INSURER A: Continental Western Insurance 10804 INSURED INSURER B: Westchester Fire Insurance Comp 10030 Sound Excavation Inc. EACH OCCURRENCE $1,000,000 5902 West Sherman Heights Road Bremerton, WA 98312 INSURERC: INSURER D INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 11 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD i POLICY NUMBER POLICY EFF MMIDONYYY POLICY EXP MMIDDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY X X CPA602120925 05/22/2017712018 EACH OCCURRENCE $1,000,000 CLAIMS -MADE ❑X OCCUR PREMISES (E. occTE,1 rence)$ 300,000 nca MED EXP (Any one person) $10,000 X PD Ded: $1,000 PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 , POLICY � JECOT LOC iii PRODUCTS -COMPIOPAGG $2,000,000 $ OTHER: A AUTOMOBILE LIABILITY X X CPA602120925 5/22/2017 05/22/201 EaaacccidentSINGLELIMIT $1,000,000 BODILY INJURY (Per person) $ X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per accident X HIRED AUTOSX NON -OWNED AUTOS ! $ A X UMBRELLA LIAB X OCCUR X X CPA602120925 5/22/2017 05/2212018 EACH OCCURRENCE s4,000,000 AGGREGATE s4,000,000 EXCESS LIAB CLAIMS -MADE DED FXJ RETENTION $O $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITYTA ANY OFFICER/MEMBER R EXCLUDR/E ECUTIVE� (Mandatory in NH) NIA CPA602120925 WA Stop Gap Only Ij 5/22/2017 05/2212018PER OTH- E.L. EACH ACCIDENT $1,000 000 E.L. DISEASE - EA EMPLOYEE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 B Pollution X X G24282922006 5/22/2017 05/2212018 $1,000,000 Per Occ. Liability $2,000,000 Agg. $5,000 Ded. DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional !Remarks Schedule, may be attached if more space is required) RE: Misc. Trucking. The City of Bremerton is additional insured per the attached endorsement. Waiver of Subrogation applies to the General Liability Policy. iu CERTIFICATE HOLDFR 11 CANCFLI ATION City of Bremerton SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 345 6th street, Suite 600 ACCORDANCE WITH THE POLICY PROVISIONS. Bremerton, WA 98337 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) 1 of 1 The ACORD name and logo are registered marks of ACORD #S2764164/M2713047 EA000 I This page has been left blank intentionally. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTOR GENERA' LIABILITY PLATINUM ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY''COVERAGE PART A. PROPERTY DAMAGE TO BORROWED EQUIPMENT 1. Paragraph 2.j. of SECTION I" - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY is amended as follows: Paragraphs (3) and (4) of this exclusion do not apply to tools or equipment loaned to you, provided they are not being used to perform operations at the time of loss. 2. SECTION 111— LIMITS OF INSURANCE is deleted and replaced by the following: The most we will pay in any one "occurrence" for "property damage" to borrowed equipment is $15,000. This limit of insurance is the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 3. Deductible a. Our obligation to pay damages on behalf of the insured applies only to the amount of damages in excess of $25011 as applicable to "property damage" as the result of any one "occurrence", regardless of the number of persons or organizations who sustain damages because of that "occurrence b. The terms of this insurance, including those with respect to our right and duty to defend the insured against any "suits" 'seeking those damages; and your duties in the event of an "occurrence", claim, or "suit" all irrespective of the application of the deductible amount. c. We may pay any part or all of the deductible amount to effect settlement of any claim or suit and, upon notification of the action taken; you shall promptly reimburse us for such part of the deductible amount as we have paid. 11 B. CONSTRUCTION PROJECT GENERAL AGGREGATE LIMIT i 1. For all sums which the insured, becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A (SECTION 1), and for all medical expenses caused by accidents under COVERAGE C (SECTION 1), which can be attributed only to ongoing operations at a single construction project away from premises owned by or rented to the insured: a. A Single Construction Project General Aggregate Limit applies to each construction project away from premises owned by or rented to the insured, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. b. The Single Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard", and for medical expenses under COVERAGE C regardless of the number of: (1) Insureds; (2) Claims made or "suits" brought; or (3) Persons or organizations making claims or bringing "suits". c. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Single Construction Project General Aggregate Limit for that construction project away from premises owned by or rented to the insured. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Single Construction Project General Aggregate Limit for any other separate construction project away from premises owned by or rented to the insured. CL CG 00 20 01 12 Includes copyrighted material of Insurance Services Page 1 of 4 Office, Inc with its permission d. