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2023-190 PO 20240141- Pacific Paving Inc
C / Rca EP Purchase Order Fiscal Year 2024 Page: 1 of: 1 _WflOterNUM;i Alm gleAffA- B City of Ashlands � F��s I ATTN: Accounts Payable 20 E. Main Purchase20240141 Ashland, OR 9.7520 Order# T Phone: 541/552-2010 0 Email: payable@ashland.or.us V H C/O Water Division E PACIFIC PAVING, INC l 90 North Mountaiin Ave N PO BOX 2370 P Ashland, OR 97520 O WHITE CITY, OR 97503 Phone: 541/488-5353 R T Fax: 541/552-2329 O ��� 18�[ s a]@=af ®la®sI=1 —(PoE§I3ai=lad§ i1�f=1eE1€5i I �rfl4r�_t ;:}�1�1 L __ _H Steve Walker Water Jason Robustelli Wastewater 09/27/2023 207 FOB ASHLAND OR Cit Accounts Pa able NINONl•'�� �sf., s s s a}_� :ice— —_.- _ __ 9 a ,g _`F�`ZEi���1_fa==}=' — — =-a��F�i�_���js1�=�}a= Asphalt Patching , 1 Asphalt Patching 1.0 $2.00 $2.00 (Quarterly quotes forjobs 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: • Project Account: • S . *************** GL SUMMARY*************** S 081800-602400 • $1.00 086000-602400 $1.00 • • • b � G By: f l` k Date: 0.I I Au.fiorized Signature I ; a =— — $2.00 • • : FORM #3. : . • CITY OF � �� . ASHLANDio Vi. . REQUISITION I Date of request: 09/25/2023 1 ' • . Required date for delivery: ' Vendor Name PACIFIC PAVING ' Address,City,State,Zip • Contact Name&Telephone Number ' Email address SOURCING'METHOD . ❑ Exempt from Competitive Bidding ❑ Invitation to Bid ❑ Emergency ❑ Reason for exemption: Date approved by Council: ❑ Form#13,Written findings and Authorization ' IIIAMC 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.# • ❑ VerbalMlritten bid(s)or proposal(s) ❑ Request for Qualifications(Public Works) ❑ State of Washington • Date approved by Council:_ _ Contract it._ • . • _(Attach copy of council communication) ❑ Other government agency contract. Intermediate Procurement ❑ Sole Source Agency ' . GOODS&SERVICES L 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 El 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 for jobs 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 d O Account Number Account Number 0 8 6 0 0 0. 6 0 2 4 0 0 6.6 B V . *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 all hardware and software purchases: . • IT Director Date Support-Yes/No By signing this requisition form,Ic-- at the City's public contracting ran�ents have been satisfied. Employee: - moi/ /.�, lP ZJ • Department Head: 1. 2C..2 3 p . / O`er / It.IN —, .,•1 to'r greater than$5,000) Departanager/Supervisor: -- ,i �. ' Manager: •. rr 0 /3( ' " ` (Greater than$35,000) Funds appropriated for current fiscal year:0.3 /NO 'fl 9 2, • Fina ce itd01-(Equal to o eater than$5,000) a 6�9�/U Comments: .Form 113-Requisition . . . - FA Council Business Meeting • . May 16,2023 t 4 . ai ' .,..'. Special Procurement- Asphalt Patching 1,1W'' . �• �; 4•� Michael Morrison • O erations DeputyDi rector michael.morrison@oshland.or.us 541-552 2325 - fi�m� W;1.• ,..,,'_` Requested by Council ❑. Update 0 Request for Approval I] 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 ofasphalt 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. . atleast 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 .. S staff recommends the Class-Special Procurement be approved for the reasons provided'in the attached written findings. • • Pagelof2 Irliratik 1'i S iii y::'Lt • l • „_ _ ram Council Business Meeting • REFERENCES&ATTACHMENTS 1. Form #9 Special Procurement Request for Approval (Written Findings)• . • • • • • • • • • • • • • • • Page 2of2 • • /® • • • CITY OF VORM #9 ASHLAND •StE IA AIWCU • • 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 Or services or the class of goods or services to be acquired through the special procurement and the circumstances that justify the use of a speeial 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: Juice 30,2028 • .5. Total Estimated Cost: • . • • 6. Short title.of the Procurement:. Asphalt Patching Services Supplies'and/or services or class of Stipplies•and%of Services to be acquired: ' • .. . . • • City-departments have to make required and.necessary repairs to povver'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 jobs are relatively small 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 not required to;also include the following types of documents:•Notice/Advertising,.Solicitation(s),Bid/Proposal Fornis(s), Contract Form(s),'and any other documents or forms to be used in the proposed contracting procedure.on(s), • • 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 theasphalt 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 information 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-[fapproved, May 17, 2023] PUBLIC NOTICE Approval of a Special Procurement First date of publication: [fapproved,-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[f 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 . quotes for 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 encouragefavoritism in the awarding of public contracts ox 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,Mariann Olson,Purchasing • Representative,90 N.Mountain Avenue,Ashland, OR 97520. The seven(7)protest • period will expire at 5:00pm on[fpublished 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 • . • • • " Post ngNuMber: PUBIJC NOTICE ASPHALT PATCHING • • Project Name: SPECIAL PROCUREMENT ASPHALT PATCHING • Release Date: 5/1712023 Due Date: 5/24/2023• • Due Time: 5:00:00 PM • • Status: None • • • Description: PUBLIC NOTICE A.vpraval of a Special Pnacnrement • • • First date of publication: May 17,2023-, • . • • A request for approval Ofa Special Procurement was presented to and approved.by the City Council,eicting as the Local Contract Review Board, • on:May 16,2023. • This Class Special Procurement(sourcing method)Will allow the use of an alternative solicitation process to procure asphalt patching service& Written price quotes(pcicefsquate 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)maitten quotes for each asphalt patching jobs anticipated to exceed$2,500_00.This • process will simplicythe 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 ofthe small asphalt paving jobs_Currently,there are two(2)local contractors that • • continue to want to bid on asphalt pairlainglobs less than$2,500 and one(1)contractor that has requested to bid on jobs that exceed S2,500_The • proposed solicitation process will continue to be an open and competitive process and contracts and insurance certificates will be maintained for each.ofthe.asphalt patching contractors_ .• It has been determined based on written findings that the Special_Procure.ma will be unlikely to encourage favoritism in the awarding ofpublic contracts or to substantially diminish competition for public contracts,and result in substantial cast savings or substanti21Iv promote the public interest ins manner that could not be reared by complying with the requirements that are applicable in ORS 279B.055„279E060:279R065, or 279B.070. An affected person rimy protest the request for approval of a Special Procurement in accordance with ORS 279R400 and OAR_137-047-0300_ • A-vvritten orotest 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 5:00pan on 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_ Request Bid Packet and/or Plan Holder List and Other Information • • • • • • CITY OF ASHLAND Request for Quote DATE: August 31,2023 . TO: Mountain View Paving-Paul Meyer mountainviewpaving@yahoo.com Fax: 541-535-3865 Pacific Paving -Terry Schoenleder/Terry Simcoe Pacpavinginc.i`a7,gmail.com Fax: 541-772-0080 FROM: Kari Olson,Purchasing Representative RE: • RFQ—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: $.eAtember 1,2.023 :o D.ece- her , -02 PRICE PER SQUARE FOOT aA� r� Laid in place(4") $ -/s - °._ to00 rhobar-2.4.1fr lt Laid in place(4"),plus prepwork $ • 7 elf S 46IW 7 vi U Additional information: „�j Company Name: ( li &... (M1ikc. v Contact Name: ‘ iritf\..a�. Date: —4 / 0 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 . 1 90 N.Mountain Avenue TTY:800-735-2900 ,r Ashland,Oregon 97520 www.ashland.or,us Contract for Asphalt Patching Services CITY OF CONTRACTOR: Pacific Paving -ASHLAND -CONTACT: Bonnie Verstegen • 20 East Main Street • • Ashland, Oregon 97520 ADDRESS: .PO Box 2370,White City, OR 97503 . Telephone: 5411488-6002 Fax: 541/488-5311 TELEPHONE: 541-772-4616 • DATE AGREEMENT PREPARED:August 31,2023 FAX: 541-772-0080 - • 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 toobtain at least three (3) written bids for each individual asphalt patching job anticipated to 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 nMay 16, 2023, for a term beginning on July 1, 2023 and ending 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 all labor, 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 beregistered, 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 thecompletion date indicated above. 4. Compensation:City shall pay,Contractor for.the•specified goods and for any work performed, includingcosts 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 27913.220,-27-911225,-27-913-,230,279B.235,-ORS-Chapter-244-and.-ORS-67-0.600-.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). Contractorshall not be held responsible for any losses,expenses,claims,subrogations, actions, costs, judgments, or other damages,directly,solely,and proximately caused by negligence of City. . 9. Termination: a. Mutual Consent. This contract may be terminated at anytime 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 0 • 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 thebreach 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. ii. 