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2023-188 PO 20240140- Mountain View Paving Inc.
prAl Purchase Order 010 I RECORDER Fiscal Year 2024 Page: 1 of: 1 B City of Ashland ATTN: Accounts Payable 20 E. Main [ Purchase 20240140 Ashland, OR 97520 Order# T Phone: 541/552-2010 0 Email: payable@ashland.or.us . • V H C/O Water Division E MOUNTAIN VIEW PAVING, INC I 90 North Mountaiin Ave N PO BOX 508 p Ashland, OR 97520 O TALENT, OR 97540 •• Phone: 541/488-5353 • R TFax: 541/552-2329 3=AI=[510-)fa 5=_ B5 s1=_ off=l;c e_a=_E6le(t=_I=[=1��Ei=7=l=toy InJe�s 1zl =laI=lc --- —__— _( ti�_i �i 1(li --- (541) 535-3840 Steve Walker Water) Jason Robustelli (Wastewater) a e a 09/27/2023 50 FOB ASHLAND OR/NET30 City Accounts Payable 7,2-14 —_— — 01:17:147., [31_IL TPP Asphalt Patching 1 Asphalt Patching - 1.0 $2.00 $2.00 (Quarterly quotes for jobs up to$2,500) • Contract for Asphalt Patching.Services Completion date: June 30, 2028 • Special Procurement Approved by the City Council: May 16, 2023 • Valid until: June 30, 2028 Project Account: 0 Project Account: • ***************GL SUMMARY*************** 086000-602400 $1.00 I I • • • • • • • -r a By: t271:41 (V4 Date: Authorized Signat re , �h���[ $2.00 • FORT!!I #3U CITY • OF ! � D I.o ASHLAND A request for a Purchase rder REQUISITION Date of request: ' 09/25/2023 • Required date for delivery: Vendor Name MOUNTAIN-VIEW PAVING , Address,City,State,Zip Contact Name&Telephone Number • • •Email address SOURCING METHOD • 0 Exempt from Competitive Bidding ❑ Invitation to Bid . III Emergency 111 Reason for exemption: Date approved by Council: ❑ Form#13,Written findings and Authorization ❑ AMC 2.50 _(Attach copy of council communication) ❑ Written quote or proposal attached • ❑.Written quote or proposal attached _(If council approval required,attach copy of CC) ❑ Small Procurement • ❑ Request for Proposal Cooperative Procurement - Not exceeding$5,000 Date approved by Council: ❑ State of Oregon ❑ Direct Award - (Attach copy of council communication) Contract# . ❑ Verbal/Written bid(s)or proposal(s) • ❑ Request for Qualifications(Public Works) ❑ State of Washington Date approved by Council: Contract# • _(Attach copy of council communication) 0 Other government agency contract Intermediate Procurement ❑ Sale Source Agency GOODS&SERVICES ❑ Applicable Form(#5,6,7 or 8) Contract# • Greater than$5,000 and less than$100,000 ❑ Written quote or proposal attached Intergovernmental Agreement . ❑ (3)Written bids&solicitation attached ❑ Form#4,Personal Services$5K to$75K Agency PERSONAL SERVICES Date approved by Council: ❑ Annual cost to City does not exceed$25,000. Greater than$5,000 and less than$75,000 Valid until: (Date) Agreement approved by Legal and approved/signed by ❑ Less than$35,000,by direct appointment 0 Special Procurement City Administrator.AMC 2.50.070(4) ❑ (3)Written proposals&solicitation attached 0 Form#9,Request for Approval ❑ Annual cost to City exceeds$25,000,Council ❑ Form#4,Personal Services$5K to$75K 0 Written quote or proposal attached approval required.(Attach copy of council communication) . • Date approved by Council: May 16,2023 • Valid until:June 30,2028 _ (Date) • Description of SERVICES • . TOTAL•COST ASPHALT PATCHING (Quarterly quotes forjobs•up to$2,500)' • .•$ 2.00 . Item# Quantity •Unit Description of MATERIALS Unit Price Total Cost • • ❑ Per attached quote/proposal . • • TOTAL''COST •Project Number Account Number 0 8 1 8 0 0.6 0 2 4 0 0 ( •�-o ' Account Number - Account Number 0 8 6 0 0 0. 6 0 2 4 0 0 4/. at—e, • *Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve allhardware and software purchases: IT Director Date Support-Yes/No By signing this requisition form,I certify that the City's public contracting requirements have been satisfied. Employee: -41", - _am . Department Head:, ' .24 . �3 Department Manager/Superviso� j r,....7 City Manager// 'i. • ( qual •o greater than$5,000) 0 (Greater than$35,QQ0� Funds appropriated for current fi kcal year: E' /NO Tot/rfj`� Finance Director- 'qual a or greater than$5,000) Date • Comments: -- Form#3-Requisition • • • • n4 Council Business Meeting May 16, 2023 :ivti 4er>kd00.i. Special Procurement - Asphalt Patching Michael Morrison Operations Deputy Director michael.morrison@ashland.or.us . 541-552.-2325 • •Iter F p • Requested by.Council ❑ Update ❑ Request for Approval El Presentation 0 SUMMARY • Approval is being requested for a Class-Special Procurement. • This Class-Special Procurement (sourcing method) will allow the use of an alternative solicitation process to•procure asphalt patching services. City departments have to make repairs topower lines,storm drains and water lines,etc.which requires the removal of minimal areas of asphalt to expose the areas in need of repairs and/or utility installations.Written price quotes (price/square foot) for jobs up to $2,500.00 will be obtained every 60 to 90 days for asphalt patching services. Departments will be required to obtain at least three.(3) written quotes for each individual asphalt patching job anticipated to exceed $2,500.00. Currently,there are two (2) asphalt paving contractors willing to do the small jobs and one (1) contractor that only wants to bid on asphalt;patching jobs that exceed $2,500.00. Contracts and insurance certificates will be kept on file for each of the asphalt patching contractors for the term of.the Class- Special Procurement. • POLICIES,PLANS&GOALS SUPPORTED BACKGROUND AND ADDITIONAL INFORMATION A.Special Procurement (sourcing method) is used for the purpose of seeking an exemption from the competitive bid process,custom designing a contracting approach, or the direct selection or award of a public contract or for a series of contracts.The attached Form#9 Special Procurement Request for Approval (written findings) is attached for your review and consideration. The Class-Special Procurement previously approved by Council on June 7,2016, is due to expire on June 30,2023. • • FISCAL IMPACTS • • • Departments budget for repairs such as asphalt patching,each fiscal year. DISCUSSION QUESTIONS • SUGGESTED NEXT STEPS Staff recommends the Class-Special Procurement be approved for the reasons provided in the attached written findings. . • Page 1 of 2 w® Council Business Meeting • REFERENCES&ATTACHMENTS 1. Form#9 Special Procurement Request for Approval (Written Findings) • • • • • • • • • • • • • • • • • • • • • • • • Page2of2 • nrat , altrt% ihr.A • • • CITY OF • FOR #9 • . ASHLAND • • ME NA ° 9 CU martin 0 0 APPROO I . To: City Council, Local Contract Review Board From: . Mike Morrison, Operations Deputy Director Date: May 16, 2023 Subject: • REQUEST FOR APPROVAL OF A SPECIAL PROCUREMENT • In accordance with ORS279B.085, this request for approval of a Special Procurement is being presented to the City Council for approval. This written request for approval describes the proposed contracting procedure and the goods orservices or the class of goods or services to be acquired through the special procurement and the circumstances that justify the use of a special procurement under the standards set forth ORS 279B.085(4). • 1. Requesting Department Name: Water,Wastewater,and Electric 2. Department Contact Name: Steve Walker(Water);Jason Robustelli(Wastewater),Rick Barton(Electric) • 3. Type of Request: X Class Special Procurement Contract-specific Special Procurement 4. Time Period Requested: From July 1,2023 •to: June 30,2028 5. Total Estimated Cost: • 6. Short title of the Procurement: Asphalt Patching Services Supplies and/ar Services or class of Supplies and/or Services to be acquired: City departments•have to make required and.necessary repairs to power lines,storm drains and water lines, etc.which requires the removal of asphalt to expose the areas in need of repairs and/or utility • . installations. An asphalt paving contractor will then be hired to provide the material and labor to patch (replace)the asphalt as needed. Most of the asphalt paving j obs are relatively smell asphalt patching jobs that range in cost from$450.00 to$2,500.00. 7:Background and Proposed Contracting Procedure: Provide a description of what has been done in the past and the proposed procedure.The Agency may,but is notrequired to,also include the following types of documents:Notice/Advertising, Solicitation(s),Bid/Proposal Forms(s), Contract Form(s), and any other documents or forms to be used in the proposed contracting procedure. Attach additional sheets as needed. • Background: . The Class Special Procurement previously approved by Council on June 7,2016, is due to expire on June 30,2023. • • Form#9-Special Procurement—Request for Approval,Page 1 of 3,5/1/2023 • Proposed procedure: Written price quotes (price/square foot) for jobs up to $2,500.00 will be . obtained every 60 to 90 days for asphalt patching services. Departments will be required to obtain at • least three(3)written quotes for each individual asphalt patching job anticipated to exceed$2,500.00. Currently, there are two (2) asphalt paving contractors willing to do the small jobs and one (1) • contractor that only wants to bid on asphalt patching jobs that exceed $2,500.00. Contracts and insurance certificates will be kept on file for each of the asphalt patching contractors for the term of the. Class-Special Procurement. • 8. Justification for use of Special Procurement: Describe the circumstances that justify the use of a Special Procurement. Attach relevant documentation. • • This Class Special Procurement(sourcing method)will allow the use of an alternative solicitation process to procure asphalt patching services. This process will simplify the solicitation and • contracting process for the departments by eliminating the need for each department to request quotes, ' process a contract and obtain insurance certificates for each of the small asphalt paving jobs. The proposed solicitation process will continue to be an open and competitive process and contracts and insurance certificates will be maintained for each of the asphalt patching contractors. ' 9. Findings to Satisfy the Required Standards: This proposed special procurement: X (a)will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts because: The proposed solicitation process is open and competitive and will remain open and competitive.. (Please provide specific infonnation that demonstrates how the proposed Special Procurement meets this requirement.); and X (b)(i)will result in substantial cost savings to the contracting agency or to the public because: Eliminating a duplication of efforts by the departments in regard to satisfying the public contracting requirements will result in cost savings.for each city department that has a need for asphalt patching services. . (Please provide the total estimate cost savings to be gained and the rationale for determining the cost savings);or X (b)(ii)will otherwise substantially promote the public interest in a manner that could not practicably be realized by complying with the requirements of ORS 279B.055.,279B.060,279B.065, or 279B.070, or any rules,adopted thereunder because: The proposed solicitation process will remain open and competitive,result in cost savings by eliminating a duplication of efforts by departments and satisfy the City's public contracting requirements. • (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.) • • Form#9-Special Procurement—Request for Approval,Page 2 of 3,5/1/2023 Public Notice: Pursuant to ORS 279B.085(5) and OAR 137-047-0285(2), a Contracting Agency shall give public notice of the Contract Review Authority's approval of a Special Procurement in the same manner as a public notice of competitive sealed Bids under ORS 279B.055(4) and OAR 137-047-0300.The public notice shall describe the Goods or Services or class of Goods or Services to be acquired through the Special Procurement and shall give such public notice of the approval of a Special Procurement at least seven(7)Days before Award of.the Contract. - After the Special Procurement has been approved by the City Council,the following public notice will be posted on the City's website to allow for the seven(7)day protest period. Date Public Notice first appeared on www.ashland.or.us- [f approved, May 17, 2023] , PUBLIC NOTICE Approval of a Special Procurement • • First date of publication: [f approved, May 17, 2023] • - A request for approval of a Special.Procurement was presented to and approved by the City Council,acting as the Local Contract Review Board, on.