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HomeMy WebLinkAbout2021-087 PO 20220070- National Heating & Air Cond., Inc Purchase Order • yoN�;. R � �,�k riftPAvi !J !7�. Fiscal Year 2022 Page: 1 of: 1 I City of Ashland L ATTN:Accounts Payable Purchase L 20 E. Main Order# 20220070 Ashland, OR 97520 T Phone: 541/552-2010 0 Email: payable@ashland.or.us V H C/O Facilities Maintenance Div E NATIONAL HEATING &AIR CONDITIONING, INC l 90 North Mountain Ave N PO BOX 379 p Ashland, OR 97520 n TALENT, OR 97540 Phone: 541/488-5358 •R T Fax: 541/552-2304 __— _ _ David Arnold_ 07/27/2021_ 255 FOB ASHLAND OR Cit Accounts Pa able '�' miy Vii- ffl_t�� 1�=t',� � ----- =1��7-$=�a[�1.,4-eta;L HVAC Services 1 HVAC Services 1.0 $4,995.00 $4,995.00 Goods and Services Agreement(Less than $25,000) Completion date: June 30, 2022 Project Account: *************** GL SUMMARY*************** 088400-602400 $4 995.00 • • Atsgz_ I - I . X, Date: � -�---_ —_ -- Authorized Signature 07/29/202 1ta $4,995.00_ FORM #3 CITY OF A requosi for Purchaz;(4 yew ASHLAND REQUISITION Date of request: 7/9/2021 Required date for delivery: Vendor Name National Heating and Air Conditioning Address,City,State,Zip PO Box 379.Talent,OR 97540 Contact Name&Telephone Number } Natalie Shepard 541-535-4687 officena.nationalheatandair.com I Email address _ SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Reason for exemption: ❑ Invitation to Bid ❑ Form#13,Written findings and Authorization ; I ❑ AMC 2.50 Date approved by Council: ❑ .Written quote or proposal attached ❑ Written quote or proposal attached (Attach copy of council communication) (If council approval required,attach copy of CC) El Small Procurement ❑ Request for Proposal Cooperative Procurement Not exceeding$5,000 Date approved by Council: ❑ State of Oregon ❑ Direct Award _(Attach copy of council communication) Contract# - ❑ Verbal/Written quote(s)or proposal(s) ❑ Request for Qualifications(Public Works) ❑ State of Washington Date approved by Council: Contract# • (Attach copy of council communication) ❑ Other government agency contract Intermediate Procurement ❑ Sole Source Agency GOODS&SERVICES ❑ Applicable Form(#5,6,7 or 8) Contract# Greater than$5.000 and less than$100.000 ❑ Written quote or proposal attached Intergovernmental Agreement ❑ (3)Written quotes and solicitation attached ❑ Form#4,Personal Services>$5K&4751( i Agency PERSONAL SERVICES ❑ Special Procurement ❑ Annual cost to City does not exceed$25,000. Greater than$5,000 and less than$75,000 ❑ Form#9,Request for Approval Agreement approved by Legal and approved/signed by ❑ Direct appointment not to exceed$35,000 ❑ Written quote or proposal attached City Administrator.AMC 2.50.070(4) ❑ (3)Written proposals/written solicitation Date approved by Council: 0 Annual cost to City exceeds$25,000,Council ❑ Form#4,Personal Services>$5K&<$75K Valid until: (Date) approval required.(Attach copy of council communication) Description of SERVICES Total Cost HVAC Services for FY22 $4,995.00 Item# Quantity Unit Description of MATERIALS Unit Price Total Cost I � ❑ Per attached quote/proposal TOTAL COST Project Number ___ Account Number 088400-602400 '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 har ware and software purchases: IT Director Date Support-Yes/No By signing this requisition form,l certify that the City's public cont/cling requ reirients have been satisfied. Employee: — /� ^� Department Head: �"�' V1131262.1 i I ® •qua,o,rgreater than$5,000) Department Manager/Supervisor: CA,Administrator: r�2 0��y Q ^/ (Equal to orgre er a/ 5/J V/L0 Funds appropriated for current fiscal year: YES/NO Deputy Finance Director-(Eq alto orgreaterthan$5,000) 21 Comments: Form#3-Requisition ' I I . GOODS AND SERVICES AGREEMENT(LESS THAN$25,000) PROVIDER: National Heating and Air Conditioning CITY OF PROVIDER'S ASHLAND CONTACT: Natalie Sheperd . i 20 East Main Street Ashland,Oregon 97520 ADDRESS: PO Box 379 Telephone:,541/488-5587 Talent,OR 97540 Fax: 541/488-6006 PHONE: ' '541-535-4687 This Goods and Services Agreement(hereinafter"Agreement") is'entered into by and between the City of Ashland,an Oregon municipal corporation(hereinafter"City")and National Heating and Air Conditioning,(a domestic/foreign business corporation)("hereinafter"Provider"),for HVAC services. 1. PROVIDER'S OBLIGATIONS 1.1 Provide HVAC services for FY22 as set forth in the"SUPPORTINGDOCUMENTS"attached hereto and,by this reference,incorporated herein. Provider expressly acknowledges that time is of the essence of any completion date set forth in the SUPPORTING DOCUMENTS,and that no waiver or extension of such deadline may be authorized except in the same manner as herein provided for authority to exceed the maximum compensation. The services defined and described in the "SUPPORTING DOCUMENTS"shall hereinafter be collectively referred to as"Work." 1.2 Provider shall obtain and maintain during the term of this Agreement and until City's final acceptance of all Work received hereunder,a policy or policies of liability insurance including commercial general liability insurance with a combined single limit,or the equivalent, of not less than$2,000,000(two million dollars)per occurrence for Bodily Injury and Property Damage. 1.2.1 The insurance required in this Article shall include the following coverages: • Comprehensive General or Commercial General Liability, including personal injury, contractual liability,and products/completed operations coverage; and • Automobile Liability. • • Workers'Compensation 1.2.2 Each policy of such insurance shall be on an"occurrence"and not a"claims made"form,and shall: • Name as additional insured "the City of Ashland, Oregon, its officers, agents and employees" with respect to claims arising out of the provision of Work under this Agreement; • Apply to each named and additional named insured as though a separate policy had been issued to each,provided that the policy limits shall not be increased thereby; • Apply as primary coverage for each additional named insured except to the extent that two or more such policies are intended to'"layer" coverage and, taken together, they provide total coverage from the first dollar of liability; • Provider shall immediately notify the City of any change in insurance coverage • Provider shall supply an endorsement naming'the City,its officers,employees and agents • as additional insureds by the Effective Date of this Agreement; and Page 1 of 6: Goods and Services Agreement between the City of Ashland and National Heating and Air Conditioning • Be evidenced by a certificate or certificates of such insurance approved by the City. -- 1.3 1.3 Provider shall, at its own expense, maintain Worker's Compensation insurance in compliance with ORS 656.017,which requires subject employers to provide workers'compensation coverage for all of ) its subject workers. • 1.4 Provider agrees that no person shall,on the grounds of race,color,religion,creed,sex,marital status, familial status or domestic partnership, national origin, age, mental or physical disability, sexual orientation, gender identity or sourceof income, stiffer discrimination in the performance of.this Agreement when employed by Provider: Provider agrees to,comply with all applicable requirements of federal and state civil rights and rehabilitation statutes,rules and regulations. Further,Provider agrees not to discriminate against a disadvantaged business enterprise, minority-owned business,.woman- owned business, a business that a service-disabled veteran owns or an emerging small business enterprise certified under ORS 200.055,in awarding subcontracts as required by ORS 279A.110. 1.5 In all solicitations either by competitive bidding or negotiation made by Provider for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall.be notified by thelProviders of the Provider's obligations under • this Agreement and Title VI of the Civil Rights Act of19 i64 and other federal nondiscrimination laws. 1.6 Living Wage Requirements: If the amount of this Agreement is$22,002.43 or more, Provider is required to comply with Chapter 3.12 of the Ashland Municipal Code by paying a living wage, as I defined in that chapter; to all employees performing Work under this Agreement and to any • Subcontractor who performs 50%or more of the Work under this Agreement. Provider is also required 'r. to post the notice attached hereto.as"Exhibit A"predominantly in areas where it will be seen by all employees. 1 1.7 Assignment: Provider shall not assign this Agreement or subcontract any portion of the Work to be provided hereunder without the prior written consent hof the'City. Any attempted assignment or subcontract without written consent of the City shall be void Provider shall be fully responsible for the i acts or omissions of any assigns or:subcontractors and of all persons employed by them,and the approval by the City of any assignment or subcontract shall not create any.contractual relation between the t assignee or subcontractor and the City. n /, = 2. CITY'S OBLIGATIONS 14 , . • . 2.1 City shall pay Provider the sum '" ' ' _ , : ,ensatioon- h e',te-le as specified in the SUPPORTING DOCUMENTS: 1 22 In no event shall Provider's total of all compensation and reimbursement under this Agreement exceed ithe sum of$5,000.00,five thousand dollars without express,written approval from the City official Ewhose signature appears below,or such official's successor in office. Provider expressly acknowledges that no other person has authority to order or authorize additional Work which would cause this -1 :maximum sum to be exceeded and that any authorization from the responsible official must be in writing. Provider further acknowledges that any Work delivered or expenses incurred without authorization as provided herein is done at Provider's:own risk and as a volunteer without expectation of compensation or reimbursement. 1 Page 2 of 6: Goods and Services Agreement between the City of Ashland and'National Heating and Air Conditioning _ 3. GENERAL PROVISIONS • j 3.1 This is a non-exclusive Agreement City is not obligated to procure any specific amount of Work from Provider and is free to procure similar types of goods and services from other providers in its sole discretion. 3.2 Provider is an independent contractor and not an employee or agent of the City for any purpose. 33 Provider is not entitled to,and expressly waives all claims to City benefits such as health and`disability insurance,paid leave,and retirement 3.4 This Agreement.embodies the full and complete understanding of the parties respecting the subject matter hereof. It supersedes'all prior agreements,negotiations,and representations between the parties, ii whether'written or oral. li 3.5 This Agreement may be amended only by written instrument executed with the same formalities as this Agreement. ii � . 3.6 The following laws of the State of Oregon are hereby incorporated by reference into this Agreement: ORS 279B.220,279B.230 and 279B235. 1 , P, P 3.7 This Agreement shall be governed by the laws of the State of Oregon without regard to conflict of laws :, principles. Exclusive venue for litigation of any action arising under this Agreement shall be in the l Circuit Court of the State of Oregon for Jackson County unless exclusive jurisdiction isin federal court, e district of ex ressl waives any and all rights to maintain an action under thisrty Agreementgin othe vEenue,ch and in pwhichcase exclusive venue shall be in the federal distric any other venue,and; Eexpressly consents that, upon motion of the other party, any case may be dismissed or its venue L transferred,as appropriate,so as to effectuate this choice of venue. r 3.8 Provider shall defend, save, hold harmless and,indemnify the City and its officers, employees and f agents from and against any and all claims, suits, actions, losses, damages, liabilities, costs, and expenses of any nature resulting from, arising out of, Or relating to the activities of Provider or its li officers,employees,contractors,or agents under this Agreement. i ' 3.9 Neither party to this Agreement shall hold the other responsible for damages or delay in performance 1 . caused by acts of God,strikes,lockouts,accidents,or other events beyond the control of the other or r the other's officers,employees or agents. 3.10 If any provision of this Agreement is found by a court of competent jurisdiction to be unenforceable, such provision shall not affect the other provisions,'but such unenforceable provision shall be deemed I modified to the extent necessary to render it enforceable,preserving to the fullest extent permitted the ii intent of Provider and the City set forth"in this Agreement , i a 3.11 Deliveries will beF.0 B destination.Provider shall pay all transportation and handling charges for the I. Goods..Provider.is responsible and liable for loss or damage until final inspection and acceptance of the Goods by the City. Provider remains liable for latentdefects,"fraud,and warranties. • 1 3:12 The City may inspect and test the Goods:The City may reject non conforming Goods and require 1 Provider to correct them without charge or deliver them at a reduced price,as negotiated.If Provider does not cure any defects within a reasonable time, the City may reject the Goods and cancel this Page 3 of 6:.Goods and Services Agreement between the City of Ashland and National Heating and Air Conditioning 1 i i . Agreement in whole or in part.This paragraph does not'(affect or limit the City's rights,including its rights under the Uniform Commercial Code,ORS Chapter 72(UCC). 