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 any other 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 thatit 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, of 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 • • I 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 inaccordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws, rulesor doctrines. Any claim,action,suit or proceeding (collectively, "the claim") between the City(and/or any other 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 sufficient funds currently available and authorized for expenditure to finance the costs ofthis 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, to continue 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 writtennotice 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 P cific Pavin City of Ash! n By / ; % By ( ti ` a;- 1 Joseph L. Lessard, City Manager Print Name L/ O ateCVD Title • • • • • Contract for Asphalt Patching Services,Page 3 of 5 EXHIBIT A CERTIFICATIONS/REPRESENTATIONS: Contractor, under penalty of perjury, certifies that(a) the. number shown on the attached W-9 form is its correct taxpayer ID (or is waiting for the number to be issued to it and (b) Contractoris not subject to backup withholding because.(i) it is exempt from backup withholding or(ii) it has not been notified by the Internal Revenue Service (IRS)that it is subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified it that it is no longer subject to backup withholding. Contractor further represents and warrants to City that(a) it has the power and authority to enter into and perform the work, (b)the Contract, when executed and delivered, shall be a valid and binding obligation of Contractor. enforceable in accordance with its terms, (c)the work under the Contract shall be performed in accordance with the highest professional standards, and (d).Contractor is qualified, professionally competent and duly licensed to perform the work. Contractor also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on behalf of the entity designated above and authorized to.do business in Oregon or is an independent Contractor as defined in the contract documents, and has checked four or more of the following criteria: . (1) I carry out the labor or services at a location separate from my residence or is in a specific portion of my residence, set aside as the location of the business. (2) Commercial advertising or business cards or a trade association membership are purchased for the business. . e (3) Telephone listing is used for the business separate from the personal residence listing. ,per (4) Labor or services are performed only pursuant to written contracts. (5) Labor or services are performed for two or more differentpersons within a period of one year. (6) I assume financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liabilityinsurance relating to the labor or services to be provided. (Date) Contract for Asphalt Patching Services,Page 4 of 5 • CITY OF ASHLAND , OREGON EXHIBIT B • City of Ashland • LIVING ALL employers described WAGE below must comply with City of Ashland laws regulating la mentofa living, wale. $18.12 per hour effective June 30, 2023 (Increases annually every June 30 by the Consumer Price Index) • • Employees must be paid a portion of business of their 401K and IRS eligible living wage: employer, if the employer has cafeteria plans(including ten or more employees, and childcare)benefits to the • has received financial amount of wages received by assistance for the project or the employee. D • For all hours worked under a ' business from the City of. • service contract between their Ashland in excess of ➢ Note: °Employee°does not employer and the City of • $25,335.05. include temporary or part-time Ashland if the contract employees hired for less than exceeds$25,335.05 or more. ➢ If their employer is the City of 1040 hours in any twelve- Ashland including the Parks month period. For more ➢ For all hours worked in a and Recreation Department. details on applicability of this month if the employee spends policy, please see Ashland 50%or more of the D In calculating the living wage, Municipal Code Section employee's time in that month employers may add the value 3.12.020. working on a project or of health care,retirement, For additional information: Call the Ashland City Administrator's office-at 541-488-6002 or write to the City Administrator, City Hall, 20 East Main Street,Ashland, OR 97520 or visit the city's website at www.ashland.or.us. Notice to Employers: This notice must be posted predominantly in areas where it can be seen by all employees. • CITY OF ASHLAN D Contract for Asphalt Patching Services,Page 5 of 5 • www.saif.com • • • .sal Workfe. . Li Oregon. • Oregon.Workers' Compensation Certificate. of Insurance • • Certificate holder: • CITY OF ASHLAND ATTN: KARI'OLSON PURCHASING REPRESENTATIVE . • 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 insurance afforded 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 Pacific Paving Inc Hub International Northwest LLC-Eugene PO Box 2370' David Niderost • White City, Or 97503-0370 541.654.8521 david.niderost@hubinternational.com Issued 09/28/2023 Limits of liability Policy 812919 Bodily Injury by Accident $1,000,000 each accident Period 10/01/2023 to 10/01/2024 Bodily Injury.by Disease $1,000,000 each employee - • Body Injury by Disease $1,000,000 policy limit • • Description of operations/locations/special items • All Operations 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. • Authorized representative LTh • • Chip Terhune , President and CEO • • • • • 400 High Street SE • Salem,OR 97312 P:800.285.8525 Policy_OLCACertificateOflnsurance • F:503.584.9812 ,aco O® CERTIFICATE OF LIABILITY INSURANCE °ATE`MM/°°"YYY' 4.---- '9/25/2023 .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 • HUB International Northwest, LLC PHONE Mary-Beth Woomer FAx PO Box 10167 (AIC.No.Extl:541-687-1117 (A/C,No):541-342-8280 Eugene OR 97440 ADDRESS: marybeth.woomer@hubinternational.com INSURER(S)AFFORDING COVERAGE NAIC# , • - ) ' INSURERA:Cincinnati Casualty 28665 INSURED • PACIPAV-02 INSURER B: Pacific Paving, Inc , PO Box 2370" .INSURERC: Medford OR 97501 • - INSURER D: . . / INSURER E:• - • I INSURERF: • COVERAGES CERTIFICATE NUMBER:2142751187 . 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS • LTR INSD WVD POLICY NUMBER ' (MMIDD/YYYY) (MM/DDIYYYY) A X COMMERCIAL GENERAL LIABILITY Y Y EPP0567282 3/20/2023 3/20/2024 EACH OCCURRENCE '$1,000,000 DAMAGE RENTE CLAIMS-MADE 'X OCCUR PREM SESO(a occurrence) $500,000 MED EXP(Anyone person) $10,000 PERSONAL&ADV INJURY $1,000,000 1 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 _ POLICY X JECT X LOC • PRODUCTS-COMP/OPAGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY Y Y. EPP0567282 3/20/2023 3/20/2024 COMBINED SINGLE LIMIT $1,000,000 (Ea accident) - ANY AUTOBODILY INJURY(Per person) $. OWNED X AUTOS SCHEDULED AUTOS ONLY BODILY INJURY(Per accident) $ _ _ X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) . $ • • A X UMBRELLA LIAB X OCCUR EPP0567282 3/20/2023 3/20/2024 EACH OCCURRENCE • $1,000,000 EXCESS LIAR CLAIMS-MADE . ,. • AGGREGATE $1,000,000 DED X RETENTION$0 $ . WORKERS COMPENSATION • PER OTH- AND EMPLOYERS'LIABILITYY./N • STATUTE ER ANYPROPRIETOR/PARTNERIEXECUTIVEN!A . ,• E.L.EACH ACCIDENT $ OFFICER/MEMBEREXCLUDED? ' (Mandatory in NH) • . E.L.DISEASE-EA EMPLOYEE.$ If yes,describe under • DESCRIPTION OF OPERATIONS below ' • E.L.DISEASE-POLICYLIMIT $ • 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 ona primary and non-contributoryy basis with waiver of subrogation with respects to the general liability and auto liability as required by written contract per attached endorsements.Umbrella is Excess over General Liability,Auto and Employers Liability.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 • • 20 E. Main St • •• AUTHORIZED REPRESENTATIVE Ashland OR 97520 ^ ^ \;44~ (,� 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. Loss Of Earnings:$ 500 CONTRACTORS'COMMERCIAL GENERAL LIABILITY Medical Payments Medical Expense Limit:$10,000 BROADENED ENDORSEMENT 9. Property Damage To Borrowed Equipment ' . - Each Occurrence Limit.$10,000 This endorsement modifies insurance provided under the following: Deductible Amount $ 250 16. Voluntary Property Damage Coverage(Coverage a.)And Care,Custody Or Control Liability COMMERCIAL GENERAL LIABILITY COVERAGE PART Coverage(Coverage b.) Limits Of Insurance - • A. Endorsement-Table of Contents: Coverage a. • $1,000 Each Occurrence • Coverage: Begins on Page: $5,000 Aggregate • 1. Employee Benefit Liability Coverage_..._..._.:._- Coverage b.$5,000 Each-Occurrence unless otherwise stated$ - ---•--•• - --- :.3 - 2. Unintentional Failure To Disclose Hazards.-.-.,.-,_.._--._..._....-_..._........ ..._-.._..._.::.._......9 Deductible Amount(Each Occurrence) 3. Damage To'Premises Rented To You---:_..._:.._..-_-.._...__..._.