[if approved, May 16, 2023] This Class Special Procurement(sourcing method)will allow the use of an alternative solicitation process to procure asphalt patching services. Written price quotes (price/square foot)for jobs up to$2,500.00 will be obtained every 60 to 90 days for • asphalt patching services. Departments will be required to obtain at least three(3)written quotesfor each asphalt patching jobs anticipated to exceed$2,500.00. This process will simplify the solicitation and contracting process for the departments by eliminating the need for each department to request quotes,process a contract and obtain insurance . . • - certificates for each of the small asphalt paving jobs. The proposed solicitation process • will continue to be an open and competitive process and contracts and insurance certificates will be maintained for each of the asphalt patching contractors. • It has been determined based on-Written findings that the Special Procurement will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts,and result in substantial cost savings or • - substantially promote the public interest in a manner that could not be realized by complying with the requirements that are applicable in ORS 279B.055,279B.060, 279B.065,or.279B.070. An affected person may protest the request for approval of a Special Procurement in accordance with ORS 279B.400 and OAR 137-047-0300. A written protest shall be delivered to the following address: City of Ashland,Kariann Olson,Purchasing • Representative,90 N.Mountain Avenue,Ashland, OR 97520. The seven(7)protest period will expire at 5:00pm on[ifpublished May 17, 2023, will expire May 24, 2023] • • This public notice is being published on the City's Internet World Wide Web site at least seven days prior to the award of a public contract resulting from this request for approval of a Special Procurement. • Form#9-Special Procurement—Request for Approval,Page 3 of 3,5/1/2023 i t \ 1 1 • Posting Number PUBLIC NOTICE ASPHALT PATCHING . . 1 . Project Name: SPECIAL.PROCURENIENTASPHALT PATCHING / • •Release Dafe: 5117/2023 . Due Date: 5/2412023 - i Due Time: 5:00:00 PM - - • Status None • - • • . Description: PUBLIC NOTICE • -• approval of a Special Procurement • First date of publication: May 17,2023=, A request for approval of a Special Procurement was presented to and approved by the City Council,acting as the Local ContractRev��Board, an May 16,2023. _ • This Class Special Procurement(spurring method)will allow the use of an alternative solicitation process to procure asphalt patching services_ Written price quotes(price/square foot)for jobs up to$2300:00 will be obtained every 60 to 90 days for asphalt patching services_ Departments Will.be required to obtain at least three(3)written quotes for each asphalt patching jobs anticipated to exceed$2,500.00_This - process will simplifythe solicitation and contracting process for the departments by elirrxiriating the need for each department to request quotes, I process a contract and obtain insurance certificates for each ofthe small asphalt paving jobs.Currently,there are two(2)local contractors that i • -• • • continue to rant to bid on asphalt palAin¢jobs less than S2,500 and one(1)contractor that has requested.to bid on jobs That exceed 52,500_The proposed solicitation process will continue to be an open and competitive process and contracts and insurance certificates will be maintained for each of-the asphaltpatching contractors. - ' It has been determined based on written findings that the Special Procurement wilt be nnlilrely to encourage favoritism iii.the awarding of public • contracts or to substantially diminish competition for public contracts,and result in substantial cost savings or substantially promote the public - interest in a manner that could not be realized by complying with the requirements that are applicable in_CR i 279B:055.,279B_060;279B_065, or279B.070_ . • . An affected personmay protest the request for approval of a Special Procurement in accordance with ORS 279B.400 and OAR 137-047-0300.. • • A written protest shall be delivered to the following address:City ofAshland,Kari Olson Purchasing Representative,90 N_Mountain Avenue, • Ashland,OR 97520: The seven(7)protest period will expire at 5.00pm on May 24;2023. - Thispublic notice is being published on the City's Internet World Wide Web site at least seven days prior to the award of a public contract resulting from Chic request for approval of a Special Procurement_ . Request Bid Packet and/or Plan Holder List and Other information - • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • . • • • • • • • • • • • • • • • • • • • • • • • • • • • r 1 • • • • • CITY .OF ASHLAND Request for Quote • DATE: . August 31,2023 TO: Mountain View Paving-Paul Meyer tnountainviewpaving( ,,yahoo.com Fax:541-535-3865 ' • Pacific Paving -Terry Schoenleder/Terry Simcoe • • • Pacpavinainc-cr,gmail.com Fax:541-772-0080 FROM: Kari Olson,Purchasing Representative RE: RFO—ASPHALT PATCHING SERVICES • Please provide firm prices for asphalt patching jobs less than$2,500.00(jobs exceeding$2,500 will be bid individually). Prices will be valid: September 1,2023 to December 1,2023• . • PRICE PER SQUARE FOOT • . Laid in place(4") .$ $ 5 b • 5, ,er Laid in place(4"),plus.prepw.ork-S 7, °d �z Additional information: A"F`l R--ra., a-v.r...at . .LC10 Cry's i 7b'1, UJLt t�9., -ivy ivo l wt. V,r.-g, e5,r Company Name: �Lac 4 P/ ? Contact Name: Q t tCi2 .1)ar4oLJ O! 0 PA,-1 '• Date: rr- , �' 7 ' The sourcing method for this procurement is a Special Procurement as approved by the City Council on June 7.2016.Contractors must • have on file a current executed contract and certificates of insurance in their own names. No subcontracting permitted.If you have any ' questions and/or need additional information,please call me directly at 541-488-5354. Thank you. Kari Olson Purchasing Representative , • PURCHASING Tel:541-488-5354 - • • . Finance Department Fax:541-488-5320 . 90 N.Mountain Avenue TTY:800-735-2900 WIN& Ashland,Oregon 97520 . • www.ashland.or,us • . Contract for As•halt Patchin• Services • CITY Or CONTRACTOR: Mountain View Paving ASHLAND CONTACT: Paul Meyer 20.East Main Street • Ashland, Oregon 97520 ADDRESS: PO Box 508, Talent, OR 97540 Telephone: 541/488-6002 • Fax: 541/488-5311 TELEPHONE: 541-535-3840 DATE AGREEMENT PREPARED:August 31,2023 . CELL: 541-210-3735 BEGINNING DATE: September 1, 2023 COMPLETION DATE: June 30, 2028 COMPENSATION: Written bids (price/square foot)for asphalt patching jobs up to $2,500.00 will be obtained every 60-90 days for asphalt patching services. Departments will be required to obtain at least three (3) written bids for each individual asphalt patching job anticipated td exceed $2,500.00. GOODS AND SERVICES TO BE PROVIDED: ASPHALT PATCHING SERVICES ADDITIONAL TERMS: Special Procurement (Alternative contracting process) approved by the City Council on May 16, 2023, for a term beginning on July 1; 2023 and ending on June 30, 2028, NOW THEREFORE, pursuant to AMC 2.50.090 and after consideration of the mutual covenants contained herein the • CITY AND CONTRACTOR AGREE as follows: 1. All Costs by Contractor: Contractor shall, provide"all goods as specified above and shall at its own risk and expense, perform any work described above and, unless otherwise specified, furnish alllabor, equipment and ' materials required for the proper performance of such work. 2. Qualified Work: Contractor has represented, and by entering into this contract now represents,that any personnel assigned to the work required under this contract are fully qualified to perform the work to which they will be assigned in a skilled and worker-like manner and, if required to be registered,licensed or bonded by the State of Oregon, are so registered, licensed and bonded.Contractor must also maintain a current City business license. 3. Completion Date: Contractor shall provide all goods in accordance with the standards and specifications, no later than the date indicated above and start performing the work under this contract by the beginning date indicated • above and complete the work by the completion date indicated above. 4. Compensation: City shall pay Contractor for the specified goods and for any work performed, including costs and expenses, the sum specified above. Payments shall be made within 30 days of the date of the invoice. Should the contract be prematurely terminated,payments will be made for work completed and accepted to date of termination. 5. Ownership of Documents:All documents prepared by Contractor pursuant to this contract shall be the property of . City. 6. Statutory Requirements: ORS 279B.220,279B.225, 279B.230, 279B,235, ORS Chapter 244 and ORS 670.600 are made part of this contract. 7. Living Wage Requirements: If contractor is providing services under this contract and the amount of this contract is$25,335.05 or.more, Contractor is required to comply with chapter 3,12'of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees performing work under this contract and to any subcontractor • • . who performs 50%or more of the work under this contract. Contractor is also required to post the notice attached hereto as Exhibit B predominantly in areas where it will be seen by all employees. 8. Indemnification: Contractor agrees to defend, indemnify and save City, its officers, employees and agents harmless from any and all'losses,claims, actions, costs, expenses,judgments,subrogations, or other damages resulting from injury to any person (including injury resulting in death), or damage(including loss or destruction)to property, of whatsoever nature arising out of or incident to the performance of this contract by Contractor(including but not limited to, Contractor's employees,agents, and others designated by Contractor to perform work or services attendant to this contract). Contractor shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs, judgments, or other damages, directly,solely, and proximately caused by the negligence of City. 9. Termination: a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties. b, City's Convenience. This contract may be terminated at any time by City upon 30 days'notice in writing • and delivered by certified mail or in person. c. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of written notice to Contractor, or at such later date as may be established by City under any of the following . conditions: i. If City funding from federal, state, county or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services; Contract for Asphalt Patching Services, Page 1 of 5 • ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract or are no longer eligible for the funding proposed for payments authorized by this contract; or • . iii. . If any license or certificate required by law or regulation to be held by Contractor to provide the services required by this contract is for any reason denied, revoked, suspended, or not renewed. d. For Default or Breach. i, Either City or Contractor may terminate this contract in the event of a breach of the contract by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not • entirely cured the breach within 15 days of the date of the notice, or within such other period as the party giving the notice may authorize.or require, then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice. • U. Time is of the essence for Contractor's performance of each and every obligation and duty under this contract. City by written notice to Contractor of default or breach, may at any time terminate • . the whole or any part of this contract if Contractor fails to provide services called for by this contract within the time specified herein or in any extension thereof. iii. The rights and remedies of City provided in this subsection (d)are not exclusive and are in addition to anyother rights and remedies provided by law or under this contract, e, Obligation/Liability of Parties. Termination or modification of this contract pursuant to subsections a, b, or • c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. However, upon receiving a notice of termination (regardless whether such notice is given pursuant to subsections a, b, c or d of this section, Contractor shall immediately cease all activities under this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Contractor shall deliver to City all contract documents, information, works-in-progress and other property that are or would be deliverables had the contract been completed. City shall pay Contractor for work performed prior to the termination date if such work was performed in accordance with the Contract. • 10. Independent Contractor Status: Contractor is an independent Contractor and not an employee of the City. Contractor shall have the complete responsibility for the performance of this contract. 11. Non-discrimination Certification:The undersigned certifies that the undersigned Contractor has not discriminated against minority,women or,emerging small businesses enterprises in obtaining any required subcontracts. Contractor further certifies that it shall not discriminate in the award of such subcontracts, if any. The Contractor • understands and acknowledges that it may be.disqualified from bidding on this contract, including but not limited to City discovery of a misrepresentation or sham regarding a subcontract or that the Bidder has violated any requirement of ORS 279A.110 or the administrative rules implementing the Statute, 12. Asbestos Abatement License: If required under ORS 468A.710, Contractor or Subcontractor shall possess an asbestos abatement license. 13. Assignment and Subcontracts: Contractor shall not assign this contract or subcontract any portion of the work without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be void. Contractor shall be fully responsible for the acts or omissions of any assigns or subcontractors and of all persons employed by them, and the approval by City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and City, 14. Use of Recyclable Products: Contractor shall use recyclable products to the maximum extent economically feasible in the performance of the contract work set forth in this document. 