3.13 Provider represents and warrants that the 'Goods are new, current, and fully warranted by the manufacturer. Delivered Goods will comply with SUPPORTING DOCUMENTS and be free from defects in labor,material and manufacture.Provider shall transfer all warranties to the City. 4. SUPPORTING DOCUMENTS The following documents are, by this reference, expressly incorporated in this Agreement, and are collectively referred to in this Agreement as the"SUPPORTING DOCUMENTS:" The Provider's hourly rate sheet. • The Provider's firm price bids)for each individual project. I! t 5. REMEDIES I i 5.1 In the event Provider is in default of this Agreement, City may,at its option,pursue any or all of the ! remedies available to it under this Agreement and at law or in equity,including,but not limited to: ie 5,l.1 Termination of this Agreement•;i' 5.1,2 Withholding all monies due for.the Work that Provider has failed to deliver within any scheduled iI completion dates or any Work that have been delivered inadequately or defectively; 5.1.3Initiation of an action or proceeding for damages, specific performance, or declaratory or injunctive relief; ,4 .5.1.4 These remedies are cumulative to the extent the remedies are not inconsistent, and City may 4pursue any remedy or remedies singly,collectively,successively or in any order whatsoever. i> V 5.2 In no event shall City be liable to Provider for any expenses related to termination of this Agreement il or for anticipated profits.If previous amounts paid to Provider exceed the amount due,Provider shall pay immediately any excess to City upon written demand provided. li r 6. TERM AND TERNIINATION Li 6.1 Term (I This Agreement shall be effective from the date of execution on behalf of the City as set forth below (the"Effective Date") and shall continue in full farce and effect until June 30,2022,unless sooner • terminated as provided in Subsection 6.2. r 4 6.2 Termination i 62.1 The City and Provider may terminate this Agreement by mutual agreement at any time. r, • 6.2.2 The City may,upon not less than thirty(30)days'l prior written notice,terminate this Agreement t for any reason deemed appropriate in its sole discretion. F partymay not less than fourteen(14)days'prior t 6.2.3 Either ar terminate this Agreement,with cause,by Y i written notice if the cause is not cured within'that fourteen(14)day period after written notice. Such termination is in addition to and not in lieu of any other remedy at law or equity. t 1 7. NOTICE Whenever notice is required or permitted to be given under,this Agreement,such notice shall be given in 11 writing to the other party by personal delivery,by sending via a reputable commercial overnight courier,or ii by mailing using registered or certified United States mail,return receipt requested,postage prepaid,to the i address set forth below: E 1 i If to the City: 1 Page 4 of6: Goods and Services Agreement between the City of Ashland and National Heating and Air Conditioning 1 r City of Ashland Facilities Maintenance Department Attn: David Arnold 20 E.Main Street Ashland,Oregon 97520 Phone:(541)552-2292 With a copy to: City of Ashland—Legal Department 20 E.Main Street i' Ashland,OR 97520 I: Phone:(541)488-5350 y If to Provider: National Heating and Air Conditioning .. P Attn:Natalie Sheperd y 541-535.4687 R I 8. WAIVER OF BREACHI h One or more waivers or failures to object by either party to the other's breach of any provision, term, I:: g 1 condition, or covenant contained in this Agreement shall not be construed as a waiver of any subsequent t 1 breach,whether or not of the same nature. til i , 9. PROVIDER'S COMPLIANCE WITH-TAX JAWS 9.1 Provider represents and warrants to the City that: 1. 9,1.1 Provider shall,throughout the term of this Agreement,including any extensions hereof,comply I with: (i) All tax laws of the State.of Oregon, including but not limited to ORS 305.620 and ORS chapters 316,317,:and 318; l (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable , , . to Provider;and Any (iii) Any rules,regulations,charter provisions,or ordinances that implement or enforce any of the foregoing tax laws or provisions. F i 9.1.2 Provider,for a period of no fewer than six:(6)calendar years preceding the Effective Date of this s Agreement, has faithfully complied with: (i) All tax laws of the State of Oregon,including but not limited to ORS 305.620 and ORS chapters 316,317,and 318; � (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable l to Provider;and (iii) Any foregoing,r regulations, lows or provisions. or ordinances that implement or enforce any of provisions, 92 Provider's failure to comply with the tax laws of the State of Oregon and all applicable tax laws of any i ipolitical subdivision of the State of Oregon shall constitute a material breach of this Agreement. a Further,any violation of Provider's warranty,as set forth in this Article 9,shall constitute a material rt ; breach of this Agreement. Any material breach of this Agreement shall entitle the City to terminate this.Agreement and to seek damages and any other relief available under this Agreement,at law,or in equity i •, Pago 5 of 6: Goods and Services Agreement between the City of Ashland and National Heating and Air-Conditioning I 1I { IN WITNESS WHEREOF the parties have caused this'Agreement to be signed in their respective names by their duly authorized representatives as of the dates set f forth below. CITY OF ASHLAND: National Heating and Air Conditioning (PROVIDE By; c0, 5i By: Signature Scor rt.rua yI Printed Name I cita L `a 0..37-- Printed `s7 — Printed Name Titlerest .