-._..._..._..._..._....._---_..: • • • • C. Coverages this endorsement pro- (d) Insufficiency Of Funds (i) Taxes,Fines Or Penalties • vided: 1. Employee Benefit Liability Coverage Damages arising outof an Taxes,fines or penalties,in- s. The following is added to Section I- ' a) You did not have insufficiency of funds. to eluding those imposed un- gknowledge of a meet any obligations under der the Internal Revenue Coverages: _ claim or"suit'an or any plan induded In the Code or any similar state or Employee Benefit Liability Cover- • before the"first ef- "employee benefit program"- local lav- age fective date"of this - endorsement. . (e) Inadequacy Of Perfor- (j) Employment-Related Prac- (1) Insuring Agreement mance Of Invest- tices • You will be ment/Advice,.Given With (a) We will pay those sums that deemed to have - Respect To Participation Any liability arising out of the insured becomes legally knowledge of a any: obligated to pay as damag- claim or "suit' Any claim based upon: •es caused by any act;error when any"author- (1) Refusal to employ; - or omission of the insured, ized re resents-. • 1) Failure of any invest- or ment to perform; (2) Termination of employ or of any other person for tive"; - menta • whose ads the Insured is Reports2) Errors in providing in- legally liable, to which this I) all, or formation on past per- (3) Coercion, demotion, insurance applies. We will any part,of the - formance of investment ' evaluation, reassign- have the right and duty to ad, error or vehicles;or , ment, discipline, defa- defend the insured against omission to us mation, harassment, any "suit' 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 no duty to defend ii) Receives a that person's decision to ment-related practices, against any "suit' seeking written or ver- participate or not to par- . acts or omissions;or . damages to which this In- bol demand or ticipate in any plan in- eluded in the"employee (4) Consequential• liability surance does not apply.We claim for dam- benefitprogram". as a result of(1),(2)or may, at our discretion, in- - ages because (3)above. ( ) vestigate any report of an - of the act, er- (f) Workers' Compensation ad, error or omission and ror or omis- And Similar Laws This exclusion applies settle any claim or"suit'that • don;and - - whether the insured may be may result.But Any daim arising out of your held liable as an employer 1) Theamount we will payb) There is no other failure to comply with the' or in any other capacity and applicable insur- -- mandatory provisions of any to any Obligation to share- far damages is limited anon. , workers' compensation, un- damages with or repay - as described in Section III - Limits Of Insur- (2) Exclusions employment. compensation someone else who must pay insurance,sodal security or . damages because of the in- ance;and • This insurance does not apply to: disability benefits law or any jury. • 2) Our right and duty to similar law.. defend ends when we (a) Bodiy Injury, Property (3) Supplementary Payments - have used up the appli- Damage Or Personal And (g) ERISA Section I - Coverages, Sup- - cable limit of insurance Advertising Injury • Damages for which any in- plementary Payments-Cover- ' • in the payment of judg- Bodily injury', "property sured is liable because of li- - ages A And B also apply to this mentsorsettlements, damage" or "personal and ability imposed on a fidud- Coverage. No other obligation or liabil- advertising injury'. ary by the Employee Re tirement Income Security b. Who Is An insured ity to pay sums or perform (b) Dishonest, Fraudulent, • Act of 1974, as now or As respects Employee - ads or services is covered Pe plo Benefit Lia- - CflminalOrMaliciousAct: hereafter amended, or by Oil- Covera - ' unless explidtly provided for - - • 'any similar federal,state or Insured Coverage,replaced Section II-Who I- under Supplementary ' - ' Damages arising out of any An is by the follow - under Payments. intentional, dishonest, . • Ing: • fraudulent, criminal or mali- (h) Available Benefits 1 O Ifyou are designated in the Dec- (b) This insurance applies to cions act,error or omission, damages only if the ad,er- committed by any insured, ,Any daim for benefits to the larations as: ror or omission,is negligent- including the willful or reds- extent that such benefits are (a) An individual,you and your ly committed in the"admin- less violation of any statute- . available, with reasonable spouse are insureds,but on- istration"of your"employee effort and cooperation of the ly with reaped to the con- benefit and (c) Failure To Perform A Con- Insured,from the applicable duct of a business of which ) Occurs during the policy tract • funds aooved or other.col- 1 you are the sole owner. period;or Damages arising out of fail •- !edible insurance, ure of performance of con- • (b) A partnership or joint ren- 2 Occurredprior'to the ince, you are an insured. trail by any usurer. Your members, your effective date" of y ur part- Includes copyrighted material of Insurance - Includes copyrighted material of Insurance GA 233 0917 Services Office,Inc,with its permission. Page 3 of 17 GA 233 0917 . Services Office,Inc,with its permission: Page 4 of 17 ners,and their spouses are zation.However,coverage under (b) A series of related acts,er- tification of the action taken, also insureds but only with this provision: . rors or omissions, regard- you shall promptly reim- respect to the conduct of less of the amount of time burse us for such part of the your business. (a) Is afforded 'only until the that lapses between such Deductible Amount as we 180th day after you acquire acts,errors or omissions; have paid. (c) A limited liability'company, or form the organization or you are an insured. Your the end of the policy period, negligently oommitted in the d. Additional Conditions members are also insureds, whichever is earlier,and "administration"of your"employ • but only with respect to the eebenefit program'. As respects Employee Benefit Lia- . conduct of your business . (b) Does not apply to any ad, bility Coverage,Section IV-Com- Your managers are in- error or omission that was However,the amount paid under mercial General Liability Condi- sureds,but only with respect • committed before you ao-. this endorsement shall not ex- tions is amended as follows: to their duties as your man- quired or formed the organi- ceed,and will be subject to the Item 2.Duties In The Event Of agars. zation. limits and restrictions that apply (1)• Item 2.Occurrence,Offense,Even Or to the payment of benefits in any (d) An organization other than a c. Limits Of Insurance. Suit is replaced bythe following: rtJ ( plan included in the "employee P g: partnership,„joint venture or . As respects Employee Benefit Lla- benefit program.” 2. Duties In The Event Of An tinted liability company,youbility Coverage,Section Ill-Limits Ac Error Or Omission,Or are an insured.Your"exec- Of Insurance is replaced - (4) Deductible Amount 1; the officers".and directors P, by-the fol- Claim Or Suit are insureds, but onlywith lowing: • (a) Our obligation to pay dam- , • ages on behalf of the in- a. You must see to it that respect to their duties as (1) The Limits of Insurance shown In we are notified as soon suredmoapplies onlyt your officers or directors. Section B.Limits Of Insurance, amount of damages the In ex- as practicable of ad`ac1, Your stockholders are also 1. Employee Benefit Liability cess of the Deductible error or omission which insureds, but only with.re- - Coverage and the rules below.foc Amount stated In the Deda- may result in a claim. sped to their liability as the most we will pay regardless rations as applicable to To the extent possible, stockholders. of the number of notice should Include: Each Employee. The limits (e) A trust,you are an insured. (a) Insureds; of insurance shall not be re- (1) What the act,error Your trustees are also in- duced by the amount of th's or omission was • sureds,but only with respect (b) Claims made or "suits" deductible. - and when it on- to their duties as trustees. brought; curred;and organizations (b) The stated inthe(2) Each of the following is also an (c) Persons or o r0 (2) The names and insured: making daims or bringing applies to all damages sus- . addresses of an 'suits'; tamed by any one"employ- y one who may suf- (a) Each of your "employees"em ee",including such"employ- who is or was authorized to (d) Acts,errors or omissions;or ter damages as a administeryour "employee ce ee's"dependents and bene- - result of the ad, ? y (e) Benefits included in your fidaries,because of all ads, error or omission. • bereft program"; • errors or omissions to which . "employee benefit program". (b) Any persons, organizations this insurance applies. b. If a daim is made or or"employees"haven prop- (2) The Aggregate Limit shown in "suit'is brought against g P P Section B.Limits Of Insurance, (c) The terms of this insurance, any insured,you must: er temporary authorization - 1. Employee Benefit Liability including those with respect • to administer your"employ- Coverage of this endorsement is to: (1) Immediately record ee benefit program" if you the most we will pay for all dam- Our right and dutyto the specifics of the die,-but only until your legal 1) claim or"suit'and ages because ads, all or representative is appointed; omissions negligently committed defend the insured the date received; or against any "suits" and in:the "administration" of your seeking those damag- • al representative if "employee benefit program". (c) Your le 9 P es;and (2) Notify us as soon you die, but only with re- (3) Subject to the limit desonbed in • . as practicable. sped to duties as such.That 2) Your duties,and the du •- • representative will have all (2) above, the Each Employee ties of any other in- You must see to it that Limit shown in Section B.Limits volved insured, in the we receive written no- your lights and duties under Of Insurance, 1. Employee ' this Coverage Part_ event of an ad,ecru or se of a claim or ble.t' Benefit Liability Coverage of omission,or claim; a as soon the as predicable. (3) Any organization you newly so- this endorsement Is the most we ,quire or form,other than a part- will pay for all damages sus apply irrespective of the ap- . c. You and any other in- nership,joint venture or limited tamed by any one "employee", plication of the Deductible volved insured must liability company,and over which including damages sustained by Amount. you maintain ownership or major- such "employee'si' dependents (1) Immediately send fry interest, will qualify as a and beneficiaries,as a result of (d) We may pay any part or all us copies of any Named Insured if no other similar • of the Deductible Amount to. demands, notices, insurance applies to that organi- (a) An art,error or omission;or effect settlement of any summonses or le- 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 ds permission. Page 5 of 17 GA 233 0917 Services Office,Inc.,with its permission. Page 6 of 17 • • ceived in conneo- - tion by equal shares, any benefit included in c. Unemployment insur- tion with the claim we will follow this meth- the "employee benefit • ante, social security or"suit; ad also.Under this ap- program benefits,workers' com- proadh