15. Default. The Contractor shall be in default of this agreement if Contractor: commits any material breach or default of any covenant, warranty, certification, or obligation it owes under the Contract; if it loses its QRF status pursuant to the QRF Rules or loses any license, certificate or certification that is required to perform the work or to qualify as a QRF if Contractor has qualified as a QRF for this agreement; institutes an action for relief in bankruptcy or has instituted against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business on a regular basis of the type identified in its obligations under the Contract; or attempts.to assign rights in, or delegate duties under, the Contract. 16, Insurance, Contractor shall at its own expense provide the following insurance: a. Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers'compensation coverage for all their subject workers b. General Liability insurance with a combined single limit, or the equivalent,ef-not less than$2,000,000 or for each occurrence for Bodily Injury and Property Damage. It shall include contractual liability coverage for the indemnity provided under this contract. c• Automobile Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000,$1,000,000, or Not Applicable for each accident for Bodily Injury and Property Damage, • including coverage for owned, hired or non-owned vehicles, as applicable. d. . Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s)without 30 days'written notice from the Contractor or its insurer(s) to the City. Contract for Asphalt Patching Services,Page 2 of 5 • • e. Additional Insured/Certificates of Insurance. Contractor shall name The City of Ashland,, Oregon, and its elected officials, officers and employees as Additional Insureds on any insurance policies required herein, excluding Workers'Compensation, but only with respect to Contractor's services to be provided under this Contract. As evidence of the insurance coverages required by this Contract,the Contractor shall furnish acceptable insurance certificates prior to commencing work under this contract The contractor's insurance is • primary and non-contributory.The certificate will specify all of the parties who are Additional Insureds. Insuring ' companies or entities are subject to the City's acceptance. If requested, complete copies of insurance policies,. trust agreements, etc. shall be provided to the City. The Contractor shall be financially responsible for all pertinent deductibles,self-insured retentions and/or self-insurance. 17. Governing Law;Jurisdiction;Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding (collectively,"the claim")between the City(and/or anyother or department of the State of Oregon) and the Contractor that arises from or relates to this contract shall be brought and conducted solely and exclusively within • 'the Circuit Court of Jackson County for the State of Oregon. If,however, the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the . • District of Oregon filed in Jackson County, Oregon: Contractor, by the signature herein of its authorized • representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United States Constitution, or otherwise,from any claim or from the jurisdiction. 18. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT,' MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS,AGREEMENTS', OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. • CONTRACTOR, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE.HAS READ THIS CONTRACT, UNDERSTANDS IT,AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. • 19. Nonappropriations Clause. Funds Available and Authorized: City has sufficientfunds currently available and ' authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Contractor , understands and agrees•that City's payment of amounts under this contract attributable to work performed after the • last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow • City in the exercise_of its reasonable administrative discretion,tocontinue to make payments under this contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Contractor, with no further liability to Contractor. 20. Prior Approval.Required Provision.Approval by the City of Ashland Council or the Public Contracting Officer is • required before any work may begin under this contract. • 21..Certification. Contractor shall sign the certification attached hereto as Exhibit A and herein incorporated by • • reference) • Mountain Viev}i Paving: .. City of Ash d: By � • By rt /' Signature • J. ep L, Lessard, City Manager • • )Print Name 16111 �� ate Title • .VP f`t.A6 TO PO • AshlandCtraw Contract for Asphalt Patching Services,Page 3 of 5 • • • www.saif.com saih : . Oregon Workers' Compensation • • • Certificate of Insurance Certificate holder:. • • CITY OF ASHLAND 90 N MOUNTAIN AVE . ASHLAND, OR 97520 • The policy of insurance listed below has been issued to the insured named below for the policy period indicated.The insuranceafforded by this policy is subject to all the terms, exclusions and conditions of , • such policy;this policy is subject to change or cancellation at any time. . Insured ! Producer/contact • Mountain View Paving Inc Hub International Northwest LLC-Eugene PO Box 508 Mike Godfrey • Talent, Or 97540-0508 541.650.6772 mike.godfrey@hubinternational.com Issued 09/20/2023 Limits of liability Policy 496578 Bodily Injury by Accident $500,000 each accident Period 10/01/2023 to 10/01/2024 Bodily Injury by Disease $500,000 each employee Body Injury by Disease $500,000 policy limit • Description of operations/locations/special items All operations performed by the named insured for the certificate holder in accordance with policy terms and conditions. • Important This certificate is issued as a matter of information only and confers no rights to the certificate holder.This certificate does not amend, extend or alter the coverage afforded by the policies above. This certificate does not constitute a contract between the issuing insurer, authorized representative or producer and the certificate holder. • CANCELLATION: • SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED TO THE POLICYHOLDER AND CERTIFICATE HOLDER IN ACCORDANCE WITH THE POLICY PROVISIONS AND OREGON LAW.SAIF WILL ENDEAVOR TO PROVIDE WRITTEN NOTICE WITHIN 30 DAYS WHENEVER POSSIBLE. T O PROVIDE representative Chip Terhune President and CEO . • • • I • • • • • 400 High Street SE Salem,OR 97312 • • • P:800.285.8525 Policy_OLCA CertificateOflnsurance F:503.584.9812 aA�o • CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) • `�' 9/28/2023 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms-and conditions of the policy, certain policies may require an endorsement. A statement on this certificate'does not confer rights to the certificate holder in lieu of such endorsement(s). ' PRODUCER CONTACT NAME: Kim Schnetzky HUB International Northwest, LLC PHONE FAX PO Box 10167 INC.No.Exth 541-687-1117 (A/C,No):541-342-8280 • Eugene OR 97440 • ADDRESS: kim.schnetzky@hubinternational.com ' INSURER(S)AFFORDING COVERAGE NAIC# • • — INSURER A:Cincinnati Casualty • 28665 ' INSURED 14229 -INSURER B l Mountain View Paving Inc ' PO BOX 508 INSURER C: . . Talent OR 97540 INSURER D:. INSURER E: . ' • INSURER F: COVERAGES CERTIFICATE NUMBER:2016111948 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 CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ' LTRINSR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP wLIMITS INSD vD POLICY NUMBER (MM/DD/YYYY) (MM/DDIYYYY) A X COMMERCIAL GENERAL LIABILITY Y: Y EPP 0404007 9/25/2023 9/25/2024 EACH OCCURRENCE $1,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) $500,000 • • I MED EXP(Any one person)_ $10,000 ' - PERSONAL&ADV INJURY $1,000,000- • GEN'L AGGREGATE LIMIT APPLIES PER: . • GENERAL AGGREGATE . $2,000,000 POLICY X jE& LOC PRODUCTS-COMP/OP AGG $2,000,000 ' OTHER: • $ • A AUTOMOBILE LIABILITY Y Y EPP 0404007 9/25/2023 9/25/2024 COMBINED SINGLE LIMIT $1,000,000 (Ea accident) . X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED ' BODILYINJURY(Per accident) $• AUTOS ONLY AUTOS ,-- •x •X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY _AUTOS ONLY (Per accident) A X UMBRELLALIAB X OCCUR EPP 0404007 9/25/2023 9/25/2024 EACH OCCURRENCE $1,000,000 • _ EXCESS LIAB CLAIMS-MADE • AGGREGATE $-1,000,000 DED RETENTION$ $ WORKERS COMPENSATION- PER OTH- • AND EMPLOYERS'LIABILITY YINSTATUTE ER • ANYPROPRIETOR/PARTNER/EXECUTIVENIA E.L.EACH ACCIDENT $ . . ' OFFICER/MEMBER EXCLUDED? (Mandatory in NH) • E.L.DISEASE-EA EMPLOYEE $' If yes,describe under - DESCRIPTION OF OPERATIONS below E.L.DISEASE.-POLICY LIMIT $ A Scheduled Equipment ' EPP 0404007 9/25/2023 9/25/2024 Limit:See Below Ded:$1,000 • All Risk Incl Flood Leased&Rented Equip. . , Limit:$100,000 Ded:$500 - DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate holder and all entities required by written contract are included as additional insureds on a primary and non-contributory basis with waiver of- subrogation as respects to the general liability including completed operations and auto liability,including waiver of subrogation as required by written contract per attached endorsements.Subject to policy limits,terms,conditions and exclusions. • • • CERTIFICATE HOLDER CANCELLATION - • SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Ashland . - • 90 N. Mountain ` ' , AUTHORIZED REPRESENTATIVE Ashland OR 97520 - • . ,__ --,14.61-e'l . •I • • ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD - • • THIS ENDORSEMENT CHANGES.THE POLICY.PLEASE READ IT CAREFULLY. ' b. By way of an edition of an ISO add- '2. With respect to the insurance afforded to ' tlonal insured endorsement that in: the additional insureds described In Para- • dudes arising out of your ongoing graph 8.1..the following additional exclu- • CONTRACTORS ADDITIONAL INSURED-AUTOMATIC STATUS operations or arising out of"your sloes apply:. . AND AUTOMATIC WAIVER OF SUBROGATION work": This Insurance does not apply lo: , then the phrase caused,In whale or In WHEN REQUIRED IN WRITTEN CONTRACT,AGREEMENT, - part,by In Paragraph Ai...and/or Para- a. "Bodily injury","property damage"or •graph A.1.b.above,whichever applies,Is "personal and advertising Injury"arts- PERMIT OR AUTHORIZATION replaced by the phrase arising out of. Ing out of operations performed for the federal government,state or mu- • - 3. With respect lathe Insurance afforded to nicipality;or This endorsement modifies insurance provided under the following: • the additional Insureds described In Para- b. 'BOdii Injury'or°roe damage" ' . - graph A7.,the following additional exclu- Included J within pthe�°productts- sion applies: completed operations hazard." COMMERCIAL GENERAL LIABILITY COVERAGE PART • This Insurance does not apply to"bodily Wir y,°property damage or'personal C. The Insurance afforded to additional Insureds ' A Additional Insured-Owners,Lessees Or duded In the "products-completed and advertising Injury°arising out of the described in Paragraphs A.and B.: Contractors-Automatic Status For Other operations hazard",but only if: rendering of.or the failure to render,any • 1. Only applies to the extent permitted by Parties When Required In Written Contract • 'professional architectural,engineering or law;and Or AgreementWith You • (1)The Coverage Part to which this • surveying services,including: . endorsement Is attached pro- 2. Will not be broader than that which you 1. Section II - Who Is An Insured Is • vides coverage for'bodily Injury" . a. The preparing,approving or failing to are required by the written contract,writ-. amended to include as an additional in- or°property damage"included prepare or approve, maps, shop • ten agreement,written permit or written sured any person or organization you within the 'products-completed drawings,opinions,reports,surveys, authorization to provide far such addition- have agreed in writing In a contract or operations hazard";and ( field orders,change orders or draw- al insured;and agreement to add as an additional In- Ings and specifications;or sured on this Coverage Part.Such per- (2) The written contract or written •3. Does not apply to any person,organiza- son(s)or organlzation(s)Is an additional agreement requires you to pro- b. Supervisory,Inspection•architectural lion,state,governmental agency or sub- insured only with respect to liability for. vide additional Insured coverage or engineering activities. division or political subdivision specifically Included within the "products- This exclusion ap'pne5 even If the claims named as an additional insured for the a. "Bodily Injury',°properly damage"or completed operations hazard" against any Insured allege negligence or same project in the schedule of an en- ."personal and advertising injury" for that person or organization. other wrongdoing In the supervision,hfr- dorsemenl added to this Coverage Part caused,in whole or in pact, the' • • If the written contract or written Ing.employment,trainingor monitoring of performance of your ongoing opera- g g D. With respect to the Insurance afforded to the tions by you-or on your behalf,under agreement requires you to provide others by that insured,if the"occurrence° additional insureds w described In Paragraphs that written contract or written additional Insured coverage included which caused the°bodily injury'or"prop- A.and B.,the following Is added to Section III agreement.Ongoing operations does within the"products-completed oper- erty damage, or the offense which -Limits Of Insurance: /- not apply to"bodily injury or"proper-- • ations hazard"for a specified length caused the"personal and advertising Inju• ty damage•occurring after of time for that person or organize- • of,involved the rendering of,or the fail- The most we wit pay on behalf of the addi- • tion,the'bodily injury"or'property ore to render,any professional archilec- banal insured is the amount of insurance: . (11 All work. including materials, damage"must occur prior to the ex- foal,engineering or surveying services. •1. Required by the written contract,Written parts or equipment famished In' proton of that period of time In order 4. This Paragraph A.does not apply to add- agreement,written permit or written au- connection with such work,on for this Insurance to apply. Ilona!Insureds described In Paragraph B. thorration described in Paragraphs A. maintenancetha project(other than service, If the written contract or written and B.For the purpose of determining the • or repairs),to beB. Additional Insured-State Or Governmental performed by or on behalf of the agreement requires you to provide Agency Or Subdivision Or Political Subdl- required amount of Insurance only,we will additional insured(s)at the loco- additional insured coverage fora Include the minimum amount of any Um- , aro organization'per onlyvision-Automatic Status When Required brella Liability or Excess Liability cover- tan of the covered operations personrg ISO In Written Permits Or Authorizations ty ty • has been completed;or additional Insured endorsement form age required for that additional Insured in. number CG 2010,without specifying 1. Section II -Who Is An Insured Is that written contract,written agreement,.