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. iHowever, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Single Construction Project General Aggregate Limit. 2.. For all sums which the insured' becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A (SECTION 1), and for all medical expenses caused by accidents under COVERAGE C' (SECTION 1), which cannot be attributed only to ongoing operations at a single designated construction project away from premises owned by or rented to the insured: a. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products -Completed Operations Aggregate Limit, whichever is applicable; and b. Such payments shall not reduce any Single Construction Project General Aggregate Limit. 3. When coverage for liability arising out of the "products -completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard" will reduce the Products -Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit or the Single Construction Project General Aggregate Limit. 4. If the applicable construction project away from premises owned by or rented to the insured has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. 5. The provisions of Limits Of Insurance (SECTION III) not otherwise modified by this endorsement shall continue to apply as stipulated. C. LIMITED JOB SITE POLLUTION 1. Exclusion f. under Section I — Coverage A is replaced by the following: 2. Exclusions This insurance does not apply to: f. Pollution (1) "Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": (a) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or (b) At or from a storage tank or other container, ducts or piping which is below or partially below the surface of the ground or water or which, at any time, has been buried under the surface of the ground or water and then subsequently exposed by erosion, excavation or any other means if the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants" arises at or from any premises, site or location which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the "pollutants" are brought on or to the premises, site or location in connection with such operations by such insured, contractor or subcontractor. Subparagraph (b) does not apply to "bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire". (2) Any loss, cost or expense arising out of any: (a) Request, demand, order or statutory or regulatory requirement issued or made pursuant to any environmental protection or environmental liability statutes or regulations that any insured test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or CL CG 00 20 01 12 Includes copyrighted material of Insurance Services Page 2 of 4 Office, Inc with its permission (b) Claim or suit by or,'on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, or neutralizing or in any way responding to or assessing the effects of, "pollutants". However, this paragraph does not apply to liability for those sums the insured becomes legally obligated to pay as damages because of "property damage" that the insured would have in the absence of such request, demand, order or statutory or regulatory requirement, or such claim or "suit" by or on behalf of a governmental authority. 111 2. With respect to "bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": a. The "Each Occurrence Limit" shown in the Declarations does not apply. b. Paragraph 7. of Limits Of Insurance (Section III) does not apply. c. Paragraph 1. of Section III — Limits Of Insurance is replaced by the following: The Limits Of Insurance shown in this endorsement, or in the Declarations and the rules below fix the most we will pay "regardless of the number of: (1) Insureds; (2) Claims made or "suits" brought; or (3) Persons or organizations making claims or bringing "suits". d. The following are added to Section III — Limits Of Insurance: 8. Subject to 2. or 3. above, whichever applies, the most we will pay for the sum of: a. Damages under Covelrage A; and b. Medical expenses under Coverage C because of "bodily injury' or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants" is $100,000 aggregate. 9. Subject to 8. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants". ii; D. VOLUNTARY PROPERTY DAMAGE!' 1. The following is added to Section'j1 — COVERAGES: We will pay, at your request for "property damage" to that part of any property: a. Which you or any subcontractors working directly or indirectly on your behalf are performing operations; or b. That must be restored, repaired or replaced because "your work" was incorrectly performed on it. This insurance applies only to "property damage" to property of others while in your care, custody, or control, and arising out of operations away from your insured premises and incidental to your business. ii Exclusions j.(3),(4),(5) and (6)' do not apply to this coverage. This insurance does not apply to "property damage" included within the "explosion hazard", the "collapse hazard" or the "underground property damage hazard". 2. For the purposes of the coverage provided by D. VOLUNTARY PROPERTY DAMAGE, SECTION III — LIMITS OF INSURANCE is replaced by the following: A. Limits of Insurance 1. Unless a higher limit is shown in the Declarations, the most we will pay in any one "occurrence" for "property. damage" under this endorsement is $15,000. 