each insurer • pensation and disability (2) Authorize us to ob- contributes equal However, "administration" benefits,and _ tain records anddoes not include: amounts until it has other information; paid its applicable limit d. Vacation plans, inGud- a. Handling payroll deduc- ing buyand sell pro- (3) of insurance or none of - Cooperate with us tions or in leave of alo- in the investigation the loss remains, • g or settlement of the• whichever comes first. b. .The failure to effect or. Bence programs,indud- • orseclaim or defense maintain any insurance ing military, maternity, If any of the other in- or adequate limits of - family, and civil leave; and against the "suit; surance does not emtit tuition assistance plans; P coverage of insurance,' contribution by equal • including but not limited transportation and (4) Assist us,upon our shares,we will contrib- to unemployment incur- health club subsidies. request,in the en- ute by limits Under this ante, sodas security forcemeat of anymethod, each insurer's benefits,workers'cam- 4. "First effective date"means • share is based on thethe date upon which cover- right against any bensation and disability age was first effected in a person or organs- ratio of its applicable benefits series of uninterrupted re nation which may limit of insurance to the P be liable to the in- total applicable limits of i 2. "Cafeteria plans" means newels of insurance cover- cured because of insurance of all insur- plans authorized by applica- age. an ad, error or ers. " ble law to allow"employees (2) The following definitions are de- omisson to which to elect to pay for certain leted in their entiand re- this insurance may c. No Coverage benefits with pre-tax dollars. placed by the following: ' • also apply. This insurance shall not 3. "Employee. benefit pro- cover any loss for which ,8means a program . 'Employee"means a person d. No insured will,except the insured is entitled to grams" adively employed, formerly et that Insureds own providing some of all of the employed, on leave of ab- recovery under any - following benefits to 'em- cost,voluntarily make a other insurance in force sence or disabled,or retired. • payment, assume any to the effective throngs', whether provided 'Employee" includes a previousthrough a"cafeteria plan"or obligation,or incur any - date of.this Coverage otherwise: 'teased worker"."Employee" expense without our Part does not include a'tempo- consent. a. Group life insurance; raryworker'. e. Additional Definitions group accident or health (2) Item 5.Other Insurance is re- • insurance;dental,vision 21. 'Suit"means a civil proceed- placed by the following: As respects Employee Benefit Lia- ing in which money damag- bility Coverage,Section V-Defini- and hearing plans;and es because of an ad,error 5. Other Insurance flexible spending ac- tions is amended as follows: or omission to which this in-. • counts;provided that no swance applies are alleged. If other valid and collectible PP e9 insurance is available to the (1) The following definitions are one other than an"em- 'Suit"includes: insured for a loss we cover added: played" may subscribe under this Coverage Part, 1. "Administration"means: to such benefits and a. An arbitration prcoeed- our obligations are limited as such benefits are made Ing in which such dam- our a. Providing information to generally available to ages are claimed and to ouroblfollows: "employees" including those"employees"who which the insured must , a.•Primary Insurance their dependents and - • satisfy the plan's eligibl- submit or does submit This insurance isprima- beneficiaries, with re- ity requirements; with our consent; • • sped to eligibility for or . . . _-ry-exceptwhen C.below scope of "employee b. Profit sharing 'plans, b. Any other alternative applies.If this insurance coPemployee savings - - - dispute resolution pro- PP benefit programs"; • employee stock ceedingin which such is primary, our oblige- plans, tions are not affected b. Interpreting the "em- ownership plans, pen- damages are claimed unless any of the other ployee benefit pro- sien plans and stock and to which the in- insurance is also prima- grams"; subscription plans, pro- sured submits with our ry.Then,we will share'• vided that no one other consent;or with all that other insur- c. Handling records in than an. "employee" • ante by the method de- - connection with the may.subscribe to such c. Anappealof a civil pro- • • ' scribed in b.below. "employee benefit pro- benefits and such bend g grams';•or fits are made generally b.. Method Of Sharing \ available to all"employ- '.. Effecting, continuing or ees" who are eligible If all of the other insur- terminating any "em- under the plan for such ante permits contribu- • ployee's"participation in• benefits; - • Includes copyrighted material of Insurance Includes copyrighted material of Insurance GA 233 0917 Services Office,Inc,with is permission. Page 7 of 17 GA 233 0917 Services Office,Inc.,with its permission: Page 8 of 17 1 • • • 2. Unintentional Failure To Disclose Haz- 2) Rust or other cor- 2) Basements, you with permission of ards rosion, decay, de- whether paved or the owner, • Section IV-Commercial General Liabli- otlriatentn, hidden not;or Conditions, 7. Representations is or latent defect or b. In the case of damage . Ity p any quality in 3) Doors,windows or by fire,explosion,light- amended by the addition of the following: property that caul- other openings. ring, smoke or soot, •Based on our dependence upon your rep es it to damage or (c) 'Property damage" caused while rented to you;or resentations as to existing hazards,if un- destroy itself, by or resulting from water c. In the case of damage intentionally you should fail to disdose all 3) Smog; that leaks or flows from - by water, while rented such hazards at the inception date of your plumbing,heating,air condi- to and occupied by you. policy,we will not reject coverageunder 4) Mechanical•break- tioning, fire protection sys- this Coverage Part based solely on such down, including terns, or other equipment, (2) The most we will pay is limited as ordescribed in Section B. Limits failure. rupture or bursting causedby resulting from Of Insurance, 3. Damage caused by oentrif freezing,unless:. To 3. Damage To Premises Rented To You ugal force; Premises Rented To You of this a. The last Paragraph of 2.Exclusions (I) You did your best to endorsement.. The Section r-Covera Coverage • S) Setting, cracking, maintain heat in the ug shrinking or ex- building or structure;or 4. Supplementary Payments ily Injury And Property Damage LI- pension; ability is replaced by the following: (II) You drained the equip- Under Section I-Supplementary Pay- Excdusions c,through q.do not apply 6) Nesting or infesta- ment and shut off the ments-Coverages A And B: Bon, or discharge • water supply if the heat • a. Paragraphreplacedby to"property damage"by fire,explo- 2.is the fel- or se oswaste-a- was not maintained. lowing: sion, lightning, smoke or''.soot to products or secre- . premises while rented to you or tem- - tions, by insects, (d) 'Property damage"to: Up to the limit shown In Section B. poranly occupied by you with permis- birds, rodents or Limits Of Insurance,4.a.Bail Bonds sion of the owner, for which the , (i) Plumbing, heating, air other animals;or of this endorsement for cost of bail amount we will pay is limited to the condtioning,fire proteo- Damage To Premises Rented To 7) Presence, growth, . tion systems, or other • bonds required because of accidents You Limit as described in Section III proliferation, • equipment or applianc. or traffic law violations arising out of -Limits Of Insurance. spread or any ac. es;or the use of any vehicle to which the tivity of fungus,in- • Bodily Irjury Liability Coverage ap- r. The interior of any plies.We do not have to furnish these b. The insurance provided under Sec- eluding mold or tion I-Coverage A-Bodily Injury mildew, and any building ora structure,prot iorn bonds. And Property Damage Liability ap- to personal property in . MI- plies to'property damage"arising out myaos, scents the building or structure, b. Paragraph 4.is replaced by the fd- spores, scents or lowing: of water damage to premises that are byproducts pro- caused by or resulting both rented to and occupied byfrom rain,snow,sleet or pyce duped or released All reasonable expenses incurred by • ice, whether driven by the insured at our request (1) As respects Water Damage Le by fungi. • • wind or not. q efe assist us gal Liability,as provided in Pam- (b) 'Property damage" caused inl the inveitigation including or actual selos the graph 3.b.above: • C. Limit Of Insurance claim or"suit', actual loss of directly or indirectly by any earnings up to the limit shown in Seo- • The exclusions under Section I- of the following: , With respect to the insurance afford- Bon B. Limits Of Insurance, 4.b. Coverage A-Bodily Injury And ed in Paragraphs 3.a.and 3.b.above, Loss Of Earnings of this endorsement () Earthquake, volcanic the Damage To Premises Rentedper daybecause of time off from Property Damage Liability, 2. 