`- (2) That portion of"your work"out of an edition date,and without specg- amended to include as an additional in- written permit or written authorization;or which the Injury or damage ads- .rally.requiring additional Insured sured any stale or governmental agency 2. Available under the applicable limits of In- • es has been put to its intended coverage included within the"prod- or subdivision or political.subdivision you surance; use by any person or organize- ' acts-completed operations hazard", have agreed in writing In permit or au- lion other than another contrac- this Paragraph b.does not apply to ihorieation to add as an additional insured whichever Is less. for or subcontractor engaged In that person or organization. on this Coverage Part.Such stale or io, performing operations for a prin- 2. If the written contract or written aernmental agency or subdivision or pont- Tills endorsement shall not increase the a pp l- cipal as a part of the same pro- agree- cal subdivision is an additional insured cable emits of Insurance. men!described In Paragraph 1.above Inch andt my with respect to operations performed • spnal Insured requires you to provide add!- E. Section IV•Commercial add the following:Liability by you orae your behalf fof which the Conditions is amended to the b. "Bodily Injury°re°property damage° tonal insured coverage to that person or •caused,In whole or in part•by°your organization: • stale orogovernmental subdivisiondagency Issued,sued,vl- work"performed under that written slon political has In Automatic Additional Insured Provision• contract or written agreement and In- a. Arising out of your ongoing opera- writing,a permit or authorization. • tons or arising LTC( work°;or Includes copyrighted material of Insurance Incudes copyrighted material of Insurance , GA 472 OS 20 . Services Office.Inc.with Its permission. -Page 1 of 3 GA 472 05 20 Services Office,Inc,with Its permission. Page 2 of 3. • • • • • • • • This insurance applies only If the'bodily Inju• scribed In Paragraph A.or B.that this In. • • ry or'property damage"occurs,or the'per- surance would be primary to any other in- , sonal and advertising injury offense Is corn- surance available to the additional in- milted: sured. 1. During the polity period;and, As used In this endorsement,wrap-up insur• • ante means a centralized insurance program 2. Subsequent to your execution of the writ- under which one party has secured either In- ' ten contract or written agreement,or the surance or self-insurance covering some or all ' Issuance al a written permit or written au• of the contractors or subcontractors perform • - thorization,described in Paragraphs A. ing work on one or more specific proJect(s). — • and B. • Primary And Noncontributory insurance - F.. Except when G.below applies,the following is When Required By Written Contract, added to Section IV-Commercial.General Agreement,Permit Or Authorization • Liability Conditions,Other insurance,and supersedes any provision to the contrary: Except when wrap-up insurance applies la the When Other Additional Insured Coverage claim or'suit'on behalf of the additional in-' g sured,this Insurance is primary to and will not • Applies On An Excess Basis seek contribution from any other Insurance This Insurance is primary to other insurance available to the additional insured described in • . available to the additional insured described in Paragraphs A.and B.provided that: ' Paragraphs A.and B.except' 1. The additional insured is a Named in- 1. As otherwise provided in Section IV- • sured under such other Insurance;and • , Commercial General Liability Condi. 2. You have agreed In writing In a contract, • lions,Other Insurance.b.Excess In- agreement,permit or authorization de- surance;or scribed in Paragraph A.or B.that this In- 2. For any other valid and collectible insur- surance would be primary and would not • • ance available to the additional insured as , seek contribution from any other insur- an additional Insured on another insur- ance available to the additional Insured. ance policy that Is written an an excess As used In this endorsement,wrap-up lasur- • basis.In such case,this insurance is also ance means a centralized insurance program excess. under which one party has secured either In • - G. The following Is added to Section IV-Corn- surance or self-Insurance covering some or all • merclal General Liability Conditions,Other of the contractors or subcontractors perform- Insurance,and supersedes any provision to ing work on one or more spedfic project(s). the contrary: H. Section IV-Commercial General Liability • Primary Insurance When Required By Writ- Conditions,Transfer Of Rights Of Recov- ;r ten Contract,Agreement,Permit Or Au- ery Against Others To Us Is amended by the • thorization addition of the following: ' • Except when wrap-up Insurance applies to the Waiver of Subrogation claim or'suit'on behalf of the additional In- We waive any right of recovery against any sured.this Insurance is primary to any other additional Insured under this endorsement, insurance available to the additional Insured because of any payment we make under this described In Paragraphs A.and B.provided endorsement, to whom the Insured•has - • - that waived its right of recovery In a written con- 1. The additional Insured is a Named In- tract,written agreement,written permit or writ- sured undersuch other insurance;and len authorization.Such waiver by us applies • only to the extent that the Insured has waived ' • • 2. You have agreed in writing Ina contract, its right of recovery against such additional In- agreement,permit or authorization de- sured prior to loss. • • Includes copyrighted material of Insurance GA 472 en 20 Services Office,Inc,with ilsponnisslon. Page 3 of 3 • • l , • • • • t • • • • • \ • • • • • • • • • • • • THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. b. Loss or Earnings:$ 500 • 5. Medical Payments • CONTRACTORS'COMMERCIAL GENERAL LIABILITY Medical Expense unlit 510,000 • BROADENED ENDORSEMENT 9. Property Damage To Borrowed Equipment Eedi Occurrence Limit 510,000 This endorsement modifies Insurance provided under the following: Deductible Amount: 5 250 16.Voluntary Property Damage Coverage(Coverage as And Core,Custody Or Control Liability COMMERCIAL GENERAL LIABILITY COVERAGE PART -Coverage(Coverage b3 • • Limits Of Insurance A. Endorsement-Table of Contents: Coverage a. 51,000 Each Occurrence Coverage. Begins on Page. 05,000 Aggregate • 1. Employee Benefit Liability Coverage Coverage 6.55,000 Each Occurrence unless otherwise stated 5 2. Unintentional Failure To Disclose Na>'ands...._.._..._..._..._...___._..._..._..._..._..._....._..._.9 Deductible Amount(Each Occurrence) • 3. Damage To Premises Rented To You...._..._...__._..._...__..._..._..._..._..._...__..._..._.,,_.,,_9 Coverage a.$250 4. Supplementary Payments...._..._..._..._..._..._....._..._..._............................_..._..._....._10 Coverage 6.5250 unless otherwise slated 5 6. Medical Payments..,._..._..._..._..._...__..._..._..._..._..._...__..._......................._..._..._..._...10 • -"- --- - PREMIUM BASIS RATE ADVANCE PREMIUM 6. 180 Dray Coverage For Newly Formed Or Acquired Organizations . COVERAGE-7. Waiver Of Subrogation...._..._..._..._..._...__..._...-..._..._..._...__..._.............._...__..._..._11 a Area (For Limits In Excesot (For Limits In Excess of 8. Automatic Additional lnsumd-Specified Rolationshlps:...................._...__:.._..._..._..11 b Payroll $5,000) 55,000) • 'Managers Or Lessors Of Premises; o Gross Sales • Lessor Of Leased Equipment; d Units • Vendors; e) Other • State Or Governmental Agency Or Subdivision Or Political Subdivision-Permits b. CeraCustody Or Or Authorizations Relating To Premises;end Cant,ei • Mortgagee,Assignee Or Receiver TOTAL ANNUAL PREMIUM 5 9. Property Damage To Borrowed Equipment...._.._..._..._..._...__..._.._..._..._..._...__..._...14 - 10.Employees As Insureds-Specified Health Care Services And Good Samaritan • • Services...._..._........_..._..._....._..._..._..._..._...__..._..._..._..._..._...__..._..._..._..._..._...__..16 ' • 11.Broadened Notice Of Oceurmnee...._..._..._..._..._...__..._..._..._..._..._...__..._..._..._..._....16 12.Renowned Aircraft..._..._..._..._..._...__..._..._..._..._..._..._.........._..._..._..._...__..._..._..._..16 13.Bodily Injury Redefined...._.__..._..._..._...__..._.._..._..._..._...__..._..._..._...___..._....._....16 14.Expected Or Intended Injury Redefined...._..._..._..._.._...__._..._..._..._..._..__..._..._....16 • 15.Fortner Employees As Insureds...._..._..._..._..._...__.._..._..._.._..._...__..._..._..._..._..._..16 • 16.Voluntary Property Damage Coverage And Core,Custody Or Control Liability Coverage...._..._..._..._.._...__..._..._..._..._..._...__..._..._..._..._..._...__..._..._......_..._...__.16 17.Broadened Contractual Liability-Work Within 50'Of Railroad Property...._..._..._..._....17 • 18.Alienated Promises...._..._..._..._..._.._....._..._....... ................._..._..._...__..._..._..._.17 B. Limits Of Insurance: The Commercial General Liability Limits of Insurance appy to the Insurance provided by this endorse- ment,except asprovided below: 1. Employee Benefit Liability Coverage Each Employee Limit 51,000,000 Aggregate Limit $3,000,000 Deducible Amount $ 1,000 3. Damage To Premises Rented To You The lesser of: a. The Each Occurrence Limit shorn it 010 Declarations;or b. $500,000 unless otherwise stated$ 4. Supplementary Payments a. Ball Bonds: $2,500 Incudes copyrighted material of Insurance Incudes copyrighted material of Insurance GA 233 0917, Services Office,Inc.,with Is permission. Page 1 of 17 GA233 0917 ' Services Office,Inc,with Its permission. Page 2 of 17 • • • • • • • . r • • • C.'Coverages this endorsement pro- d InsufficiencyOf Funds vlded; () (i) Taxes,Fines Or Penalties • •• ,1. Employee Benefit Liability Coverage Damages arising out of an Texas,fines or penalties,In- a. The following Is added Id Section I- a) You did not have Insufficiency of funds to. eluding those Imposed un- a. knowledge.of a meet any obligations under der the Internal Revenue • claim or"suit"on or any plan included In the Code or any similar state or ' Employee Benefit Liability Cover- .before the"first ef- "employee benefit program". local law. age fedi.date"of this . • endorsement. (o) Inadequacy Of Parlor- (j) Employment-Related Prac • - (1) Insuring Agreement You will be \ mance Of Invest- • flees ' • (a) We will pay those sums that deemed to have Rmespect tToe Given Any liabilityarising out of the Insured becomes legally 'knowledge of a Respect To Participation any: • obligated to pay as damen- claim or "suit" Any claim based upon: es mused by any act,error when any"author- (1) ReNsai to employ; • • or omission of the Insured, Ind re resenta- 1) Failure of any Invest- er of any other person for live"; p ment to perform; (2)Termmentlnotlen of employ whose acts the Insured Is 2) Errors In providing In- • legally liable,to which this I) Reports all,or • . formation on past per- (3) Coercion, demotion, • insurance applies.We will any part,of the famrance of Investment evaluation, reassign- • have the right and dutyto • act, error or ment, disd fine, dela- ' omission to us .vehicles;or P anynerd the insured against motion, harassment, 'buil" seeking those or any other 3) Advice given to any humiliation, discrimina- damages.However,we will • - Insurer, person with respect to - tion or other employ- have mployhave no duty to defend n) Receives a that person's decision to ment-related practices, ' ' against any "WV seeking parlldpaie or not to par- • acts oroMssions;or damages'to which this In- written or ver- (ideate In any plan In- surera does nohphi We bel demand or . - eluded In the"employee (4) Consequential liability may,at our discretion,fn- claim for dem- benefit program". as a result of(1),(2)or • ages because (3)above. vestlgate any