2. Unless a higher limit is shown in the Declarations, the most we will pay for all covered "occurrences" during any one policy period is $15,000 Aggregate Limit of Insurance. CL CG 00 20 01 12 Includes copyrighted material of Insurance Services Page 3 of 4 Office, Inc with its permission The Limits of Insurance of this endorsement 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 purposes of determining the Limits of Insurance. 3. Deductible a. Our obligation to pay damages on behalf of the insured applies only to the amount of damages in excess of $250 as the result of any one "occurrence", regardless of the number of persons or organizations who sustain damages because of that `occurrence". b. The terms of this insurance, including those with respect to our right and duty to defend the insured against any "suits" seeking those damages; and your duties in the event of an "occurrence", claim, or "suit" apply irrespective of the application of the deductible amount. c. We may pay any part or all of the deductible amount to effect settlement of any claim or suit and, upon notifications of the action taken; you shall promptly reimburse us for such part of the deductible amount as we have paid. 4. For the purposes of the coverage provided by D. VOLUNTARY PROPERTY DAMAGE, SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: a. The following is added to, paragraph 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: In the event of loss covered by this endorsement, the insured shall, if requested by us, replace the property or furnish the labor and materials necessary for repairs at actual cost to the insured, excluding prospective profit or overhead charges of any nature. Any property so paid for or replaced shall, at our option, become our property. Any payment made by us shall not constitute an admission of liability by an insured, or by us. b. Paragraph 4. Other Insurance is amended as follows: (1) Paragraph 4.a. Primary Insurance is deleted. (2) Subparagraphs (1) and (2) of paragraph 4.b. Excess Insurance are deleted and replaced with the following: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis. i All other provisions that apply'to paragraph 4. Other Insurance contained in the Commercial General Liability Coverage Form are applicable. 5. For the purposes of the coverage provided by D. VOLUNTARY PROPERTY DAMAGE, the following definitions are added to SECTION V — DEFINITIONS: a. "Collapse hazard" includes "structural property damage" and any resulting "property damage" to any other property at any time. b. "Explosion hazard" includes "property damage" arising out of blasting or explosion. The "explosion hazard" does not include "property damage" arising out of the explosion of air or steam vessels, piping under pressure, prime movers, machinery or power transmitting equipment. c. "Structural property damage" means the collapse of or structural injury to any building or structure due to: (1) Grading of land, excavating, borrowing, filling, back -filling, tunneling, pile driving, cofferdam work or caisson work; or (2) Moving, shoring, underpinning, raising or demolition of any building or structure or removal or rebuilding of any structural support of that building or structure. d. "Underground property damage hazard" includes "underground property damage" and any resulting "property damage" to any other property at any time. e. "Underground property damage" means "property damage" to wires, conduits, pipes, mains,, sewers, tanks, tunnels, any similar property, and any apparatus used with them beneath the surface of the ground or water, caused by and occurring during the use of mechanical equipment for the purpose of grading land, paving, excavating, drilling, borrowing, filling, back -filling or pile driving. CL CG 0020 01 12 Includes copyrighted material of Insurance Services Page 4 of 4 Office, Inc with its permission COMMERCIAL GENERAL LIABILITY CL CG 20 71 09 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. N INSURED - OWNERS LESSEES ADDITIONAL NSU , CONTRACTORS OR OTHERS - COMPLETED OPERATIONS -AUTOMATIC STATUS, INCLUDING PRIMARY / NONCONTRIBUTORY This endorsement modifies insurance provided,;under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SECTION Ih- WHO IS AN INSURED is amIended to include as an additional insured any person(s) or organization(s) when you are obligated by virtue of a written contract or agreement that such person or organization(s) be added as an additional insured to your policy. Such person(s) or organization(s) is an additional insured only with respect to liability for "bodily injury" or "property damage" or "personal and advertising injury" caused, in whole or in part by: (1) Acts or omissions of the Named Insured; or (2) The acts or omissions of those acting on behalf of the Named Insured; and included in the "products -completed operations hazard" This insurance applies only when you are required to add the additional insured by virtue of a written contract or agreement, provided the contact or agreement is: 1. Currently in effect or becomes effectivelAuring the term of this policy; and 2. Was executed prior to the "bodily injury" or "property damage" or "personal, and advertising injury". However: a. The insurance afforded to such additional insured only applies to the extent permitted by law; and b. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. For purposes of this endorsement, throughout the policy, the terms "you" and "your" refer to the Named Insured shown in the Declarations. B. Exclusions With respect to the insurance afforded to these additional insureds, the following additional exclusions apply to "bodily injury" and "property damage" arising out of: 1. The rendering of or failure to render any professional services by you or on your behalf, but only with respect to either or both of the following operations: a. Providing engineering, architectural or surveying services to others in your capacity as an engineer, architect or surveyor; and b. Providing, or hiring independent professionals to provide, engineering, architectural or surveying services in connection with construction work you perform. 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 the failure to render, any professional architectural, engineering or surveying services. 2. Subject to Paragraph 3. below, professional services include: a. Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and CL CG 20 71 09 16 Includes copyrighted material of Insurance Services Page 1 of 2 Office, Inc., with its permission b. Supervisory or inspection activities performed as part of any related architectural or engineering activities. Professional services do not include services within construction means, methods, techniques, sequences and procedures employed by you or performed by or for the construction manager, its employees or its subcontractors in connection with your ongoing operations. C. Limits of Insurance With respect to the insurance afforded to, these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on;behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. D. Other Insurance For purposes of this endorsement, the following is added to the Section IV - Commercial General Liability Conditions, 4. Other Insurance condition and supersedes any provision to the contrary: This insurance is excess of all other insurance available to an additional insured whether on a primary, excess, contingent or any other basis. But, if required by a written contract or written agreement to be primary and noncontributory, this insurance will be primary to and will not seek contribution from any insurance on which the additional insured is a Named Insured. No other coverage or limit in the policy applies to loss or damage insured by this coverage. Page 2 of 2 Includes copyrighted material of Insurance Services CL CG 20 71 09 16 Office, Inc., with its permission COMMERCIAL AUTO CL CA 01 49 0215 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE EXPANSION ENDORSEMENT - PLATINUM This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to the coverages provided by this endorsement, the provisions of the Business Auto Coverage Form apply unless modified by this endorsement. A. NEWLY ACQUIRED OR FORMED ORGANIZA- TIONS The following is added to Paragraph A.1. Who Is An Insured of Section 11 - Covered Autos Liability Coverage: Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company or any organization excluded either by this Coverage Part or by endorsement, and over which you maintain ownership or majority interest of more than 50 percent will qualify as a Named Insured. However: 1. This insurance does not apply to any newly ac- quired or formed organization that is an "in- sured" under any other automobile policy or would be an "insured" under such policy but for its termination or the exhaustion of its Limit of Insurance. 2. Coverage does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization. 3. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy pe- riod, whichever is earlier. B. ADDITIONAL INSURED BY CONTRACT OR AGREEMENT The following is added to Paragraph A.1., Who Is An Insured of Section II - Covered Autos Liability Coverage: When you have agreed in a written contract or agreement to include a person or organization as an additional "insured", such person or organiza- tion is included as an "insured" subject to the fol- lowing: 1. Such person or organization is an additional "insured" only to the extent such person or or- ganization is liable for "bodily injury" or "prop- erty damage": because of the conduct of an "insured" under Paragraphs a. or b. under Paragraph A.1. Who Is An Insured of Section II - Covered Autos Liability Coverage, caused by an "accident" and resulting from the owner- ship, maintenance or use of a covered "auto"; 2. The written contract or agreement described above must have been executed prior to the "accident" that caused the "bodily injury" or "property damage" and be in effect at the time of such "accident"; 3. The insurance afforded to any such additional "insured" does not apply to any "accident" be- yond the period of