9 eruption,. landslide To You Limit as shown in Dada- work Exclusions, other than I. War any other earth move- rations is amended as follows: and the Nuclear Energy Liabll- menta 5. Medical Payments Ity Exclusion(Broad Form),are (1) Paragraph 6. of Section III - deleted and the following are (II) Water that badcs up or • Limits Of Insurance is replaced The Medical Expense Limit of Any One added: - overflows or is other •- Person as stated in the Declarations is by the following: This insurance does not wise discharged from a amended to the limit shown in Section B. apply to: sewer, drain, srunp, 6. Subject to Paragraph 5. Limits Of Insurance, 5. Medical Pay- (a) 'Property damage": _ sump pump or related above, the Damage To ments of this endorsement . equipment . Premises Rented To You 180 DayCoverageNewly (I) Assumed in any con- Limit is the most we will pay g For Formed tractor agreement or (III)Water under the ground under Coverage A-Bodily Or Acquired Organizations . surface pressing on,or Injury (ii) Caused by or resulting flowing or seeping j ry And Property Dam- Section II - Who Is An Insured is • from any of the follow- • through: age Liability for damages amended as follows - ing: because of'property dam- 1) Foundations,walls, . - age"to any one premises: . Subparagraph a. of Paragraph 3. is re- l) Wear and tear, floors or paved placed by the following: surfaces a. While rented to you,or temporarily occupied by a. Insurance under this provision is af- forded only unti the 180th day after Includes copyrighted material of Insurance Includes copyrighted material of Insurance GA 233 0917 Services Office,Inc,with ds 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, ises leased to you, subject - to the following additional tions, except such whichever iseadier, to the following additional exclusions: - • operations per • - Waiver Of Subrogation exclusions: formed at the van- 7. g (i) The insurance afforded dors premises in Section IV-Commercial General LtabB- This insurance does not ap- ' the vendor does not connection with the by Conditions,9.Transfer Of Rights Of ply to: apply to: sale of the product; Recovery Against Others To Us is () Any"occurrence"which • 1) "Bodily injury' or • 7) Products which,af- amended by the addition of the following: takes place after you "property damage"• ter distribution or cease to be a tenant in • for which the von sale We waive any right of recovery we may that premises; dor is obligated to by you, have have against any person or organization been labeled or re- pay damages by against whom you have agreed to waive (i) Structural alterations, reason of the as labeled or used as such right Of recovery in a written contract new construction or sumption of liability a container,part or or agreement because of payments we demolition operations ingredient of any in a contract or other thingor sub make for injury or damage arising out of performed by or on be- -, your ongoing operations or"your work' half-of such additional agreement This stance by or for the ' . done under a written contract or agree- insured. exclusion does not vendor,or ment with that person or organization and • apply to liability for included in the"products-completed o er- (b) Lessor Of Leased Equip- damages that the 8) "Bodily injury' or p ment vendor would have "property damage" ations hazard". However,our rights mayin the absence of arising out of the only be waived prior to the"oewrrence" • Any person or organization the contract or sole negligence of giving rise to the injury or damage for from whom you lease agreement; • the vendor for its which we make payment under this Cov- equipment when you and own acts or omis- erage Part The insured must do nothing such person(s)or organize- - • 2) Any express war- sions or those of after a loss to impair our rights.At our re- tion(s)have agreed per Par- ranty unauthorized its employees or • quest,the insured will bring"suit'or trans rah 8.a.1 of this en- by you; ' for those rights to us and help us enforce do p ( ) anyone else acting dorsement to provide insur- on its behalf.How- - those rights.' anee.Such person(s)or or- 3) Any • alphor ever,this exclusion chemical change in 8. Automatic Additional Insured -Sped- ganizatien(s) are insureds -the product made does not apply to: fled Relationships. only with respect to liability Intentionally by the f• or"bodily injury', "property a) The excep- a. The following is added to Section II- damage" or "personal and vendor; tions contained Who Is An Insured: • advertising injury'caused,in 4) Repadraging, ex- in Paragraphs (1) Any person(s)or organization(s) whole or in part, by your capt when un- (c)of (It)Ih s)or e6) described in Paragraph 8.a.2 of, use• ofnan ip, nt leaseon orto packed solely for • dorsement;or ( ) use of equipment leased to the purpose of in • - 'this endorsement(hereinafter re- you by such person(s)or or- spection, demon- peo- fen-ed to as additional insured) ganization(s).A person's or s• whomyou are required to add asstation,n,testing,or b) Such iust q organization's status as an , the substitution of tons, a acust- an additional insured under this additional insured under this • parts under in- • merits,tests or Coverage Part by reason of a endorsement ends when strudions from the servicing as written contract, written agree- their contract or agreement manufacturer, and the vendor has .merit, written permit or written with you for such leased then repackaged in agreed to . authorization. - equipment ends. However, the original con- make or nor • - Only • the following persons or or- - this insurance does not ap- tainer,- molly under- (2) ganizations are additional in- ply to any."occurrence" takes usual sureds under this endorsement, which takes place after the 5) Any failure to make course of __ . . . and insurance coverageprovided _ equipment lease expires... such inspections, . adjustments, tests • business, In to such additional insureds is rim- (c) Vendors . or servicing as the connection as provided herein: vendor has agreed with the distri- (a) Managers Or Lessors Of Any person or organization button or sale (referred to below as ven- to make or normal- Premises dor) with whom you have ly undertakes to ufctsthe prod-. make in the usual • The manager or lessor of a agreed per Paragraph course of -busi- premises leased to you with 8.a.(1) of this endorsement ness,in connection (I) This insurance does not whom• you have agreed per to provide insurance,but on-. with the distribution apply to any Insured • ly with respect to'bodilyin- person or organization: Paragraph 8.a.(1)of this en- or sale of the • dorsementto provide insur- jury" or "property damage" products; 1) From whom you anoe, but only with respect . arising out of'your products" have acquired to liability arising out of the which are distributed or sold 6) Demonstration, in- such products, or ownership, maintenance or in the regular course of the stallation,servicing any ingredient,part Includes copyrighted material of Insurance Includes copyrighted material of Insurance GA 233 0917 Services Office,-Inc.,with is permission. Page 11 of 17 GA 233 0917 Services Office,Inc,with its permission. Page 12 of 17 a • orcontaiher,enter- (e) Mortgagee, Assignee Or in Paragraph 8.a.(1) of this en- tion I--Coverage A-Bodily injury ing Into,accompa- Receiver dorsement;or • . nying or containing And PropertyDamage Liability: such products;or Any person or organization (2) Available under the applicable Paragraphs(3)and(4)of this exclu- with whom you have agreed Limits of Insurance shown in the slon do not apply to tools or equip- 2) When liability in- per Paragraph 8.a.(1)of this Declarations; ment loaned to you,provided they are eluded within the endorsement to provide in- not being time to perform operations 'products- surance, but only with re- whichever is less- at the tine of loss, completed opera- sped to their liability as This endorsement shall not increase bons hazard' has mortgagee,assignee,or re- b. With by this toa the insuranceotho e- the,applicable Limits of Insurance been excluded un- ceiver and arising out of the ment, this section of the endorse- . der this Coverage ownership,'maintenance, or shown in the Declarations. the following additional provi- der respect to use of the premises by you. c. Section IV -Commercial General sions apply: such products. However, this 'insuranceLiability Conditions is amended to (1) The Limits of Insurance shown in does not apply to structural include the following: (d) State Or Governmental the Declarations are replaced by alterations,new construction Agency Or Subdivision Or Automatic Additional Insured Pro- the limits designated in Section Political Subdivision - and demolition operations performed by or-for that per- vision B. Limits Of insurance, 9. Permits Or Authorizations son or organization. Property Damage To Borrowed Relating To Premises This insurance applies only if the Equipment of this endorsement (3) The insurance afforded to addi- 'bodily injury'or'property damage" with respell to coverage provid- Any state or gohemmental tional insureds described in Par- occurs,or the'personal and advertis- ed by this endorsement These agency or subdivision or po- agraph 8.a.(1) of this endorse- ing injury'offense is committed: limits are inclusive of and not in litical subdivision with which re- merit addition to the limits being re- yeu have agreed per Para- (1) During the policy period;and graph 8.a.(1) of this en- Only(a) applies to the extent placed.The Limits of Insurance (2) Subsequent to your execution of shown in Section B. Limits Of dorsement to provide insur- permitted by law;and the written contract or written Insurance,9.Property Damage anon, subject to the follow- ing additional provision: (b) Will not be broader than that agreement,or the issuance of a • To Borrrowed or Equipmentthe most we this ill • which you are required by written permit or written authori- zation, described in Paragraph pay in any one"occurrence"re- withhis insurance pest thepfollowing only the agreement,written contract,written 8.a.