report of an ad,es enar or omission and n of the act,er- • (f) Workers' .Compensation settle any dorm issiot'thatbe roe or cods- And Similar Laws This exclusion applies may result But skin;end An claim arising whether the Insured may er 6 There Is no other Y gout of held liable as an employer 1) The amount we will pay ) failure to comply iWithso the ' • or in any other capacity and for damages a limited applicable incur-, mandatory provisions of any • to any obligation to share as described In Section ance. workers'compensation,un- , damages with or repay • ill-Limits Of Insur- (2) Exclusions employment compensation • someone else who must pay M- ance;and Insurance,soda) air damages bemuse of the Ire This Insurance does not apply to: disability benefits low law on r any jury. • 2) Our right and duty to similar law. defend ends when we (a) Bodily Injury, Property I (3) Supplementary Payments have used up the eppli- Damage Or Personal And (5) ERISA cable limit of Insurance . . Advertising Injury Section I-Coverages,Sup- • . Damages for which any In- • elementary Payments-Cover- t',the Payment of judg- 'Bodily Injury", 'property surad is Kahle bemuse of II- ages A And B also apply to this • menta or settle Orients. damage"or"personal and ability Imposed on a Mud- Coverage. • •• No other obligation or Habil- advertising injury'. cry try the Employee Re- IN to pay sums or perform Moment Income Security b. Who is An Insured (b) Dishonest, Frauduiont, Act of 1974, as now or ads or services Is covered As respects Employee Benefit Lia- unless Criminal Or Malielaus Act hereafter amended, or by . explicitly provided for - .any similar federal,state or. AnitIn Coverage,replaced Sectiby It-Who Is • . under Supplementary Damages arising out of any Ionil laws. An Insured Is the fogow- Payrttents. • Intentional, dishonest, Ing; • (h) This Insurance applies to • fraudulent,'criminal or malt- (h) Available Benefits ' damages onlyuif the ad,er- cions act,error or omission, Any (1) If you are designated In the Dec- (b) reran omission,Is negligent- committed by any Insured, • claim for benefits to the tare-lions as: iy committed In the"admin- Including the willful or rack- extent that such eare (a) An Individual,you and your !station"of your"employee less violation of any statute- a farm c e, with reasonable• spouse ere insureds,but on- effort and cooperation of the • ly with respect to the con- benefit program";end (e) Failure To Perform A Con- insured,from the eradicable duct of a business of which 1) Ocwrs.during the policy tract funds earned or other col- you are the sola owner. period;or D• amages arising out of fag- IeNbla insurance. 2) Occurred prior to the . we of performance of ran- • (b)lure,you acre oarnoInsured. "first effective date"of tractby any usurer. • Your members, you part- Includes copyrighted material of Insurance includes copyrighted material of Insurance GA 233 0917 Services Office,inc.,with Ts permission. • - Page 3 of 17 GA 23311917 SeMees Office,Ins,with Ps permission. Page 4 of 17 . . r. • • . nets,and their spouses are zation.However,coverage under (b) A series of related acts,er- Mallon of the action taken, also insureds but only with this provision: rots or omissions, regard- you shall promptly rein,- ' • respect to the conduct of • less of the amount of time • bums us for such part of the • ' • your business. (o) Is afforded only until the _ . that lapses between such ' Deductible Amount as we 180th day after you°equi a acts,errors or omissions; have paid. (o) A limited liability company, or form.the organization or • • you are en Insured.Your. the end of the policy period, negligently committed in the d. Additional Conditions• ' members are also Insureds, whichever Is earlier,end "administration"of your"employ As respects Employee Benefit Lie- but only With rasped to the ee benefit program". conduct of your business. (b) Does not apply to any ad, bility Coverage,Section IV-Corn- Your managers are In- error or omission that was .However,the amount paid under _ menial General Liability Condi- sureds,butonlywithresped committed before you ac- this endorsement shall not ex- tions Is amended as follows: • to their duties as your man- qulred or formed the organo- teed,and will be subject to the 1 Item 2.Duties In The Event Of ager°. zatlon. ,to and restrictions that apply () • to the payment of benefits In any' Ooourraneo,Offense,Claim Or (d) An organization other than a e. Limits Of Insurance plan Included In the"employee Sult Is replaced by the following: partnership,joint venture or As respects Employee Benefit Lia- • benefit program."- 2. Duties In The Event Of An Ilm'M1eilabIly company,you bility Coverage,Section III-Limits _ (4) Deductible Amount' • Act Error Or Omission,Or • are ann Insured.Your'brood- Of Insurance Is replaced try the fol- Claim Or Suft We officers"and directors loving: (a) Our obligation to pay dam- - are Insureds,but only with a. You must sae to It that respect to their duties as ages on behalf of the'in- •. p (1) The Limits of Insurance shown In sured applies only to the we ere notified as soon your officers or directors. Section B.Limits Of Insurance, amount of damages In ex- as practicable of an act, ' Your stockholders are also ,l.Employee Benefit Liability • •cess of the Oedudble error or omission which insureds,but only with re- Coverage and the miss below fix 'Amount stated In the Dada- may result In a Balm. spect to their liability as the most we will pay regardless rations as applleeble to To the extent possible, stockholders. of the number of Each Employee,The limits notice should Include: • (o) A bust,you are en Insured. - (a) Insureds; • of Insurance shall not be re- (1)What the act,error • • Your trustees are also In- • duced by the amount of this or omission was sureds,but only with respect (b) Claims made or."suits" ' deductible. and when It oo- to their duties as trustees. • brought;' • (b)The Deductible Amount • torted;and • (2) Each of the following is also.an (o) Persons or organizations stated In the Declarations (2) The names and ' Insured: making claims or bringing . applies to all damages sus- addresses of any • • 'Sults'; • talned by any one"employ- one who may sur- fs) Each of your"employees" s",Including such"employ- ter damages as a who Is or was authorized to • (d) Acts,errors or omissions;or ee's"dependents end bene- result of the act administer your"employee (a) Benefits Included In your fidarles,because of oil acts, error or omission. berefltprogram'; 'bmployee benefit program". errata or omissions to wTich. ' or (h) Any persons,organizations • this Insurance applies, b. If a claim Is made et 'Suit"Is brought against or"employees"having prop- (2) The on B.Limits Limit shown e, • (o) The terms of this Insurance, any imured,you must - Section B. Of Insurance, • er temporary authorizationr"employ- 1.Employee Benefit Liability Including those with respect to administer your"employ- Coverage of this endorsement Is to: (1) Immediately record se benefit program"If you the •most will pay for all dem- the specifics of the , rile,but only until your legal ages because of acts,errors or 1) Our right and duty d claim of"suit"and g defend the Insured representative Is appointed; ' omissions negligently committed against any 'knits" I thea dale received; or In the "administration"of your • seeing those damag- a • (o) Your legal representative If "employee benefit program". es;and . (2) Notify us as soon ' • you die,but only with re- (3) Subject to the Emit described In as practicable. ' s ct to duties as such.That ) •.2) ties 2)above,the Each Employee ties of any other In- We must see to It that representalNe will have all Limit shown In Section B.Limits - • your rights end dales under Of Insurance, 1. Employee volved Insured, In the we receive written no- this Coverage PartCoverage event of an act,error or Ice of the dater or'buff' • thea efit Liability isC the stw f omission,or claim; as coon as practicable. (3) Any organization you than tee- witfor all damagessus- a Irrespective of the a e. You end anyother In- .quire p,Join,, entrthan s pan- pay pity P° P - .nership,Joint venture or limited lathed by any one"employee", pllcotlon of the Ded"uctfole volved insured must , liability company,and over which Including damages sustained by Amount •you maintain ownership or major- such "employee's" dependents (1) d medately send Iry Interest, will qualify 'and beneficiaries,as a result of: (d)We may pay any pert or al s copies of any q y as a of the Deductible Amount to demands, notices, . Named Insured If no other similar (o) An act,error or omission;or effect settlement of any • summonses or le- Insurance apples to that organo- - ,' claim or"suit'and,Upon no- gal papers re- • Includes copyrighted material of Insurance Includes copyrighted material of Insurance GA 233 0917 Services Office,Inc,with I s permission. Page b of 17 • GA 233 0917 \ SeMces Office,Inc.,with to permission. Page 6 of 17 • • • . calved In carmen- lion by equal shares, any benefit Included in e. Unemployment insur- tion with the claim • we will follow this meth.- the "employee benefit once, soda) security or'bulr; od also.Under this op- program". benefits,workers'corn- ' • preach each Insurer benefits; and disability (2) Authorize us to ob• contributes equal However, "edminlstratlon" benefits;and l• ain records and does not Include: otherinfomtetlon; amounts pilo Il has d. Ing buy plans,Includ- paid Its applicable limit a, Handling payroll cacao- • • (3) Cooperate with us of Insurance or none of lions;or Ing buy and sell pro- in the Investlgallon the loss remains, grams; leave of.ab- • or settlement of the • whichever comes first. b. The failure to effect or servos programs,Includ- claim or defense maintain any Insurance leg military, maternity, against the'fencebulr, If any of the other In- or adequate limits of family,and dull leave; • and surance does notpermitotultlon assistance plans; contribution by qual coverage a et Insurance, • transportationsu ,and Including but not limited (4) Assist us,upon our shares,we will centrlb- to unemployment Insur- health dub subsidies. request,In the en- ate by limits Under this once, nodal security forcemeat of any method,each Insurefs . benefits,workers'corn- 4. 'First dateefon date"means r- right against any share Is based on the . pensalion and disability a e upontwhich effected In a person or organa- ratio of lb applicable benefits series e was of fiuninterrupted nre- vetion which may limit of Insurance to the ' be liable to the In- total applicable limits of 2. 'Cafeteria plans" means newels of Insurance.cever- sured because of Insurance of all Insur- plans authorized by epplice- age. an act, error or ars. ble lallow"employees" (2) The following definitions ere de- lectlect to pay far certain leted in their entirety and re- c. No Coverage benefits with relax dollars. • this Insurance may P placed by the following: also apply. This Insurance shall not 3, 'Employee benefit pro- cover cover any loss far which - 8. 'Employee"means a person d. No Insured wit,except the insured Is entitled to grams"means a program • actively employed,formerly at that Insureds own recovery under any. rproviding some of ell o"em- employed,•on leave ofet ed. cost,voluntarily make a other insurance In farce playa ng benefits to "em- sense or disabled,or retired. payment,assume anyuseeve ployeee',whether provided 'Employee" Includes a obligation,or Incur any dateloef thk Coverage threugh'a"cafeteria plan"or 'leasInclude a'flloyee" expense without our Part otherwise: does not Include a'tempo- . consent, a. Group life Insurance; nary worker. . e. Additional Definitions groupaccident or health (2) Item 5,Other Insurance Is re- insurance;dental,vision - 21.tall"means a civil proceed- placed bythe fdlowing: -As respects Employee Benefit Lia- hearingplans;and Ing In which moneydamag- bility Coverage,Section V-DOW- andes because of an act,error 6. Other Insurance. lions Is amended as follows: • flexible spending ao- or omission to which this in- Ifother valid and collectible - counts;provided nthat no m- same®applies are°tinged. • Insurance Is available to the • (1)The following definitions are one other than on"em- 'Suit"Includes: Insured fora loss we cover added: • to such may subscribe under this Covera Pa 1. "Administration"means: to such fts are add a. An In which proceed- • g° t'4 such benefits are made Ing In which such dam- aur obligations are limited as - • lotlovrs: a. Providing s", I clu to generally availablbales" to. ages are claimed end to "employees", IncWdng those"employees"who the Insured must a. Feiner},Insurance their dependents and atlsry the plan's 40311- submit it or does submit This Insurance Is rima- beneficiaries, with re- Ity requirements; without'consent; P sped to eligibility for or ry except when e.below ace a of "em loyee b. Profit sharing plans, b. Any other alternative apples.If this insurance h nefit programs"; employee savings dispute resolution pro- . Is primary,our oblige- P plans, employee stock • seeding In which such lions are not affected b. Interpreting the "em- ownership plans, pan- damages are cialmed unless any of the other ployee benefit pro- don plans and stock and to which the In- . Insurance Is also prima- grams"; subscription plans,pro- surest submits with our ry.Then;we will share varied that no one other consent;or with all that other'riser- e. Handling records In than