tirne required by the written contract or agreement described above; 4. The most we will pay on behalf of such addi- tional "insured(s)" is the lesser of: a. The Limits of Insurance specified in the written contract or agreement described above; or b. The Limits of Insurance shown in the Dec- larations. This provision shall not increase the Limit of Insurance shown in the Declarations in this policy or coverage part; and 5. The following changes are made to Paragraph 5. Other Insurance of B. General Conditions under Section IV - Business Auto Conditions: a. The following is added to Paragraph 5.a.: If required by the written contract or agreement described above, the insur- ance afforded to the additional insured un- der this provision will be primary to, and will not seek contribution from, the addi- tional insured's own insurance. b. Paragraph 5.c. is deleted in its entirety. CL CA 01 49 02 15 Includes copyrighted material of Insurance Services Page 1 of 5 Office, Inc., with its permission 6. Paragraph A.1.c. under Section II - Covered Autos Liability Coverage is deleted in its en- tirety. 7. The definition of "insured contract" under Sec- tion V - Definitions is amended to add the fol- lowing: An "insured contract" does not include that part of any contract or agreement: That pertains to the ownership, maintenance or use of an "auto" and which indemnifies a person or organization for other than the vicar- ious liability of such person or organization for "bodily injury" or "property damage" caused by your operation or use of a covered "auto". However, a person or organization is an addi- tional "insured" under this provision only to the extent such person or organization is not named as an "insured" by separate endorse- ment to this policy. C. EMPLOYEES AS INSUREDS The following is added to Paragraph A.1. Who Is An Insured Section II - Covered Autos Liability Coverage: Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. D. INCREASED COVERAGE - BAIL BONDS The Supplementary Payments Coverage Exten- sion of Section II - Covered Autos Liability Cover- age is amended as follows: The Limit of Insurance in paragraph A.2.a.(2) is increased to $5,000. E. INCREASED COVERAGE - LOSS OF EARN- INGS The Supplementary Payments Coverage Exten sion of Section II - Covered Autos Liability Cover age is amended as follows: The Limit of Insurance in paragraph A.2.a.(4) is increased to $1,000. F. FELLOW EMPLOYEE COVERAGE The Fellow Employee Exclusion contained in Sec- tion li - Covered Autos Liability Coverage does not apply. This coverage is excess over any other col- lectable insurance. G. COVERAGE EXTENSION - TRANSPORTATION EXPENSES Paragraph A.4.a. Transportation Expenses of Section III - Physical Damage Coverage is amended as follows: 2. We will also pay reasonable and necessary expenses to facilitate the return of the stolen "auto" to you. 3. It is agreed and understood and it is our stated intent that expenses incurred by you under the Transportation Expenses Coverage Exten- sion will not also be covered or paid under the Rental Reimbursement Coverage provided by this endorsement or any rental reimbursement coverage added by separate endorsement to this policy. H. EXTENDED COVERAGE - AIRBAGS The following is added to Exclusion 13.3.a. of Sec- tion III - Physical Damage Coverage: However, this exclusion does not apply to the un- intended discharge of an airbag. This coverage is excess over any other collectible insurance or warranty providing such airbag cov- erage. I. AUTO LOAN/LEASE GAP COVERAGE The following is added to Section III - Physical Damage Coverage, Paragraph C. Limits of Insur- ance. 4. In the event of a total "loss" to a covered "auto", we will pay any unpaid amount due on the lease or loan for a covered "auto", less: a. The amount under the Physical Damage Coverage section of the policy; and b. Any: (1) Overdue lease/loan payments at the time of the "loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (5) Carry-over balances from previous loans or leases. J. GLASS REPAIR - NO DEDUCTIBLE The following is added to Paragraph D. Deductible of Section III - Physical Damage Coverage: Any Comprehensive Coverage deductible shown in the Declarations does not apply to "loss" to glass when you elect to patch or repair rather than replace the glass. 1. The Limits of Insurance are increased to $75 K. INCREASED COVERAGE - ELECTRONIC per day to a maximum of $2,500. EQUIPMENT Page 2 of 5 Includes copyrighted material of Insurance Services CL CA 01 49 0215 Office, Inc., with its permission The $1,000 limit indicated in Paragraph CA.b, un- der Section III - Physical Damage Coverage is in- creased to $2,500. L. EXTENDED COVERAGE - PERSONAL PROP- ERTY The following is added to Paragraph A.4. Cover- age Extensions of Section III - Physical Damage Coverage: Physical Damage Coverage on a covered "auto" may be extended to "loss" to your personal prop- erty or, if you are an individual, the personal prop- erty of a family member, that is in the covered "auto" at the time of "loss" and caused by an "ac- cident" and resulting from the ownership, mainte- nance or use of