(1). gardless of the number of; rasped to the written permit or hazards for which the state written authorization to pro- d. Section IV-Commercial General • (a) Insureds ' • or govemmental agency or vide for such additional in- Liability Conditions is amended as subdivision or political sub- sured;and follows: (b) Brough made or "suits" division has issued a permit brought;or ' or authorization in.conneo- (c) Does not apply to any per- Condition 5. Other Insurance is tion with premises you own, son, organization, vendor, amended to include: • (c) Persons or organizations rent or control and to which state, govemmental agency - making daims or bringing or subdivision orpolitical PrimaryAnd NoncontributoryIn- 'suits". this insurance applies: • subdivision,, specifically surance (2) Deductible Clause (I) The existence, mainte- named as an additional in- - nance,repair,construc- sured under any other provi- This insurance is primary to and will (a) Our obligation to pay dam • - lion,erection or removal sion of, or endorsement not seek contribution from any other ages on your behalf applies of advertising signs, • added to, this Coverage insurance available 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"occurrence lar entrances, coalrovision or endorsement endorsement provided that: which are in excess of the holes, driveways, man- covers the injury or damage (1) The additional insured is a Deductible Amount stated in holes, marquees, hoist for which this insurance ap- Named Insured under such other Section B.Limits Of Insur- (' away openings, side- plies- insurance;and ance,9.Property Damage walk vaults,street ban- To Borrowed Equipment of ners or decorations and b. With respect to the insurance afford- (2) You have agreed in writing In a this endorsement The limits similar exposures;or ed to the additional insureds de contract, agreement, permit or of insurance will not be re- scribed in Paragraph 8.a.(1)of this authorization described in 8.a.(2) duced by the application of (ll) The construction, erec- endorsement,the following is added of thisendorsement that this in- such deductible amount tion or removal of eleva- to Section III-Limits Of Insurance: surance would be primary and tors;or would not seek contribution from (b) Section IV - Commercial The most we will pay on behalf of the General LiabilityCondi- (11)The ownership,mainte- additional insured is the amount of in- any other insurance available to the additional insured. tions, 2. Duties In The mance or use of any el- ,sconce Event Of Occurrence, Of- evators covered by this insurance. (1) Required by the written contract, 9. Property Damage To Borrowed Equip- fence, Claim Or Suit, ap written agreement,written permit ment plies to each daim or"suit' or written authorization described a. The folbwing is added to Exclusion irrespective of the amount. • 2.).Damage To Property under Sec- Incudes copyrighted material of Insurance Includes copyrighted material of Insurance GA 233 0917 Services Office,Inc,with its permission. Page 13 of 17 GA 233 0917 Services Office,Inc.,with its permission. Page 14 of 17 (c) We may pay any part or all 12. Nonowned Aircraft 16. Voluntary Property Damage Coverage (2) Exclusions • of the deductible amount to - effect settlement of any The 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 tification of the action taken, tion I-Coverage A-Bodily Injury Andexcluded by Coverage A-Bodl- you shall promptly reim- Property Damage Liability: Section I-Coverages is amended to include the following: ly Injury And Property Damage Liability,2.Exclusions,except . burse us for such-part of the itY ceP This exclusion does not apply to an air- deductible amount as has craft you do not own,provided that: (1) Insuring Agreement fora.Damage To Property,par been paid by us. agraphs(3),(4),(5)and(6), k. a. The pilot in command holds a current (a) We will pay the cost to re- Damage To Your Product,and 10. Employees As Insureds - Specified effective certificate,issued by a duly pair or replace "property I.Damage To Your Work. • Health Care Services And Good Samar- constituted authority of the United damage"to property of oth- !tan Services States of America or Canada,desig- ers arising out of operations (3) Definitions nating thatperson as a commerdal or • inddental to your business For purposes. of Voluntary Paragraph 2.a.(1}(d) under Section II - when: pry -Who Is An Insured does not apply to: - airline transport pilot Property Damage Coverage only,the following definitions un- a. Your"employees"who provide pro- b. The aircraft is rented with a trained, 1) Damage g is caused by der Section V-Definitions are fessional health care services on your paid crew;and you;or replaced by the following: • behalf ae a duly licensed nurse, C. The aircraft does not transport per- 2) Damage occurs while in emergency medical technician or or cargo for a charge. your possession. 16. "Occurrence"means an in- sons• paramedic in the jurisdiction where an • cident,induding continuous "occurrence"or offense to which this 13. Bodily Injury Redefined At your written request,we or repeated exposure to insurance applies takes place;or will make this payment re- substantia0y the same gen- Section V-Definitions,4."Bodily injury' gardless of whether you are eral 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 an employed or vol- • damage". unteer doctor, providing first aid 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 data"is - be acting within the scope of their guish or mental injury,induding care, to, damaged property of not tangible property, and 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 at any time. pay under Voluntary Prop- indude disappearance, ab- business. 14. Expected Orintended Injury Redefined • erty Damage Coverage,will stractien or theft. P j rY - 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 pected Or Intended Injury under Sec- the damaged property, ex= Coverage • Paragraph a. of Condition 2. Duties Ine, j ry eluding any profit or over- The Event Of Occurrence, Offense, tion I-Coverage A-Bodily Injury And For purposes of the coverage provid- . Claim Or Suit under Section IV-Corn- Property Damage Liability is replaced by heed• ed by Care,Custody Or Control U- mercial General Liability Conditions is - the following: Any payment we make un- ability Coverage in this endorsement replaced by the following: This exclusion does not apply to"bodily der Voluntary Property only: a. You must see to itthat we are notified injury"or"property damage"resulting from Damage Coverage shall not (1) Section I-Coverage A-Bodily the use of reasonable force toprotectper- - be interpreted as an admis- injury as soon as practicable of an"coeur- j ry And Property Damage sons or ro sion of liability by you or by fence"aranoffensewhlchmayresult property. Liability, 2. Exclusions, j. in a claim.To the extent possible,no- us. - Damage To Property,Subpara- tice should include: 15. Former Employees As Insureds It shall be your duty,not our graphs(3),(4)and(5)do not ap- • The following is added to Paragraph 2. - duty,to defend any claim or - ply to'property damage"to the (1) How,when and where the"oc- under Section II-Who Is An Insured: "suit'to which this insurance property of others described currence"or offense took place; - therein. 2. Each of the following is also an in- ' applies. (2) The names and addresses of sured: Na other obligation or Iiabil- (2) It shall be your duty,not our duty, any injured persons and wit- ity to pay sums or performto defend any claim or"suit'to nesses•,and Any of your former"employees',di- which this insurance applies. rectors, managers, members, part- ads or services is covered. (3) The nature and location of any ners or"executive of ricers",including (b) This insurance applies to - No other obligation or liability to irjury or damage arising out of but,not limited to retired,disabled or • "property damage"only it pay sums or perform acts or ser- the"occurrence"or offense.. vices is covered. those on leave of absence,but only The"property. This requirement applies only when for acts within the scope of their em- 1) Pre P damage" e This Paragraph (2) supersedes the"occurrence"or offense is known ployment by you or for duties related takes place in the"cow- 9 Ph to an"authorized representative". to the conduct of your business. erage territory';and any provision in the Coverage Partto the contrary. 2) The"property damage" - occurs during the policy (3) -"Property damage" for which period. • Care,Custody Or Control Lia- bility Coverage provides cover- ' Includes copyrighted material of Insurance Includes copyrighted material of Insurance GA 233"0917 Services Office,Inc,with its permission. Page 15 of 17 GA 233 0917 Services Office,Inc.,with its permission. Page 16 of 17 age shall be deemed to be " (3) The Voluntary Property Dam • - raised by an "occurrence" but age 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 Part. Damage Coverage. This limit applies separately to each"coy- • c. Limits Of Insurance And Deducti- erage term". bles For purposes of the coverage provid- (4) Deductible Clause ed by Voluntary Property Damage (a) Our obligation to pay dam- ' Coverage and Cam, 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 Deductible Amount stated (1) The Limits of Insurance shown in for the applicable coverage • 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. Coverage And.Care, Custody Or Control Liability Coverage, (b) Section IV - Commercial in this endorsement.These limits General Liability Condi- . are Inclusive of,and not in addi- tions, 2. Duties In The tion to,the limits being replaced. Event Of Occurrence,Of- The Limits of Insurance shown in fense, Claim Or Suit, ap- . the Schedule for the most we will plies to each daim or"suit' pay regardless of the number of irrespective of the amount. . (a) Insureds; (c) We may pay any part or all. of the Deductible Amount to (b) Claims made or "suits" effect settlement of any brought;or claim or"suit'and,upon no- • (c) Persons or organizations tification of the action taken, making claims or bringing you shall promptly reim- "suits". burse us for such part of the ' • Deduditie Amount as has • (2) (a) Subject to (3) below, the been paid by us. • Voluntary Propeity Dam- 17. Broadened Contractual Liability• Coverage,Each Occur- - Work rence Limit Of Insurance is Within 50'Of Railroad:Property . the most we will pay for the Section V-Definitions,12."Insured con- sum of damages under Vol- trac"is amended as follays: untary Property .Damage Coverage; a. Paragraph c.is replaced by the fd- (b) The Care,Custody Or Con- Jawing: trol Liability Coverage, c. Any easement or license agree- . Each.Ocaurence Limit Of ment; Insurance is the most we will pay for the sum of damages b. Paragraph f.