(o. . Title Date F7 -2 (W-9 is to be.submitted with this,signed Agreement) Purchase Order No. J i r I' II 1 J / I _ � � _ I ' I Page 6 46: Goods and Services Agreement between the City of Ashland and National Heating and Air Conditioning **N L HEATING TIONING, INC 1006 S. Pacific Hwy. PO Box 379 Talent, 0R 97540 (541)535-4687 Fax:(541)535-5248 www.NationalHeatandAir.com ccb#135158 • r 4/26/2021 City of Ashland Nicole Graham Service Call Pricing t Diagnostic Service Calls —$109 per unit [regular hours] TkiM —$159 per unit [overtime/after hours] 14,*61 After diagnostic, repair costs are quoted 3 � i General Servicing of Equipment—$189 per system [1 heat and 1 cool] Duct Inspections & Repair— [$150 first hour,$150 per hour thereafter prorated] [Plus cost of materials] Time&Material cost—[$150 first hour,$150 per hour thereafter prorated] e [Plus cost of materials] Please let us know if you have any questions.Thank you, I Carl Ost We've been here for over 40 years. We'I1I be here when you need us. AC RD® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) `...-----. I 07/01/2021 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,certainpolicies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s)1 PRODUCER CONTACT Beverly Thomas NAME: Ashland Insurance Inc PHONE (541)857-0679 FAX (541)857-9883 (AIC,No,Extl: (AIC,No): 801 O'Hare Parkway,Ste 101 aL1Ess: bthomas@ashlandinsurance.com I INSURER(S)AFFORDING COVERAGE NAIC# Medford OR 97504 INSURER A: Ohio Security Insurance Co. 24082 INSUREDINSURER B Mutual of Enumclaw 14761 National Heating And Air Conditioning Inc INSURER c: Ohio.Casualty Insurance Co. 24074 PO Box 379INSURER D: SAIF Corporation I INSURER E: 1 Talent OR 97540 INSURER F: I COVERAGES CERTIFICATE NUMBER: 20-21 Master Cert I REVISION NUMBER: THIS IS TO CERTIFY THATTHE 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 ADDL SUBH POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MMIDD/YYYY) (MMIDD!YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 - DAMAGE TO RENTED EXCLUDED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ MED EXP(Any one person) $ 15,000 ?' A Y BKS53761160 10/05/2020 10/05/2021 PERSONAL&ADVINJURY $ 1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: I GENERALAGGREGATE $ � 2,000,000 1 POLICY PRO- 2,000,000 JECTri LOCPRODUCTS-COMP/OPAGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) _ l X ANYAUTO I BODILY INJURY(Per person) $ B OWNED SCHEDULED Y BAP0003295 07/01/2021 07/01/2022 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS - - HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY, AUTOS ONLY (Per accident) - $ UMBRELLA LIAB X OCCUR I IEACH OCCURRENCE $ 1,000,000 C X EXCESS LIAB CLAIMS-MADE Y ES053761160 10/05/2020 10/05/2021 AGGREGATE $ 1,000,000 DED X RETENTION S 10,000 I $ WORKERS COMPENSATION I X PER ETH AND EMPLOYERS'LIABILITY Y/N D ANY PROPRIETOR/PARTNER/EXECUTIVE N N/A 523851 10/01/2020 10/01/2021 ( 50 E.L.EACH ACCIDENT $ 500,000 OFFICER/MEMBER ER EXCLUDED? 0,000 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE S If yes,describe under 500,000 DESCRIPTION OF OPERATIONS below i E.L.DISEASE-POLICY LIMIT $ I ( DESCRIPTION OF OPERATIONS!LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) Certficate holder is included as Additional Insured for General Liability and Auto Liability coverages with written contract.This form is subject to policy terms, conditions and exclusions. t I • CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Ashland ACCORDANCE WITH THE POLICY PROVISIONS. 20 E Main St AUTHORIZED REPRESENTATIVE I ��1 .0 .. I Ashland OR 97520 *',� � s �----^�'� I • ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD I COMMERCIAL GENERAL LIABILITY CG 88 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT PAGE - NON-OWNED AIRCRAFT 2 NON-OWNED WATERCRAFT 2 PROPERTY DAMAGE LIABILITY-ELEVATORS 2 EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS -COVERAGES A AND B. 3 ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 3 PRIMARY AND NON-CONTRIBUTORY- ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR "LIMNS OF INSURANCE" 6 WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED -FELLOW EMPLOYEE EXTENSION -MANAGEMENT EMPLOYEES 6 NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT 7 LIBERALIZATION CLAUSE 7 r. BODILY INJURY REDEFINED 7 EXTENDED PROPERTY DAMAGE 8 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - 8 WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 of 8 With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON-OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, exclusion g.Aircraft, Auto Or Watercraft does not apply•'to an aircraft provided: 1. It is not owned by any insured; 2. It is hired, chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4. It is not being used to carry persons or property for a charge.! However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision. B. NON-OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section I-Coverage A-Bodily Injury And Property Damage Liability, Subparagraph (2) of exclusion g.Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to: • (2) A watercraft you do not own that is: (a) Less than 52 feet long; and (b) Not being used to carry persons or property for a charge. • C. PROPERTY DAMAGE LIABILITY-ELEVATORS 1. Under Paragraph 2. Exclusions of Section I -Coverage A - Bodily Injury And Property Damage Liabil- ity, Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobiles service or repair operations. 2. The following is added to Section IV - Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2. Exclusions of Section I-Coverage A-Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the follow- ing: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to: (i) Premises rented to you for a period of 7 or fewer consecutive days; or (ii) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section ill - Limits of Insurance. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 2 of 8 b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III -Limits Of Insurance. 2. Paragraph 6. under Section III -Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of"property damage" to: a. Any one premise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection sys- tems; or b. Contents that you rent or lease as part of a premise' rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) -Paragraph 9.a. of Definitions is replaced with the following: 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract". E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I -Coverage C-Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS -COVERAGES A AND B 1. Under Supplementary Payments -Coverages A and B, Paragraph 1.b. is replaced by the following: b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Paragraph 1.d. is replaced by the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. G. ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under Section II -Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is arr additional insured but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily injury" or "property damage" occurs, or the "per- sonal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 3 of 8 b. Premises or facilities rented by you or used by you; or c. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1) This insurance does not apply to "bodily injury", ';'property damage", or "personal and ad- vertising injury" arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard". (3) Insurance applies to premises you own, rent, or control but only with respect to the following hazards: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar expo- sures; or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any eleviators covered by this insurance. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and i.. 2. If coverage provided to the additional insured is required by a contract or agreement, the insur- ance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to Paragraph 1.a. above, a person's or organization's status as an additional insured under this endorsement ends when: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other i than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to Paragraph 1.b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 1.c. above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. S The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV -Commercial General Liability Condi- tions. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 4 of 8 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I-Coverage A-Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury" or "property damage" arising from thel sole negligence of the additional insured. b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. c. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the 'occur- rence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering ;of, or the failure to render, any professional architectural, engineering or surveying services. d. "Bodily injury" or"property damage" occurring after: (1) All work, including materials, parts or equipment ;furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered ;operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor • engaged in performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations by.a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is- sued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III -Limits Of Insurance: If coverage provided to the additional insured is required I%y a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. � This endorsement shall not increase the applicable Limits of Insurance shown in the Declaratio ns. • H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as follows; a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 5 of 8 . I b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental,contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the addi- tional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. I. ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result in a claim or"suit" under this insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additioial insured under this endorsement until we receive written notice of a"suit" by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section III - Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS/MALPRA1CTICE WHO IS AN INSURED -FELLOW EMPLOYEE EXTENSION -MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section II-Who Is An Insured is replaced with the following: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co-"employee" while in the course of his or her employ- ment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct sof your business; (b) To the spouse, child, parent, brother or sister of that cI-"employee" or "volunteer worker" as a consequence of Paragraph (1) (a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1) (a) or(b) above; or (d) Arising out of his or her providing or failing to provide plrofessional health care services. However, if you are not in the business of providing professional health care services or providing profes- sional health care personnel to others, or if coverage for providing professional health care ser- vices is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not apply. Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee's" job responsibilities assigned by you, includes the direct supervision of other "employ- ees" of yours. However, none of these "employees" are insureds for "bodily injury" or "personal and ' I I © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 6 of 8 • advertising injury" arising out of their willful conduct, which is,defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury", or(caused in whole or in part by their intoxica- tion by liquor or controlled substances. The coverage provided by provision J. is excess over any other, valid and collectable insurance available to your "employee", K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Section II-Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over!which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; I b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV -Commercial General Liability Conditions, the following is added to Condition 6. Repre- sentations: iy Your failure to disclose all hazards or prior "occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior "occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV -Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: j Knowledge of an "occurrence", offense, claim or "suit" by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section II -Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee". � I N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state. O. BODILY INJURY REDEFINED ' Under Section V -Definitions, Definition 3. is replaced by the following: 3. "Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sick- ness or disease. • © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Officle,Inc.,with its permission. Page 7 of 8 P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intehded from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV - Commercial General Liability Conditions, the following is added to Condition 8. Trans- fer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in th "products-completed operations hazard" provided: 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and 2. The injury or damage occurs subsequent to the execution of the written contract or written agree- ment. w I { e � b i m i II © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 8 of 8 COMMERCIAL AUTO EA 99 11 03 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SPECIAL BUSINESS AUTO ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. The following changes revise SECTION I — COVERED The coverage that applies is the same as the AUTOS coverage provided for the vehicle being replaced. Paragraph C.1. is deleted and replaced with the Physical Damage Coverage is extended to the following: temporary substitute auto for the lesser of the 1. Trailers following number of days: 1. The number of days reasonably required to a. "Trailers" with a load capacity of 2,000 pounds or less designed primarily for travel repair or replace the covered "auto" that is out on public roads;or of service;or b. "Trailers" designed primarily for travel on 2. 