a covered "auto". The insurance provided by this coverage exten- sion is excess over any other collectible insur- ance. The most we will pay for any one "loss" un- der this coverage extension is $500. However, our payment for "loss" to personal property will only be for the account of the owner of the property. Under this 'provision, personal property does not include and we will not pay for 'loss" of currency, coins, securities or contraband. No deductible applies to this coverage extension. M. TOWING Paragraph A.2. Towing of Section III - Physical Damage Coverage, is replaced by the following: If a private passenger type "auto" or light truck "auto" (0-10,000 Lbs. GVW) is provided both Com- prehensive and Collision Coverage, we will pay up to $150 for towing and labor costs incurred each time such "auto" is disabled. If a medium, heavy or extra -heavy truck or extra -heavy Truck -tractor "auto" (greater than 10,000 Lbs. GVW) is provided both Comprehensive and Collision Coverage, we will pay up. to $250 for towing and labor costs in- curred each time such "auto" is disabled. How- ever, the labor must be performed at the place of disablement. N. FIRE EXTINGUISHER RECHARGE The following is added to Paragraph A.4. Cover- age Extensions of Section IV - Physical Damage Coverage: When fire extinguishers are kept in your covered "auto" and any are discharged in an attempt to ex- tinguish a fire, we will pay the lesser of the actual cost of recharging or replacing such fire extin- guisher(s). The following is added to Paragraph A.4. Cover- age Extensions of Section III - Physical Damage Coverage: If hired "autos are covered "autos" for Covered Autos Liability Coverage and if Physical Damage Coverage is provided for any "auto" you own, then the Physical Damage coverages provided are ex- tended to "autos" you lease, rent, hire or borrow from someone other than your "employees", part- ners or members of their households subject to the following: 1. The most we will pay in any one 'loss" is the lesser of: a. The actual cash value of the "auto"; b. The cost to repair or replace the "auto"; or C. $100,000. 2. Paragraph 1. above is subject to a deductible. The deductible shall be equal to the amount of the highest deductible shown for any owned "auto" of the same classification for that cov- erage.. In the event there is no owned "auto" of the same classification, the highest deduct- ible for any owned "auto" will apply for that coverage. No deductible will apply to 'loss" caused by fire or lightning. 3. Hired Auto Physical Damage Coverage is subject to the following: a. If symbol 8 is shown in the Covered Auto section of the Declarations page for any of the Physical Damage coverages, then the Hired Auto Physical Damage coverage described in this endorsement does not apply. b. Other than indicated in Paragraphs a. di- rectly above, coverage provided under this provision will be excess over any other collectible insurance or coverage. 4. In addition to the limit set forth in Paragraph 1. above we will pay up to $500 per day, to a maximum of $3,500 per "loss" for: a. Any costs or fees associated with the "loss" to a hired "auto and b. Loss of use of the hired "auto", provided it is the consequence of an "accident" for which you are legally liable, and as a re- sult of which a monetary loss is sustained by the leasing or rental concern. No deductible applies to this coverage However, Paragraph A.4.b. Loss of Use Ex- penses under Section III - Physical Damage Cov- O. HIRED AUTO PHYSICAL DAMAGE COVER- erage of the Business Auto Coverage Form does AGE not apply. P. RENTAL REIMBURSEMENT COVERAGE CL CA 01 49 02 15 Includes copyrighted material of Insurance Services Page 3 of 5 Office, Inc., with its permission We will pay for rental reimbursement expenses in- curred by you for the rental of an "auto" because of "loss" to a covered "auto". 1. Payment applies in addition to the otherwise applicable amount of each coverage you have on the covered "auto". 2. No deductible applies to this coverage. 3. We will pay only for those expenses incurred during the policy period beginning 24 hours af- ter the "loss" and ending, regardless of the ex- piration date of the policy, with the lesser of the following number of days: a. The number of days when the covered "auto" has been repaired or replaced, or b. 45 days. 4. Our payment is limited to the lesser of the fol- lowing amounts: a. Necessary and actual expenses incurred; or b. Not more than $75 for any one day; 5. We will pay up to an additional $300 for the reasonable and necessary expenses you in- cur to remove your materials and equipment from the covered "auto" and replace such ma- terials and equipment on the rental "auto". 6. This coverage does not apply while there are spare or reserve "autos" available to you for your operations. 