(1)is deleted in its entire- under Care, Custody Or ty• Control Liability Coverage; 18. Alienated Premises . because of all"property damage" Exclusion 2.J. 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'your work". Includes copyrighted material of Insurance GA 233 0917 Services Office,Inc,with Is permission. Page 17 of 17 • 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 • . tinsel Insured endorsement that in- the additional insureds described In Para- dudes arising out of your ongoing graph B,1„the following additional exclu- • CONTRACTORS ADDITIONAL INSURED-AUTOMATIC STATUS operations or arising out of your s)onsapply: , AND AUTOMATIC WAIVER OF SUBROGATION • work": to: This Insurance does solapply • then the phrase caused,in whole or in WHEN REQUIRED IN WRITTEN CONTRACT,AGREEMENT, part,by In Paragraph A.1,a.and/or Para- a. "Bodily injury',°property damage°or graph A.1.b,above,whichever applies,is - °personal and advertising Injury'ark- PERMIT OR AUTHORIZATIONreplaced by the phrase arising out of Ing out of operations performed for _ •• the federal government,state or mu- - 3. With respect to the Insurance afforded to niclpafty;or This endorsement modifies insurance provided under the following: the additional insureds described In Pam- h. "Bodil graph Al..the following additional exdu- y Injury"or"property damage° • elan applies: - . Included within the °producls- COMMERCIAL GENERAL LIABILITY COVERAGE PART • completed operations hazard.° This Issuance does not apply to"bodily C The Insurance afforded to additional insureds • Injury' property damage"or personal described in Paragraphs A Additional Insured-Owners,Lessees Or cluded in the products-completed and advertlsing•injury'arising out of theA.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 ar law,and Or Agreement With You (1) The Coverage Part to which this surveying services,Including: . endorsement is attached pro- 2. Will not he 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 argan¢ation you within the "products-completed drawings,opinions,reports;surveys, authorization to provide for 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- logs and specifications:or cured on this Coverage Part.Such per- _ (2) The written contract or written '3. Does not apply to any person,organize- son(s)or organization(s)is an additional ' agreement requires you to pro- b. Supervisory,inspection,architectural- tion,stale,govemmental 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- named as an additional Insured for the • a. 'Bodily Injury'.°pro a dame e°or completed operations hazard° This exclusion applies even If the claims • • p g P P 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.hir• dorsement added to this Coverage Part caused,in whole or in part,by the - perfartnance of your ongoing opera- If the written contract or written Ing,employment,training or monitoring of O. Willi respect to ilio insurance afforded to the • lions by you or on your behalf,under agreement requires you to provide others by that insured,If the°occurrence' additional insureds 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- rations hazard"for a specified length caused the"personal and advertising inju- • ty damage'occurring after. of time for that person or organize- ry",involved the rendering of.or the fail- The most we will pay on behalf of the addi- • tion,the"bodily Injury'or"property ure to render,any professional archltec- llonal insured is the amount of Insurance: (1) All work, Including materials, damage°must occur prier to the ex- tura!,engineering or surveying services, • 1. Required by the written contract,written parts or equipment work, in elation of that period of time In order 4. This Paragraph A.does not apply la addi- agreement,written permit. or written au • - connedton with such wmk,on for this insurance to apply. llonal Insureds described In Paragraph B. thar¢ation•described In Paragraphs A: • the project(other than service, If the written canted or written and B.For the Purpose of determiningthe maintenance• or repairs)la beB. Additional Insured-State Or Governmental P p ' performed byor on behalf of the • agreement requires you to provide required amount of Insurance only,we will P Agency Or Subdivision Or Political Suhdi- include the minimum amount of anyUm- additional insureds at the Iota- additional insured coverage for a tion of the covered operations • person or organization per only ISO vision-Automatic Status When Required brella Liability or Excess Liability cover- P - In Written Permits Or Authorizations has been completed;or additional Insured endorsement form age required for that additional insured In number CG 20 10,without specilying •. 1. Section II - Who Is An Insured Is that written contact,written agreement, (2) That portion of your work°out of an edition date,and without spedfi- amended to include as an additional In- written permit or written authorization;or which the injury or damage ads- tally requiring additional insured sued any state or governmental agency 2. Available under the applicable limits clin- es has been put to Its Intended coverage included within the"prod- or subdivision or political subdivision you suance; use by any person or organize- ads-completed operations hazard', have agreed In writing Ina permit or au-. • ' lion other than another contac- this Paragraph b.does not apply to • thorization to add as an additional Insured whichever Is less. • for or subcontractor engaged In that person or organization. - on this Coverage Part Such state organ- performing operations for a pun- 2. If the written contract or written aernmenal agency or subdivision ar polill- This endorsement shall not Increase the appli- clpal as a part of the same pro- agree- cal subdivision Is an additional insured cable limits of insurance. • and ,most described in Paragraph 1.above • ject; specifically requlresryou to provide add)- only with respect to operations performed E...SeNon IV-Commercial General Liability by you or an your behalf for which the b. °Bodly Injury'or"property damage' Lionel insured coverage to that person'or Conditions is amended to add the following: eased,In whole or/n part,6y your organisation: stale or governmental agency or sud work'performed under that written • sion or political subdivision has issued,in Automatic Additional Insured Provision .contact or written agreement and in- a. Arising out of your ongoing opera- writing,a permit or authorization. lions or arising out ofyour work':or • Includes copyrighted material of Insurance Includes ropyrighted material of Insurance GA 472 05 20 Services Office,Inc.,with its permission. Page 1 of 3 GA 472 05 20 Services Office,Inc,wiN its permission. Page 2 of 3 • • . • I • • • • • • • • • • 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 cam- • surance available to the additional In- • milted: . sured. 1. During the policy period;and As used In this endorsement,wrap-up incur- • 2. Subsequent to your execution of the writ- ance means a centralized Insurance program contract tooour encationf er the under which one party has secured either in- ten Issuance of ar written permitagreement,or tor the surance or self-insurance covering some or all • Isouancon,described in Paragraphs au- of the contractors or subcontractors perform- • . and B.and work on one or more specific project(s). • • F. Except when G.below applies,the following is Primary And Noncontributory Insurance When 'added to Section IV•Commercial General Required By Written Contract, Agreement,Permit Or Authorization Liability Conditions,Other Insurance,and' supersedes any provision to the contrary: • •Except when wrap-up insurance applies to the Other Additional Insured Covera- claim or'suit"on behalf of the additional In- Whenge 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 rating Ina contract. • • tions,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 ante 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 on an excess As used in this endorsement,wrap-up Incur • - basis.In such case,this Insurance is also ante means a centafaed Insurance program • excess. under which one party has secured either in- G. The following is added to Section IV-Com- surance or self-Insurance covering some or all • ' mercial General Liability Conditions,Other of the contractors or subcontractors perform- Insurance,and supersedes any provision to ing work on ane or more specific project(s). the contrary: H. Section IV-Commercial General Liability Primary Insurance When Required By Writ- Conditions,'Transfer Of Rights Of Recov.. ten Contract,Agreement,Permit Or Au- ery Against Others To Us is amended by the • thorixation 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- tact,written agreement,written permit or writ- .. sured under such other insurance;and ten authorization.Such waiver by us applies • my to the extent that the insured has waived 2. You have agreed in writing In a contact, Its fight of recovery against such additional In- , agreement, per m i t or authoraallon de- sured prior to loss. • • • Includes copyrighted material of Insurance . GA 472 05 20 Services Office,Inc,with its permission. Page 3 of 3 • Y Y ' • ( . • THIS ENDORSEMENT CHANGES THE POLICY,PLEASE READ IT CAREFULLY: However,any"auto`that Is leased, ' a. Is effective on the date of acquisition hired,rented or borrowed with a driver.. or formation,and is afforded dor 180 • is not a covered"auto". days after such dale; CinciPlus® • . E. Audio,Visual and Data Electronic Equip- b. Does not apply to"bodily injury or . ' • BUSINESS AUTO XC+® mens °property damage"resulting from an •SECTION III-PHYSICAL DAMAGE COV- °accident'that occurred before you • (EXPANDED COVERAGE PLUS) • ERAGE,C.Limit of Insurance is amended acquired or fa mei theoganaation; ENDORSEMENT by adding the f•ollowing: a Does not apply to any newly acquired I. 4. The most we willpayfor all'loss`to Cu. venture formed partorganizationship:that is a Joint • \ die.visual or datlectronic equipment or partnership;and This endorsement modifies Insurance provided by the following: 1 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 oh. would be an Insured under such a • • a. The actual cash value of the dam- policy but for the termination of such a ed or stolen roe as of the lime policy or the exhaustion of such poll- Withrespect to the coverage provided by this endorsement,the provisions of the Coverage Form apply unless g property cys limits of Insurance. modified by this endorsement of the°accident^, • 3. Any of your°employees°while using a b. The cost of repairing or replacing the covered"auto"in your business or your • damaged or stolen property with oily personal affairs,provided you do not own, A. Blanket Waiver of Subrogation • This provision does not apply unless the valid ._ er roe of like kind andquality;or p Y ' 'written contract has ben: property� hire or borrow that"auto". SECTION IV-BUSINESS AUTO CONDI- c $2,500. 