an "employee" , antethe method de- connection with the • may subscribe to such e. An appeal of a civil pro- soloed b .below. "employee benefit pro- benefits and such bene- - seeding, grams';or fits are made,generally b. Method Of Sharing • available to all"employ- d. Effecting,coniewing or nes"who are eligible If of of the other Incur- terminating any em- under the plan for such • • once permits contribu• • paeyee's"participation In benefits; • Incudes copyrighted material ofInsurance Includes copyrighted material of insurance ' GA 233 0917 SeMces OMce,Inc.,with ds permission. -Page 7 of 17 GA 233 0917 Services Office,Inc.',with ds permission. Page 8 of 17 r • . / • • • r 1 • • ' '2. Unintentional Failure To Disclose Hoz- 2) Rust or other cor- 2) Basements, you with permission of ands roslon,decay,do- - whether paved or the owner, [adoration, hiddennot;or ' Section IV-Commercial General LIMA- or latent defect or b. In the case of damage ity Conditions,7.Representations Is any quality In 3) Doom,Windows or by gra,explosion,fight- amended by the addition of the fallowing: •property that taus- other openings. ping, smoke or soot, es It to damage or while rented to you;or Based on our dependence upon your rep- destroy'self, (c) 'Property damage"caused resentations as to existing hazards,If un- by or resulting from water e. In the case of damage Intentionally you should fall to disclose all 3) Smog; that leaks or flows from by Water,while rented such hazards et the Inception date of your plumbing,heating,air condi- to and occupied by you. policy,we will not reject coverage under 4) Mechanical break- I tinning,fire preladlon sys- this Coverage Part based solely on such down, Including lees, or other equipment, (2) The most we will pay k limited as described In Section B.Limits failure, rupture or bursting caused by or,resulting from Of Insurance, 3.Damage To • 3. Damage To Promises Rented To You.. caused by centrlf- freezing,unless; Premises Rented To You of this • ugal force; () You did your best to endorsement. • a. The last Paragraph of 2.Exclusions 5) Settling, macldrg, maintain heat In the under Section I-CoVeroge A-Bed- -shrinking or ex- building or structure;or 4, Supplementary Payments Ily Injury And Property Damage Li- pension; ' abilit• y Is replaced by One following: (ii)You drained the equip- Under Section I-Supplementary Pay- Exdudons c.through q.do not apply 6) Nesting or Infests- • mann end shut off the mens-Coverages After B: to"property tion, or discharge water supply If the heatParagraphpace by p party damage"by fire,explo- or release of waste was not maintained. a. 2.Is replaced d the fol- slon, lightning, smoke or soot to lowing: • premises while rented to you or tern-• tions,products o I seas- lions, by Insects, (d) 'Property damage"to: LI to the limit shown In Section B- porarily occupied by you with permis- birds, rodents or Limits Of Insurance,4.a.Bell Bonds cion of the owner, for which Na other animals;or • () Plumbing, heating, air of this endorsement for cost of ball mount we will pay Is limited to the condtioning,are proleo-. ts Damage To.,Premises Rented To - 7).Presence, growth, tion systems,or other bonds required because of ng of You Limit as described In Section 111 proliferation, equipment or appliano- or trafficusslaw any vehicle arising out of -Limits Of Insurance. spread or any ac- s;or the use of arty to ragehich the tiviy of fungus,In- a Bodily a do Liability Coverage these • b. The Insurance provided under Sea- ducting mold or (i) The Interior of any piles.We do not have to furnish these tion I-Coverage A-Bodily Injury mildew, and any huilding or structure,or bonds. And Property Damage Liability aP :ee cxins, • to personal property In plies te'p Property D damage"aridity out the building or structure, b. Paragraph 4.Is,replaced by the foo of water damage to premises that are spans, is or • caused by or,resulting lowing: p by you, byproducts pro- from rah,snow,sleet or both rented to and occupied u, duced or released Ice,whether dryers All reasonable expenses Incurred by (1) As respects Water DamageLe- by fungi. InaIe Inveuredstigation tigouon orodefense detenassifthe wind or not. claimIn the rbul, ofs the. gel Lustily,as provided In Pam- (b) 'Properly damage"caused calm or'kulf',Includingactual loss of graph 3.b.above: directly or Indlredy by any c. Limit Of Insurance earnings up to the limit hown In Sec- The eo-The exclusions under Section I- • of the following: With respect to the Insurance afford- fart B.Limits Of Insurance,4.b. Coverage A-Bodily Injury And ed In Paragraphs 3a.and 3.b,above, Loss Of Earnings of this endorsement (� Earthquake, volcanic the Damage Pro arty Damage Liability,W2.ar g To Promises Rented per day because of lhne off from eruption, landslide or To You Limit as shown In the Dedra- work Exclusions,other than I.War any other earth move- rations Is amended as follows: and the Nuclear Energy Liabg- - mann; 5. Medical Payments ity Exclusion(Broad Form),are (1) Paragraph 6, of Section III- deleted and the following are (i)Water that beers up or Limits Of Insurance N replaced. • The Medical Expense Limit of Any.One added: • overflows or Is other- by the following: Person as stated In the n In Section Is This Insurance does not apply to: wise discharged from a amended to the limit shown In Sedlon B. sewer, drain, sump, 6. Subject to Paragraph 5. Limits Of Insurance,5.Medical Pay- (a) 'Property damage": sump pump or related above, the Damage To monis of this endorsement. equipment Premises Rented To You (i) Assumed In any con- Limit Is the most we will pay 6. 160 Day Coverage For Newly Formed bad or agreement or (BS Water ander the ground under Coverage A-Bodily Or Aequfred Organizations (ti Caused surface pressing an,or - Injury And Properly Dam- Section II -Who Is An Insured Is • from a by or resulting flowing or seeping ago Liability for damages any of the follow- through: • g y amended as follows: IAB: because of'property darn- . 1) Foundations,valla,- age"to any one premises: Subparagraph a.of Paragraph 3.Is re- - 1) Wear and tear, floors or paved placed by the fallowing: surfaces; a. While rented you,or temptemporarilyoccc occupied by a. Insurancerddn under this oath a Is after forded only until the 180th day after Indudes copyrighted material of Insurance Includes eopydghted material of Insurance GA 233 0917 Services Office,Inc.,with ho permission. Page 9 of 17 GA 233 0917 Services Office,Inc,with Its permission. Page 10 of 17 , • • • • • you acquire or form the organization • use of that part of the prem- _ vendor's business, subject or repair opera- or the end of the policy period, Nes leased to you,subject to the following additional tions,except such whichever Is curler; to the following additional exclusions. operations per- • 7. Waiver Of Subrogation exclusions: formed at the ven- go O The Insurance afforded dons premises In Section N-Commercial General Liahg- • This Insurance does not ap- the vendor does not connection with the • •ity Conditions,9.Transfer Of Rights Of ply f.0' apply to: sale of the protluct; Recovery Against Others To Us is (i) Any"occurrence"which 1) 'Badly Injury,' or. ' 7) Products which,af- amended by the addition aline following: takes place ager you' • "property ter damage" ter distribution or ' cease to be a tenant In • 'for which the ven- We waive any right of recovery we.may sale u you,have have against any person or organization that premises; dor Is gtore- against whom you have agreed to waive damagesbeen labeled or as g (i) Slrudural alterations, reason of he bys tenoned nore used as • such right of recovery In a written contract new construction or sumption of liability a container,pad or • or agreement because of payments we In a centred or other demolition operations oher thinghof any make for Injury or damage arising out of, performed by or on be- or sub- your ongoing operations or'your work" half of such additional egreemend This stance by or for the • done under a written contract or agree- Insured. exclusion does not vendor;or • pent with that person or organization and • damages tothat the liability for Included In the"produdsompleted open- (b) Lessor Of Leased Equip- ages 8) 'godly InJ°N ce" slims hazard".However,our rights may ment _ vendor would have 'properly damag• e" only be waived prior to the"occurrence" In the absence of . . arising out of the . •giving rise to the Injury or damage far • froArperson or organization • the contract or sole negligence of which• we make payment under this Cow • from whom you lease agreement; • the vendor for its erege Part.The Insured must do nothing equipment when youand own ads or amts- . after a lass to Impair our fights.At our re- such person(s)or organize-r: • 2) Any express war- slots or those of p tion(s)have agreed per Par- ran unauthorized 8.a.h quest,the Insured will bring"surf'or trans- ogre 1 of this en- by you; Its employees or • far those rights to us and help us enforce p () anyone else acting dorsement to provide Insur- on Its behalf.How• those rights. 3) Any physical' or once.Such person(s)or or- heminl change In ever,this exclusion • 8. Automatic Additional Insured-Specs- ganizetim(s) are Insureds . the product made .does not apply the ' find Relationships my with respect to liability ' • p oonaily by theThe forage' LIMY','nal arty vendor; • a) Ions contained a, The following Is added to Section 11- damage"or"personal and • • Who Is An Insured: advertising Injury'caused,In • 4) Repackaging, ex- In Paagraph& (1) Any person(s)or organization(s) whale or In part,by yea cept when un- (°e)(i)4)or 6) aneIn Paragraph Ba.2 maintenance, operation or parked solely for of thiient;or• ()ofuse of equipment leased to the purpose of in- this endorsement(hereinafter re- you by such person(s)or or- , enaction, demon- • ' • (erred to.as additional Insured) • ganizatim(s).A person's or station,testing,or b) Such.Max, t- whom you are required to add as organization's'status as an the substitution of tions, an additional Insured under this additional Insured under this arts under In- mens„testseste or or Coverage Pert by reason of a endorsement ends when studious from the servicing as written contract,written agree- their contract or agreement • manufacturer, and the vendor has ' ment,written permit or written with you for such leased repackaged In. then re °grked b authorization. P B make or nor- authorization. ends.However, � • • the original con- • malty under- (2),Only the following persons or or- this Insurance does not up- raiser; Ickes to make ganizations are additional In- - ply to any "occurrence" In,the usual sands under this endorsement, which takes place after the 5) Any failure to make end Insurance coverageprovided equipment lease expires. such Inspectiens, bourse of business, In to such additional Insureds Is Ilm- or setncing the connection Iced es provided herein: (o) Vendors vendor seryhas as lee with the distd- tomak has normal- (a) Managers Or Lessors Of Any reds to or organization ly make or kosm to • of theh or sale (referredwto below as van- undertakes to • of prod- • Premises dor)with whom you have make In the usual ucts. The manager or lessor of a agreed per Paragraph • 'course of bUsi- prertdses leased to you with 8.a.(1)of this endorsement mess,In connection (i) This Insurance does not whom you have agreed to provide Insurance,but on, apply to any Insured • per with respect to'nodi with the distribution person oro . •.Paragraph 8.a.(1)of this en-' ly sP N In- •or sale of the • pe organization: dorsement ba provide Insur- Jury"or"property damage" . once,but only with respect riding out of'Your products" products; 1) haverom whom you • which are distributed or sold 6) Demonstration, In- have acquired • ownership, liability arising out of the In the regular course of the stallation,servicing ' suchnproducts,n,part wnershlp • ,maintenance rB any Ingredient, • Indudes copyrighted material of Insurance Includes copyrighted material of Insurance • GA 233 09 17 Services Office,inc.,with 3s pertrtsslon. Page 11 of 17 GA 233 0917 Services Office,lire.,with as permission. Page 12 of 17 • f • or container,enter- (e) Mortgagee, Assignee Or in Paragraph aa.(1)of this en- tion I-Coverage A-Bodily Injury • Ing Into,Bmomen- R000iver dorsement;or And Property Damage Liability: raying or centalning ' such products;or • Any person or orge agmen (2)Audleble under the applicable Paragraphs(3)end(4)of this exchr- • with whom you have agreed . Limits of Insurance shown,Ih the sten do not apply to tools or equip- 2) When liability in. per Paragraph ea.