30 days. public roads when: The following changes revise SECTION II — LIABILITY (1) Pulled by an owned private passenger COVERAGE auto specifically described in Item The following is added to Paragraph A.1.: Three of the Declarations as a covered d. Blanket Additional Insured auto for Liability Coverage under this Coverage Form; and Any person or organization that you are (2) Not used for business, farming or required to include as an additional insured on this Coverage Form in a written contract ranching purposes. or agreement that is signed and executed Private passenger auto means a motor by you before the"bodily injury"or"property vehicle of the private passenger, station damage" occurs and that is in effect during wagon, pickup or van type designed for use the policy period is an "insured"for Liability on public highways and subject to motor Coverage, but only for damages to which vehicle registration. this insurance applies. The following is added: I A person's or organization's status as an D. Temporary Substitute Autos—Physical Damage additional insured under this endorsement ends when your contract or agreement with If Physical Damage Coverage is provided by this such person or organization ends. Coverage Form, the following types of vehicles are The Limits of Insurance applicable to the also covered "autos" for Physical Damage Additional Insured are those specified in the Coverage: written contract or agreement but not more Any "auto" you do not own while used with the than the Limits of Insurance specified in the permission of its owner as a temporary substitute Declarations of this policy. The Limits of for a covered "auto" you own that is out of service Insurance applicable to the Additional because of its: Insured are inclusive of and not In addition 1. Breakdown; to the Limits of Insurance shown in the 2. Repair; declarations for the Named Insured. 3. Servicing; This Coverage does not apply to lessors of leased"autos". 4. "Loss"; or 5. Destruction. EA 99 11 03 18 Includes copyrighted material of Insurance Services Office,Inc.,with its permission Page 1 of 6 . e. Broadened Named Insured 2. Towing Any business entity newly acquired or We will pay up to $200 for a covered "auto" for formed by you during the policy period towing and labor costs incurred each time the provided you own 51% or more of the covered "auto" is disabled. However, the labor business entity and the business is not Must be performed at the place of disablement. separately insured for Business Auto This coverage is excess over Coverage. Coverage is extended up to a maximum of 180 days following acquisition al any limit shown in the Declarations for or formation of the business entity or until towing and labor costs;and the end of the policy period, whichever b. any other collectible insurance. comes first. This coverage applies only for an "auto" f. Employee Hired Auto covered on this policy for An"employee"of yours is an"insured"while Comprehensive or Specified Causes of operating an "auto" hired or rented under a Loss Coverage; and contract or agreement in that "employee's" d. Collision Coverage. name, with your permission, while performing duties related to the conduct of The following is added to Paragraph A.3 your business. Glass Repair—Waiver of Deductible Paragraphs A.2.a.(2) and A.2.a.(4) are deleted and No deductible will apply to glass breakage if replaced with the following: such glass is repaired in a manner acceptable 2. Coverage Extensions to us rather than replaced. a. Supplementary Payments Paragraph A.4.a.is deleted and replaced with the (2) Up to $5,000 for cost of bail bonds following: (including bonds for related traffic law 4. Coverage Extensions violations) required because of an aL Limited Rental Reimbursement or Travel "accident"we cover.We do not have to Expense furnish these bonds. We will pay up to $75 per day to a (4) All reasonable expenses incurred by maximum of $2,250 for rental the "insured" at our request, including reimbursement expenses for the rental of actual loss of earnings up to$500 a day an "auto" or other transportation expense because of time off from work. incurred by you because of "loss" to a Paragraph B.5. is deleted and replaced with the covered "auto" which is covered by following: Comprehensive, Specified Causes of Loss, or Collision coverage under this policy. No 5. Fellow Employee deductible applies to this coverage. "Bodily Injury"to: (1) We will pay only for those expenses a. Any fellow "employee" of the "insured" incurred as a result of a covered "loss" arising out of and in the course of the fellow occurring during the policy period "employee's" employment or while beginning 24 hours after the "loss" and performing duties related to the conduct of ending, regardless of the policy's your business. This exclusion does not expiration, with the lesser of the apply to an "insured" who occupies a following number of days: position as an officer, manager or supervisor.; or ; (a) The number of days reasonably required to repair or replace the b. The spouse, child, parent, brother or sister covered "auto". If"loss" is caused of that fellow"employee"as a consequence by theft, this number of days is of Paragraph a. above. added to the number of days it The following changes revise SECTION III—PHYSICAL takes to locate the covered "auto" DAMAGE COVERAGE and return it to you; or This coverage applies only for a covered "auto" for (b) 30 days. which Physical Damage Coverage is provided for on (2) Our payment under this Coverage this policy. Extension (4.a.) is limited to the lesser Paragraph A.2. is deleted and replaced with the of the necessary and actual expenses following: incurred or the maximum amount A. COVERAGE shown, $2,250. EA 99 11 03 18 Includes copyrighted material of Insurance Services Office,Inc.,with its permission Page 2 of 6 { • (3) Coverage under this Coverage "loss", and such equipment is Extension (4.a.) does not apply while I designed to be solely operated by there are spare or reserve "autos" use of the power from the "auto's" available to you for your operations. electrical system, in or upon the (4) If a covered "auto" is described or covered"auto". designated as a covered "auto" on (b) We will pay with respect to a endorsement EA 99 01, the coverage covered "auto" described in the provided by this extension is excess I Schedule for "loss" to any over coverage provided by accessories used with the endorsement EA 99 01. { electronic equipment described in The following is added to paragraph A.4. ! Paragraph (1)(a) above. However, this does not include tapes, records c. Tapes, Records and Discs or discs. We will pay for "loss" to tapes, records, (2)Exclusions compact discs, or other similar devices used with audio, visual or data electronic The exclusions that apply to Physical devices. Damage Coverage, except for the exclusion relating to Audio, Visual and (1) We will pay only if the tapes, records, Data Electronic Equipment, also apply compact discs, or other similar devices: toprovided bythis extension. coverage 9 (a) Are your property or that of a family In addition, the following exclusions member;or apply: (b) Are the property of an "employee" We will not pay, under this extension, using a covered "auto" in your for either any electronic equipment or business affairs at the time of the accessories used with such electronic "loss";and equipment that is: (c) Are in a covered "auto" which (a) Necessary for the normal operation sustains other covered "loss" under of the covered "auto" or the Comprehensive or Collision monitoring of the covered "auto's" coverage at the time of the"loss"to operating system;or tapes, records, compact discs, or (b) An integral part of the same unit other similar devices. housing any sound reproducing (2) The most we will pay for "loss" under equipment designed solely for the this Coverage Extension (4.c.)is$200. reproduction of sound if the sound (3) Physical Damage Coverage provisions reproducing equipment is permanently installed in the apply to this coverage, except that any covered "auto"in the opening of the deductible applicable to dash or console normally used by Comprehensive or Collision coverage the manufacturer for the installation does not apply to this Coverage of a radio. Extension (4.c.). d. Audio, Visual and Data Electronic (3) Limit of Insurance Equipment With respect to coverage under this (1) Coverage extension the Limit of Insurance provision of Physical Damage (a) We will pay with respect to a Coverage is replaced by the following: covered "auto" described in the (a) The most we will pay for all"loss"to Schedule for"loss"to any electronic audio, visual or data electronic equipment that receives or equipment and any accessories transmits audio, visual or data used with this equipment as a result signals and that is not designed of any one "accident" is the lesser solely for the reproduction of sound. of: This coverage applies only if the equipment is permanently installed (i) The actual cash value of the in the covered "auto" at the time of damaged or stolen property as the "loss" or the equipment is of the time of the"loss"; removable from a housing unit which is permanently installed in the covered "auto" at the time of the EA 99 11 03 18 Includes copyrighted material of Insurance Services Office,Inc.,with its permission Page 3 of 6 i , (ii) The cost of repairing or g. Camper Bodies replacing the damaged or j In the event of a "loss" to a detached stolen property with other "camper," physical damage coverage will property of like kind and quality; apply as if it were part of the covered "auto" or on which it is rated. (iii)$500. h!. Contents of a Travel Trailer, Camper or (b) An adjustment for depreciation and Motor Home physical condition will be made in When a Travel Trailer, "Camper" or Motor determining actual cash value at Home is a scheduled auto for physical the time of the"loss". damage coverage,we will pay up to$1,000 (c) If a repair or replacement results in for"loss" to personal property belonging to better than like kind or quality, we you or a family member that is within the will not pay for the amount of Travel Trailer, "Camper" or Motor Home. betterment. We will pay up to$250 for"loss"to personal (4) Deductible property belonging to you or a family member that is outside the Travel Trailer, No deductible applies to this coverage. "Camper"or Motor Home. The insurance provided by this extension is (1) We will not pay for"loss"to: excess over any other collectible insurance. (a) Articles carried or held for sale, e. Custom Signs and Decorations i storage or repairs, or for later Physical Damage coverage on a covered delivery;goods kept to show or sell; "auto"may be extended to "loss"to custom or theatrical wardrobes. signs and decorations including custom (b) Business, store of office furniture or murals, paintings or other decals or equipment. graphics. (c) Records or accounts, money, Our limit of liability for loss to custom signs bullion, deeds, contracts, evidences and decorations shall be the least of: of debt,securities,tokens or tickets, (1) Actual cash value of the stolen or stamps in current use or damaged property; manuscripts. (2) Amount necessary to repair or replace (d) Animals, private passenger "autos," the property;or motorcycles, aircrafts, boats or any (3) $500. other motorized vehicles or their equipment, furnishings or f. Personal Effects Coverage appurtenances. (1) Physical Damage Coverage on a (e) Equipment or accessories while covered "auto" may be extended to your Travel Trailer, "Camper" or "loss" to your "personal effects" or, if Motor Home is leased or rented to you are an individual, the "personal any organization or any person effects" of a family member, that are in other than you or a family member. the covered "auto" at the time of the (2) The maximum we will pay for "loss" is "loss". the lesser of: (2) "Personal effects" as used in this (a) The actual cash value of the extension means tangible property that personal property at the time of is worn or by"Personal effects"d d eshe notinnclude "loss"; tools, jewelry, money, securities, radar (b) The cost of repairing the damage; or laser detectors, or tapes, records, or discs or similar audio, visual or data (c) The cost of replacing the damaged i electronic equipment. 