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: • 'loss'Is: SECTION II-LIABILITY COVERAGE,A. 2.: Is still in force al the time of "accident' • We waive any right of recovery we may have causing'bodily 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"in a housing,opening .,plementary Payments is amended by: payments we make for 'bodily injury' or or other location that is not normally 1. Replacing the damage'arisingout of the operation D. Employee Hired Auto used bythe'auto"manufacturer for P o $2.000 Limit of Insurance 'property 9' P for bail bonds with$4,000 in(2);and of a covered"auto'when you have assumed 1• Changes In Liability Coverage the installation of such equipment; liability for such°bodily Injury'or'property • 2. Replacing the$250 Limit of Insurance for damage'under an'insured contract",provid• The following Is added to the SECTION II b. Removable from a permanently In- 'reasonable expenses with$500 in(4). ed the"bodily injuy 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 contact`. An'employee°of yours'is an insured° a 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,5,Fellow Employee is modified as under a contract or agreement In that follows: . SECTION IV- 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 In- while performing duties related to the Coverage,1,Who is an Insured is amended surance a is deleted In its entirety and re- .conduct of your business- by adding the following: L Hired Auto-Physical Damage • placed by the following: e Regardless of the provisions of Par- 2. Changes In General Conditions The following are insureds. if hired"autos'are covered'autos'for Liability 9 P 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 ha- . 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. lln: • contract'that requires liability to be b. For Hired Auto Physical Damage ow9 Coverage the following are deemed However,the insurance afforded by this ry basis.an a primary nonconlrihuto- 1. The most we 50 p00 for eos t to any ry basis, la he covered autos you own: provision does not apply underto any subsidiary hired"auto'is$50,0 i or the actual cash (1) Any covered°auto°you lease, that is an"insured" any other au- value or cost to repair er replace,which- • G Additional Insured by Contact hire,rent or barrow,and tomobile liability policy or would be an"in- . ever Is the least,minus a deductible, SECTION II-LIABILITY COVERAGE,A. sured"under such policy but for lermina- • Coverage,1.Who Is an Insured is amended (2) Any covered °auto" hired or tion of such policy or the exhaustion of 2. The deductible will be equal to the largest to include as an insured an or or ani- rented by your°employee"under such policy's limits of insurance. -deductible applicable to any owned"auto' . y person g a contract in that individual . for that coverage,er$1,000,whichever is nation far whom you have insurancenrua valid 2. Any ed byiyou a td over is newly acquired less. written by this p to provide as at- mission.'name,with your per- formed by you and which you main- forded this policy. related while Performing duties Iain majority ownership.The Insurance 3. .Hired Auto-Physial Damage coverage, related to the conduct of your provided by this provision: is excess over any other collecG6le inset- • • This provision is limited to the scope of the business. • ance. vaild written contract. ' Includes copyrighted materialofISO Includes copyrighted material of ISO AA2BB Ofi 20 Properties,Inc.with its permission. Page 1 of 4• AA 286 0620 Properties.Inc.with Its permission. Page 2 of 4 y - y• • • • • • • • . 1 • • 4. Subject to the above limit,deductible,and K. Transportation Expense-Higher Limits 2. SECTION V•DEFINITIONS Is amended P. Unintentional Failure to Disclose Hazards excess provisions we will provide cover- by adding the following,but only for the ' age equal to the broadest coverage a IF SECTION III-PHYSICAL DAMAGE COV- SECTION IV-BUSINESS AUTO CONDI- 0 9 9 PP purposes of this Loan-dr Lease Gap cable to any coveredpolis"auto"you awn In- ERAGE,ons Is Coverage,4.pl Coverage Eaten- ay Coverage: TIONS,B.M represl talion or 2.Conceal- • oared under Ihls polic• y. $tons Is amended by replacing$20 per day ment, Misrepresentation or Fraud is with$50 per day,and$600 maximum with "Total loss°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.Transpor- cost of repairs plus the salvage value ex-• to,provided It results from an"accident"for tafan Expenses. However.A you unintentional seeds the actual cash value.. ly fail to disclose which you are legally liable and as a result of any'hazards existing on the effective dale of 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 concern.The most we will SECTION III-PHYSICAL DAMAGE COV- age under this Coverage Form because of SECTION III'-PHYSICAL DAMAGE COV- pay for any one"accident"Is$3,000. ERAGE,B.Exclusions,3.a.Is 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 Nu- . shown In the Schedule,then that limit replac- However, the mechanical and electrical - No deductible applies to glass damage if the 'II es,and is not added to,the$50,000rmit indi- breakdown portion of this exclusion does not glass Is repaired In a manner acceptable ' cated above and the deductibles shown in the P p le to us SECTION V-In its a IONS, "Bodily d by Schedule are applicable. apply to the accidental discharge of an airbag.' rather than replaced. ry"Is deleted In its entirety and replaced by This coverage for airbags is excess over any l e 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 III PHYSICAL DAMAGE COV- M. Loan or Lease Gap Coverage' SECTION W-BUSINESS AUTO CONDI- disease sustained by a person.Including men- ERAGE is amended by adding the following: tat anguish and death sustained by the same 1. SECTION III - PHYSICAL DAMAGE • Event A.Loss Conditions,,ClaIm2.Duties lit the person that results from such bodily Injury, 1. We will ay 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 penes Incurred by you for the rental of deleted in Its entirety and replaced by the amended by adding the following: Include mental anguish or death that does not an"auto"bemuse of a loss"to a covered- following,but only for private passenger g °auto°.Payment applies In addition to the type'autos'with an original loan or lease, • This condi0an apples only when the°acct• • resull6om bodily injury,sicknessor disease. otherwise applicable amount of each coy- and only In the event of a°total loss"to dent"or loss"isknown to: R. Coverage for Certain Operations In Con- ' • erage you have on a covered."auto".No such a privale'passenger type"auto": 1. You.If you are an Individual: nectton with Railroads. deductible applies to this coverage, a. The most we will pay for°loss°in any. 2. A Panner,if you are a partnership: Wllh respect to the use of a covered`auto`In • 2. We will payonlyfor those expenses in- one°accident"is the greater oh. P operations for or affecting a alroad: carted during the policy period beginning (1)The amount due under the terms 3. An executive officer or Insurance manag- 24 hours after the loss'and ending,re- er,if you are a corporation;or 1. SECTION V-DEFINITIONS,H.°Insured of the lease or loan to which replaced ct°,1.c-is deleted In its entiretyand gardless of the policy's expiration,with your covered private passenger' 4, lI member or manager,if you area lira- b - the lesser of the following number of butby the following: days: type"auto"Is subject, will not lied liabiliy company. Include: a An easement or license agreement; a. The number of days reasonably re- (a) Overdue lease or loan pay- '2. SECTION V-DEFINITIONS,H.°Insured qulred to repair the covered'auto'.If meets , - contact°,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 - • b. 30 days. abnormal wear and lean 3- Our payment Is limited to the lesser of the (c) Security deposits not re- following'amoonLs: funded by the lessor, - in- (d) Costs for extended warren- - , a. Necessary and actual expenses carred;or - ties,Credit Life insurance, , Health,Accident orDisabli- b. $50 per day. lty Insurance purchased 4. This coverage does not apply while there with the loan or lease;and • am 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 Ihis'coveage only that (21 Actual cash value of the stolen mount of your rental reimbursement ex- or damaged property. , • ' penes which Is not already provided far b. An adjustment for depredation and under SECTION Iii-PHYSICAL DAM- - physical condition will be made in de- •AGE COVERAGE, A. Coverage, 4- tng actual cash value at the - •Coverage Extensions. • timeime ofof loss". ' Includes copyrighted material of ISO . Includes copyrighted material of ISO AA 260 06 20 Properties.Inc.,with its permission. Page 3 of 4 AA 266 06 20 Properties,Inc,with its permission. . Page 4 of 4 • .• , I