(1)of this • 'Declarations; ment loaned to you,provided they are ' eluded within the • endorsement to provide In- not being used to perform operations' • 'products- • . surance,but only with re- whichever is less, at the time gloss. _ • completed opera- sped to their tiabllity es This endorsement shall not Increase lions hazard"has mortgagee,assignee,or re- the applicable limits of insurance b. With rasped to the Insurance provid- been excluded un- celver and arising out of theshoo in the Declarations. ed by this section of the endorse- , der this Coverage ownership,maintenance,or moot,the following additional prow- , •Partwith respect to use of the premises by you. c. Soatlon IV-Commercial General stens apply: such products. However, this Insurance Liability Conditions Is amended to , (1)The limits of Insurance shown In •State Or Governmental does not apply to struck:rat include the following: the Declarations are replaced by (d) alterations,new construction • the limits designated in Sedley Agency Or Subdivision Or end demolitionerationa Automatic Additional Insured Pro- . . PB. Limits Of Insurance, 9- Politieel Subdivision - vision • Permits Or Authorizations pson rtormed by or car shat par- Property Damage To Borrowed Relating To Premises nor organization. This insurance applies only if the Equipment of this endorsement • (3)The insurance afforded to adds- • "badly Injury"or'property damage" with respect to coverage provid- Any state or governmental tion!Insureds described In Par- occurs,or the'personal and advertis- ed by this endorsement These ' agency or subdvision or po- ...graph 8.a,(1)of this endorse- no Injuy'offense Is committed: limits ere Inclusive of and not In Weal subdivision with which moot.' (1) During the poky period;end 'addition to the limits being.re- you have agreed per Pare- • P placed.The limits of Insurance graph 8.a.(1) of this,en- (a) Only apples to the extent (2)Subsequent to your execution of shown In Section B.limits Of dorsement to provide Insur- permitted by law,end the witten contract or written Insurance.9.Property Damage ranee,subject to the follow- (b)Vvlll not 6e broader than that agreement,or the Issuance ora To Borrowed Equipment of thb • Ing additional provision: which you are required by written permit or written authorl- andorsemnryen ria fix"octhe most we re- ' ' This Insurance apples only the written contract,written zedon, desmlaed In Paragraph Pu In a with respect to the following agreement,written ten permit or 8.o.(1). °endless of the number of hazards for which Urn date written authorization to pro- d. Section N-Commercial General' (a) insureds; • or governmental agency or vide for such additional In- • , Liability Conditions Is amended as (b) Claims made or 'bulls" • subdivision or political sub- surod;and follows: brought;or division has Issued a permit - ' or authorization in mnneo- (o) Does not apply to any per- Condition 5. Other Insurance Is don with premises you own, .son, organization, ver dor, amended to Include; (a) Parsons or organizations rent or control and to which state,governmental agency maidng claims or bringing this insurance apples: or subdivision or political Primary And Noncontributory In- 'Sults'. • subdivislon, specifically surenoe ' (2) Deductible Clause ' (i) The existence,mamma- named as an additional In- This insurance Is primary b and vett nano,repair,construe- cured under any other prod- (a) Our obligation to pay,dam- . lion,erection or removal slon of, or endorsement not seek contribution from any other ages an your behalf applies of advertising signs, added to, this Coverage insurance evallehle to an additional' only to the amount of dam- awnings,canopies,cel- Part, provided such other .Insured per Paragraph 8.a.(1)of this ages for each"ocmrrence" • \ler entrances, mal provision or endorsement endorsement provided that which are In excess of the holes,driveways,man- covers the Injury or damage• (1)The addtionei Insured Is .a r Deducible Amount staled in holes,marquees,hoist for which lids Insurance ap• Named Insured under such other Seddon B.Limits Of Insur- • away openings, side- plies. Insurance;and once,9.Property Damage walk vaults,street ban- To Borrowed Equipment of nem or decorations end b. With respect to the insurance afford- (2)You have agreed in writing In a this,endorsemen4 The limits .. similar exposures;Or ed to the addtional Insureds de- • contract, agreement, permit or of insurance will not be re- • scribed In Pereereph 0.a.(1)of the authorization described In 8.a.(2) duced by the applcation of' (i) The construction,macendorsement,the following Is added of this endorsement that this In- • such deductible amount. lion or removal of eleve- lm Section III-Limits Of Insurance: surence would be primary and tors;orwouH not seek contribution from (b) Section N-Commercial The most we will pay on behalf of the any other Insurance available re General Liability Condi- (it)Theownership,malnte- additional insured Is the amount of in- the other In Insured. ' tions, 2. Duties o The • • nonce or use of any el- surance: Event Of Occurrence, he avatars covered by this 1 Re ulred by the written contract, 9. Property Damage To Borrowed Equip- ' fence,Claim Or Suit,ap•. Of- • Insurance. O qmetR plies to each Balm or"suit' written agreement,vvrnten permit , • • , or mitten authorization described a. The following is added to ExclusionIrrespective of the amount. • • 2.).Damage To Property under Sec- Indudes copyrighted material of insurance Includes copyrighted'material of Insurance GA 233 0917 Services Office,Inc..with Is permission. Page 13 of 17 GA 233 0917 Services Office,Inc,with is permission. .Page 14 of 17 h • • • (o) We may pay any part or all 12.Nonowhed Aircraft, 16.Voluntary Property Damage Coverage (2) Exclusions • ' of the deductible amount to • effect settlement of any Thu following Is added to Exclusion 2,g. a. Coverage D-Voluntary Property This Insurance does not apply to claim or"suit'and,upon no- Aircraft,Auto Or Watercraft under Sec- Damage Coverage "property damage"that would be tfiation of the action taken, tion I-Coverage A-Bodily Injury And excluded by Coverage A-Bodl- you shall promptly helm- Property Damage Liability: Section 1-Coverages Is emended to ly Injury And Property Damage • •burse us for such part of the Include the fallowing: Liability,2.Exclusions,except TNs exclusion does not appy to an alr- • • deductible amount as has craft you do not own,prodded that (1) Insuring Agreement ' for j,Damage To Property,par • - • been paid try us. agraphs(3),(4),(5)and(6),k. • 10.Em Io m:es As Insureds S eeified a. The pilot In command holds a current (a)We will pay the cost to re- Damage To Your Product,and P y effective certificate,Issued by a duty Pair or replace "property I.Damage To Your Work. Heslth Care Services And Good Samar- constituted authority of the United damage"to property of oth- Ilan Services Stales of America or Canada,deslg- ers arising out of operations • (3) Definitions ' Paragraph 2a.(1)(d)under Section II- nand that person ase commercial or Incidental to your business For purposes of Voluntary Who Is An Insured does not apply to: airline transport pilot; when: Property Damage Coverage ' a. Your"employees"who provide pro- b. The aircraft Is rented with a trained, 1) Damage Is caused by only,the following definitions un- • fesdonal health care services on your . paid crew;end you,or rite rlacedSectlb n the�Dhetfidnitlons are behalf as a duly licensed nurse, p y g• emergency medical technician or G she aircraft does not transport per- 2) Damaea moms while in 16.'Ow cnce•'enmeans an In- paamedielnthe jurisdiction where an• ns or cargo for a shame. yourpossesdon., eidenl,including'continuous "occurrence"or offense to which this 13.Bodily Injury RedefinedAt your written request,we or repeated exposure to Insurance applies takes place;or .will make this payment re- subslangatiy the same gen • - Section V-Definitions,4.'Bodlyinjury' gardless of whether you are oral harmful conditions that b. Your"employees"or'Volunteer work- Is replaced by the following: at fault for the "property result In"property damage". ers",other than en employed or vol- • damage". unteer doaor,providing first old or 4. 'Bodily injury'means bodily harm or 20.'Property damage" means good samaritan services during their Injury,sickness, disease, disability, - If you,at our request,re- physical Injury to tangible work hours for you will be deemed to humiliation,shock,fright,mental an- place,or make any repairs property.'Electronic dela"Is be acting within the scope of their gulsh or mental injury,Including care, to, damaged properly of not tangible properly, end employment by you or performing du- loss of services or death resulting others,the amount we will• 'property damage"does not • ties related to the conduct of your from any of these et any time. - pay under Voluntary Prop- Include disappearance,ab• business. 14.Expected Or Intended Injury Redefined cry Damage Coverage will stractlon artheft. be determined by your ectu- 11.Broadened Notice Of Occurrence The last sentence of Exclusion 2.a.Ex- al cost to replace or repair b. Care,Custody Or Control Liability Paragraph a.of Condition,2.Duties In reacted Or Intended Injury under Sec- the damaged property,ex- Coverage The Event Of Occurrence, Offense, lion I-Coverage A-Bodily Injury And eluding any profit or over- For purposes of the coverage provid • - CIoIm Or Suit under Section IV-Com- Property Damage Liability is replaced by hem- ed by Care,Custody Or Control Li • - memial General Liability Conditions Is ,the following: - Any payment we make un- ability Coverage In this endorsement replaced by the Wowing: only: This exclusion does not apply to'bodiy. der Voluntary Property a. You must see to It that we are notified Injury"or"property damage"resulting from Damage Coverage shall not (1) Section I-Coverage A-Bodily as soon as practicable of an"occur- the use of reasonable force to protect per- be Interpreted es an mines- Injury And Property Damage fence"or en offense which may result sons or property. sten of flabby by you or,hy 2. - In a claim.To the eoteetpossible,no- us Damage To Propeerty,Subpare- tine should include: 15,Fenner Employees As Insureds It shall be your duty,not our graphs(3),(4)and(6)do not ap- The How,when and where the"yo- The following Is'added to Paragraph 2. duty,to defend any Balm or ply to'property damage to the (1) under Section Il-Who Is An Insured: 'buil'to which this Insurance property of others described cunence"oroHense Cook pias; applies. therein. 2. Each of the following is also an In- (2) The names end addresses of any Injured deans and wit- cured: No other obligation or Habil- (2) It shall be your duty,not our duty, Pe Ity to pay sums or perform to defend any claim or"suit'to nesses;and Any of your former"employees",dl- which this Insurance applies. rectors, managers, members, pad- ads or services Is covered. PP • (3) The nature end location of any • ners or No officers",Including (b)This insurance applies to No other obligation or liability to Iryury or damage arising out of but not limited to retired,disabled or 'properly damage"only If, pay sums or.perform ads or ser- the"occurrence"or offense. those on leave of absence,but tardy vices is covered. This requirement applies Doty when for ads within the scope of their em- 1) The"property damage" This Paragraph(2)supersedes the"occurrence"or offense Is known ' ployment by you or for duties related • takes place In the"eov- s P< to an"authorized representative"• to the condud of your business orate territory,and Parttany oriheslcoon provision in• theCoverage 2) The"property damage"• • occurs during the policy (3) "Property damage" for which • period, Care,Custody Or Control Lia- • hility Coverage provides cover- Includes copyrighted material of Insurance Includes copyrighted material of Insurance GA 233 0917 Services Office,Inc.,with es permission. Page 15 of 17 GA233 0917 Services Office,Inc.,with 3s permission. Page 16 of 17 a • • • age shall be deemed to be (3) The Voluntary Property Dam- caused by en"occurrence"but ago Coverage,Aggregate Limit . shall not serve to limit or restrict. Of Insurance is.the most we will the applicability of any exclusion pay for the sum of all damages for'property damage"under this under Voluntary Property Coverage Pert Damage Coverage. This limit • • e. Limits Of Insurance And Deduct]- applies separately to each"cov- e. blas anotia term". • • For purposes of the coverage provid- (4) Deductible Clause • • ed by Voluntary Property Damage (a) Our obligation to pay dem- • • Coverage end Care, Custody Or ages on your behalf applies • Control Liability Coverage,Section only to the amount of dam- III-Limits Of Insurance Is amended ages for each"occurrence" to Include the following: which are in excess of the stated • (1) The Limits of Insurance shown In or the alpplicablencoverage - the Declarations are replaced by in the Schedule.The limits the limits designated In Section of Insurance will not be re- B. Limits Of Insurance, 16. duced by the application of Voluntary Property Damage such Deductible Amount • Coverege And Care,Custody Or Control Liability Coverage, (b) Section IV-Cammemial In this endorsement.These limits General Liability Condi- em Inclusive of,and not In midi- lions, 2. Duties In Tho lion to,the limits being replaced. Event Of Ocourrenoe,Of- The Limits of Insurance shown In . tense,Claim Or Suit,op- the Schedule fa the most we wit piles to each claim or'bolt' pay regardless of the number of: Irrespective of the amount • (a) Insureds; (o) We may pay any part or all •b Claims made or 'bulls" of the Deductible Amout to () effect settlement of any breadth or claim or'bolt'and,upon no- (o) Persons or organizations tifieatlm of the action taken, •making claims or bringing you shell promptly reim- 'buitd' burse us for such part of the • Deductible Amount.as has (2) (a)Subject to (3) below, the been paid by us. Voluntary Property Dem- ent, am- 1T.Broadened Contractual LiabilityWork ages Limit Coverage, Each nc Is Within 60'Of Railroad Property - rence Limit O(Insurance Is • the most we will pay for the Section V-Definitions,12.'Insured con- sum of damages under Vol- tract"Is emended as follows: untary Property Damage Coverage; a. Paragraph c.Is replaced