1 personal property with other (3) The most we will pay for any one "loss" 1 personal property of like kind, under this coverage extension is$500. I condition, quality and value. No deductible applies to this extension. The insurance provided by this extension is excess over any other collectible insurance. i I I EA 99 11 03 18 Includes copyrighted material of Insurance Services Office,Inc.,with its permission Page 4 of 6 I i I , i. Vacation Expense Allowance If hired "autos" are covered "autos"for Liability We will pay you $50 per day to a maximum Coverage and if Comprehensive, Specified of $500 for extra expenses when a Travel Causes of Loss or Collision Coverages are Trailer, "Camper or Motor Home is a provided under this coverage form for any scheduled auto for physical damage "auto" you own, then the Physical Damage coverage, and the Travel Trailer, "Camper" Coverages provided are extended to "autos" or Motor Home: you hire of like kind and use, subject to the following: (1) Is damaged or destroyed and is uninhabitable;and a. The most we will pay for any one "loss" is While beingused for vacation purposes $50,000 or the actual cash value or the cost (2) P p to repair and replace, whichever is less, within the policy period. minus a deductible; Extra expenses must by supported by b. The deductible will be equal to the largest receipts or other valid evidence. deductible applicable to any owned "auto" The following is added to Paragraph A.: for that coverage; 5. Extra Expense—Broadened Coverage c. Hired Auto Physical Damage coverage is We will pay for the direct expense of returning a excess over any other collectible insurance; stolen covered "auto" to you. We will pay only and for those covered "autos" for which you carry d. Subject to the above limit, deductible and Comprehensive or Specified Causes of Loss excess provisions, we will provide coverage Coverage. This coverage will only apply to equal to the broadest coverage applicable vehicles recovered inside the 48 contiguous to any covered"auto"you own. United States. This coverage does not apply to If a limit for Hired Auto Physical Damage is an"auto"we deem a total"loss", indicated in the Declarations, then that limit 6. Auto Loan/Lease Gap Coverage fireplaces, and is not in addition to, the $50,000 In the event of a covered total "loss" to a limit indicated above. covered "auto" described or designated in the The following is added to Paragraph B.3.a.: Schedule or in the Declarations, we will pay up Airbag Coverage—Accidental Deployment to $2,000 for any unpaid amount due on the However, this exclusion does not I lease or loan for a covered"auto"less: apply to the a. The Amount paid under the Physical !unintended inflation of an airbag if the inflation y its caused by mechanical or electrical Damage Coverage section A.1. of the 'breakdown. policy; and The following is added to Paragraph C.2. b. Any: New Vehicle Replacement Cost (1) Overdue lease/loan payments at the time of the"loss"; If, however, a "loss" occurs to your covered "auto" within 180 days of your purchase of the"auto" and, (2) Financial penalties imposed under a we deem the covered "auto"to be a total"loss"and lease for excessive use,abnormal wear it has not been previously titled under the motor and tear or high mileage; vehicle law of any state,we will pay at your option: (3) Security deposits not returned by the a. the cost to replace the covered "auto" with a Lessor; new"auto"of like make, model and year;or (4) Costs for extended warranties, Credit b. an amount equal to the original purchase price Life Insurance, Health, Accident or ,you paid to acquire the vehicle, including taxes, Disability Insurance purchased with the but excluding any extended warranties and loan or lease; and licensing fees. (5) Carry-over balances from previous This coverage applies only to a covered "auto" of loans or leases. the private passenger, light truck or medium truck 7. Hired Auto Physical Damage Coverage type(20,000 lbs.or less gross vehicle weight). EA 99 11 03 18 Includes copyrighted material of Insurance Services Office,Inc.,with its permission Page 5 of 6 . ' O IV — The followingchanges revise SECTION V — The following changes revise SECTION BUSINESS AUTO CONDITIONS DEFINITIONS The following is added to Paragraph A.2.a.: The following is added: Amended Duties in the Event of an Accident, Q. "Camper" means a portable dwelling unit without Claim, Lawsuit or Loss axles or wheels that has been manufactured for However, this duty is only required when the attachment on the bed of a pickup truck to be used "accident"is known to: for casual travel or camping. (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, if you are a corporation. The following is added to Paragraph A.: I 6. Blanket Waiver of Subrogation I We waive any right of recovery we may have 1. against any person or organization to the extent I required of you by a written contract executed prior to any"accident"because of payments we make for damages under this coverage form. ' The following is added to Paragraph B.2.: Unintentional Failure to Disclose Hazards Any unintentional failure to disclose all exposures or hazards existing as of the effective date of the Business Auto Coverage Form or at any time during the policy period will not invalidate or adversely affect the coverage for such exposure or hazard. However,you must report the undisclosed exposure or hazard to us as soon as reasonably possible ` after its discovery. 1 Paragraph B.5.b. is deleted and replaced with the ' following: a. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow;and ` (2) Any covered "auto" hired or rented by your j "employee" under a contract in that individual ! 1 employee's"name, with your permission, while performing duties related to the conduct of your business. However, any"auto"that is leased, hired, rented or I 11 borrowed with a driver is not a covered "auto". i The following is added to Paragraph B.5. i 'I d. To the extent required by an "insured contract", 1 this insurance is primary on behalf of the additional insured, and any other insurance maintained by the additional insured is excess and not contributory with this insurance. If the "insured contract" does not require this provision, then Paragraph a.above will apply. •EA 99 11 03 18 Includes copyrighted material of Insurance Services Office,Inc.,with its permission Page 6 of 6 I 1