7. If "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 for under the Physical Damage Coverage Extension of the Business Auto Coverage Form or any endorsements thereto However, this provision does not apply to the extent that rental reimbursement is provided by separate endorsement to this policy. Q. DRIVE OTHER CAR COVERAGE 1. The following is added to Section II - Covered Autos Liability Coverage: a. Any "auto" you don't own, hire or borrow is a covered "auto" for Liability Coverage while being used by: (1) You, if you are designated in the Dec- larations as an individual; (2) Your partners or members, if you are designated in the Declarations as a partnership or joint venture; ' (3) Your members or managers, if you are designated in the Declarations as a limited liability company; (4) Your executive officers if you are des- ignated in the Declarations as an or- ganization other than an individual, partnership, joint venture or limited li- ability company; and (5) The spouse of any person named in Paragraphs 1.a.(1). through 1.a.(4) while a resident of the same house- hold; Except: (a) Any "auto" owned by that individ- ual or by any member of his or her household. (b) Any "auto" used by that individual or his or her spouse while working in a business of selling, servicing, repairing or parking "autos". 2. Changes In Auto Medical Payments And Uninsured And Underinsured Motorists Coverages The following is added to Who Is An Insured: Any individual named in 1.a above and his or her "family members" are "insured" while "oc- cupying" or while a pedestrian when being struck by any "auto" you don't own except: Any "auto" owned by that individual or by any "family member". 3. Changes In Physical Damage Coverage Any private passenger type "auto" you don't own, hire or borrow is a covered "auto" while in the care, custody or control of any individual named in Q.1.a. above or his or her spouse while a resident of the same house -hold ex- cept: a. Any "auto" owned by that individual or by any member of his or her household; or b. Any "auto" used by that individual or his or her spouse while working in a business of selling, servicing, repairing or parking "au- tos". 4. The most we will pay for the total of all dam- ages under Covered Autos Liability Uninsured Motorists Coverage and Underinsured Motor- ists Coverage is the Limit Of Insurance shown in the Declarations as applicable to owned "autos". 5. Our obligation to pay for, repair, return or re- place damaged or stolen property under Phys- ical Damage Coverage, will be reduced by a deductible equal to the amount of the highest Page 4 of 5 Includes copyrighted material of Insurance Services CL CA 01 49 0215 Office, Inc., with its permission deductible shown for any owned private pas- senger type "auto" applicable to that cover- age. If there are no owned private passenger type "autos", the deductible shall be $250 for Comprehensive Coverage and $500 for Colli- sion Coverage. No deductible will apply to "loss" caused by fire or lightning. 6. Additional Definition As used in this DRIVE OTHER CAR Provi- sion: "Family member" means a person related to the individual named in 1.a. by blood, mar- riage or adoption who is a resident of the indi- vidual's household, including a ward or foster child. R. KNOWLEDGE OF AN ACCIDENT, CLAIM, SUIT OR LOSS The following is added to Paragraph A.2. of Sec- tion IV - Business Auto Conditions: Your obligation to provide prompt notice of an "ac- cident", claim, "suit" or "loss" is satisfied if you or a person designated by you to be responsible for insurance matters is notified of, or in any manner made aware of an "accident", claim, "suit" or "loss" and provides us such notice as soon as practica- ble S. WAIVER OF SUBROGATION BY CONTRACT OR AGREEMENT . The following is added to Paragraph A.5 of Sec- tion IV - Business Auto Conditions: We waive -any right of recovery we may have against a person or organization because of pay- ments we make for "bodily injury" or "property damage" when you and such person or organiza- tion have agreed in writing in a contract or,agree- ment to waive such right of recovery, provided: 1. Such written contract or agreement was: a. Made prior to the "accident" or "loss" resulting in the covered "bodily injury" or "property damage"; and b. Was in effect at the time of the covered "bodily in- jury" or "property damage". 2. The covered "bodily injury" or "property damage" must arise out of the operations specified in such written contract or agreement. 3. At our request you must provide us with a copy of the aforementioned written contract or agreement. T. UNINTENTIONAL OMISSIONS The following is added Paragraph B.2. of Section IV - Business Auto Conditions: If you fail to disclose any hazards existing at the inception date of this policy, such failure will not prejudice the coverage provided to you. However, this provision does not affect our right to collect additional premium or exercise our right of cancel- lation or nonrenewal. U. LIBERALIZATION Ii/ If we revise this endorsement to provide greater coverage without additional premium charge, we will automatically provide the additional coverage to all endorsement holders as of the day the revi- sion is effective in your state. CL CA 01 49 02 15 Includes copyrighted material of Insurance Services Page 5 of 5 Office, Inc., with its permission This page has been left blank intentionally.