by the fel- (b) The Care,Custody Or Con- .lowing: . trot Liability Coverage, c. Any easement or license agree- Each Occurrence Limit Of ment; Insurance is the most we will b. Paragraph isdeletedlnl� upay nder the sum of demagesentire- under Care, Custody Or H p Control Liability Coverage; 16.Alienated'Promises because of all"properly damage" Exclusion 24. Damage to Property, arising out of any one"occur- Paragraph(2)under Section I-Cover- rence". age A -Bodily Injury And Property Damage Liability does not apply If the premises are'yourwork". Includes copyrighted material of Insurance GA 233 0917 Services Office,Inc.,with ds permission. Page 17 of 17 0. • • THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ I.CAREFULLY. However,any"auto"thatis leased, a. Is effective on the dale of acquisition ' hired,rented or borrowed with a driver or formation,and is afforded for 180 Is not a covered"auto". days after such date; CIpICIPIUS® E. Audio,-Visual and Data Electronic Equip- b. Does nota l to"bodilyIna or BUSINESS AUTO'XC+® • meet qa p °property damage"resultig Injury" an EXPANDED COVERAGE PLUS SECTION 111-PHYSICAL DAMAGE COV- "accident"that occurred before you acquired or formed the organization; ERAGE,C.Limit of Insurance is amended ' ENDORSEMENT by adding the following: a Doesnot apply to any newly acquired 4. The most we will payfor all"loss"to au- or formed partnership; orgzationthat Is a join[ venture or and • •dio,visual or data electronic equipment This endorsement modifies insurance provided by the following: and any accessories used with this d. Does not apply to an insured under ' equipment as a result of any one"acct- any other automobile liability policy or BUSINESS AUTO COVERAGE FORM dent"is the lesser of: . would be an Insured under such a a. The actual cash value of the dam- policy but for the termination of such policy or the exhaustion of such poli- With respect to the coverage provided by this endorsement.the provisions of the Coverage Farm apply unless ' aged or stolen property as of the time cys limits of Insurance. modified by this endorsement. of the°acddenl': ° b. The cost of repairing or replacing the 3. •Any of your"employees"while using a P 9 P covered°auto°In your business or your damaged or stolen property with olh- personal affairs,provided you do not own, A Blanket Waiver of Subrogation This provision does not apply unless the valid er property of like kind and quality;or hire or borrow thatovide written mntrad has keen: SECTION IV- BUSINESS AUTO CONDI- , c $2900 • TIONS,A.Loss Conditions,5-Transfer of 1. Executed prior to the accident causing G, Liability Coverage Extensions- Supple- Rights of Recovery Against Others to Us is "bodily injury'or"property damage";and Provided the equipment,at the time of the mentary Payments-Higher Limits amended by the addition of the following: 2.' is still in force at the time of the"accident" "loss"Is: • SECTION II - LIABILITY COVERAGE, A. We waive any right of recovery we may have causing"badly Injury'or"property dam- a. Permanently installed In or upon the, Coverage,2.Coverage Extensions,a.Sup- against any person or organization because of age". covered"auto"Ina housing,opening elementary Payments is amended by: payments we make for 'bodily injury" or or other location that is not normally ' °property damage"arising out of the operation D. Employee Hired Auto used by the"auto manufacturer for 1. • for Replacing the with$0 0i In 21 Iandran. of a covered"auto'when you have assumedthe installation of such equipment; for ball bonds $4,000 In(Z);and 7. Changes in Liability Coverage liability for such°bonilu Idjuor"property 2. reasonable abl the tt$f Insuranceioy.for damage°andel an"Insured contract",pravld- The following is added to the SECTION it' in. Removable from a permanently In- reasonable expenses with$5001°(4)'. ed the"bodily Injury°or"property damage°oc- -LIABILITY COVERAGE,A.Coverage, stalled housing unit as described In curs subsequent to the execution or the"in- , 1.Who Is an insured: Paragraph 2.a.above;or H. Amended Fellow Employee Exclusion sured contract". An"employee"of yours Is an"Insured" - c. An integral part of such equipment SECTION II-LIABILITY COVERAGE,B.Ex- ' B. Noncontributory insurance while operating an"auto"hired or rented F. Who Is an Insured-Amended elusions,S.Fellow Employee Is modified as under a contract or agreement in that follows: • SECTION N- BUSINESS AUTO CONDI- "employee's"name,with your permission, SECTION II- LIABILITY COVERAGE, A. Exclusion 5.Fellow Employee Is deleted. TIONS,B.General Conditions,5.Other it: while performing duties related to the Coverage,1.Who Is an Insured is amended surance c.Is deleted in its entirety and re- conduct of your business. , by adding the following: . L Hired Auto-Physical Damage placed by the following: c. Regardless of theprovisions of Par- • 2: Changes In General Conditions• The following are Insureds": If hired"autos"are covered"autos"for Liability 9 Coverage,then Comprehensive and Collision agraph a. above, this Coverage SECTION IV-BUSINESS AUTO CON- • 1. Any subsidiary which is a legally incorpo- Physical Damage Coverages as provided un- Form's Liability Coverage Is primary DITIONS, B. General Conditions, 5. rated entity of which you own a financial der SECTION III - PHYSICAL DAMAGE ' and we will not seek contribution Other Insurance Is deleted in its entirety interest of more than 50%of the voting COVERAGE of this Coverage Part are ex- • from any other insurance for any ria- 'and replaced by the following: stock on the effective date of this cover- tended to"autos"you hire,subject to the fol- -bility assumed under an "Insured age form. lowing: contract'that requires liability to be b. For Hired Auto physical Damage g. Coverage the following are deemed However,the insurance afforded by this assumed on a primary noncanlributo- 1. The most we will pay for eos t to any ry basis. to be covered autos you own: provision does not apply to any subsidiary hired"auto"Is$50,000 or the actual cash that is an°Insured"under any other au- value or cost to re air or re lace,which • - C. Additional insured by Contract (1) Any covered"auto"you lease, tomobile liability policy or would be an In- hire, ever is the least minus"deductible. • hire,fent or borrow;and sured"under such policy but for termina- SECTION 11- LIABILITY COVERAGE, Any covered "auto" hired or lion of such policy or the exhaustion of 2. The deductible will be equal to the largest • Coverage,1.Who is an Insured(s amendeded (2) rented by your"employee"under such policy's limits of Insurance. deductible applicable to any owned"auto" to include as an Insured any person or organl- a contract In that individual"em- for that coverage,or$1,000,whichever is zalion for whom you have agreed In a valid2. Any organization[hal Is newly acquired or less. written contract to provide insurance as af- player's°name,with your per- formed by you and over which you maln- forded by this policy. mission,while performing duties fain majority ownership.The insurance 3. Hired Auto-Physical Damage coverage related to the conduct of your provided by this provision: is excess over any other collectible insur- Thls provision is limited to the scope of the business. ante, valid written contract Includes copyrighted material of 150 Includes copyrighted material of 150 ' AA 288 06 20 • Properties,Inc,with its permission. . Page 1 of 4 AA 288 06 20 Properties,lee,with its permission. Page 2 of 4 • • • • • • 4. Subject to the above limit,deductible,and K. Transportation Expense-Hlghei Limits 2. SECTION V-DEFINITIONS Is amended P. Unintentional Failure to Disclose Hazards excess provisions We will provide cover- SECTION III-PHYSICAL DAMAGE COV• by adding the following,but only for the SECTION N-BUSINESS AUTO CONDI- cableage equal to the broadest coverage appll- purposes of this Loan or Lease Gap cable to any covered°auto"you own In- ERAGE,A.Coverage,4.Coverage Eaten. Coverage: TIONS,B.General Conditions,2.Conceal• cured under this policy. slops is amended by replacing$20 per day g meet, Misrepresentation or Fraud Is with$50 per day,and$600 maximum with "Total lass"means a°loss°In which the amended by adding the following: • Coverage includes loss of use of that hired au- ,$1,500 maximum In Extension•a.Transco'- cost of repairs plus the salvage value ex- However,J you unintentionally fail to disclose lo,provided It results from an'accident for teflon Expenses. coeds the actual cash value, anyhazards existing on the effective dale of • which you are legally liable and as a result of 9 • which a monetary loss Is sustained by the L Airbag Coverage N. Glass Repair-Waiver of Deductible this Coverage Form,we will not deny cover- leasing or rental concem.The most we will SECTION III-PHYSICAL DAMAGE COV- SECTION III-PHYSICAL DAMAGE COV- age under this Coverage Form because of pay for any one°accident°is$3,000. ERAGE,B.Exclusions,3.aIs amended by ERAGE,D.Deductible is amended by adding. such failure.: • If a limit for Hired Auto-Physical Damage is adding the following: • the following: Q. Mental Anguish Resulting from Bodily Inju- shown In the Schedule,then that limit replac- However, the mechanical and electrical No deductible applies to glass damage if the 'ry • es,and Is not added to,the$50,000 limit Indy breakdown portion of this exclusion does not glass is repaired in a manner acceptable to us SECTION V-DEFINITIONS,C."Bodily Inju • - caled above and the deductibles shown In the apply to the accidental discharge of an airbag. rather than replaced. rryy Is deleted in its entirety and replaced by Schedule are applicable. This coverage for airbags is excess over any Ne following: J. Rental Reimbursement other collectible Insurance or warranty. 0. Duties In the Event of an Accident,Claim, • - . Suitor Loss-Amended ' °Bodily injury'means bodily injury,sickness or SECTION 111-PHYSICAL DAMAGE COV- M. Loan or Lease Gap Coverage disease sustained by a person,including men- ERAGE Namended by adding the following: SECTION IV-BUSINESS AUTO CONDI- tal anguish and death sustained by the same 1. SECTION 111 - PHYSICAL DAMAGE TIONS,A.Loss Conditions,2.Duties In the person that results from such bodily Injury, 1. We will pay for rental reimbursement ex- COVERAGE,C.Limit of insurance Is Event of Accident,Claim,Suitor Loss,a.is sickness or disease.°Bodily Injury'does not penses Incurred by you for the rental of deleted In its entirety and replaced by the amended by adding the following: an°auto"because of a loss°to a covered following,but only for private passenger , include mental anguish or death thatrdoes not 'auto°.Payment applies in addition to the type autos with an original loan or lease, This condition applies only when the"a¢F result Rom bodily injury,sickness or disease. and onlyIn the event of a"total loss°to dent'or loss°is known to: • R. Coverage for Certain Operations In Con- erage youapplicablehavnamount of each.No g P erage have an a covered°auto'.No such a private passenger type"auto"; 1. You,if you are an individual: motion with Railroads deductible applies to this coverage. a. The most we will pay for"loss"in any With respect to the use of a covered"auto"In one"accident'is thegreater of: 2. A partner,if you are a partnership; operations for or affectinga railroad: • 2. We will pay only for those expenses in- P curred during the policy period beginning3. An executive officer or Insurance manag- (1) The amount due under the terms er,If you are a corporation:or 1. SECTION V V.DEFINITIONS,H.°Inured' 24 hours after the"loss°and ending,re- of the lease or loan to which y contract°,1.c.is deleted in its entirety and gardiess of the pollcys expiration,with your covered private passenger 4.. A member or manager,if you are a Iim- replaced by the following: ' the lesser of the following number of type"auto°is subject,but will not lied liability company. days: include: • c. An easement or license agreement a. The number of days reasonably re- (a) Overdue lease or loan pay- 2. SECTION V-DEFINITIONS,H.°Insured quired to repair the covered°auto°.Iferects;• contract'.2.a.Is deleted- loss'is caused by theft,this number of days is added to the number of (b) Financial penalties imposed days it takes to locate the covered under the lease due to high • ' 'auto'and return it to you:or mileage,excessive use or Is. 30 days. abnormal wear and tear, 3. Our payment is limited to the lesser of the (c) Searity tiesosits not re- following amounts: • funded by lessor, a. Necessary and actual expenses In- (d) Costs for extended warran- eces;or ties,Credit Life Insurance, - Health,Accident or Disabli- b. $50 per day- •ity Insurance purchased - • with the loan or lease;and . 4. This coverage does not apply while there . are spare or reserve"autos°available to • (e) Carry-over balances from you for your operations, previous loans or leases,or. 5. We will pay under this coverage only that (2) Actual cash value of the stolen amount of your rental reimbursement ex- or damaged property. penes which Is not already provided for b. An adjustment for depredation and ' under SECTION 111-PHYSICAL DAM- physical condition will be made In de- ' AGE COVERAGE, A Coverage, 4. termining actual cash value al the • ' Coverage Extensions. lime dia.°. Includes copyrighted material of ISO ' Includes copyrighted material of ISO AA 206 06 20 Properties,Inc,with Its permission. Page 3 of 4 AA 206 00 20 Properties,Inc,with its permission. Page 4 of 4