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2021-106 PO 20220090- USIC Locating Services LLC
• • F/411 • Purchase Order CIi RECORDER Fiscal Year 2022 Page: 1 of: 1 • "IC �,l,rf=i ,�� rti � i 6i� It�1et J[`i t`I 1�i l !��LE I i�3�ltr�k�l B City of Ashland — = ' ATTN:Accounts Payable •20 E. Main Purchase *- Ashland, OR 97520 Order# 20220090 T Phone: 541/552-2010 O Email: payable@ashland.or.us • V H C/O;Ashland Fiber Network E USIC LOCATING SERVICES, LLC 1 90 North Mountain Ave ' N PO BOX 713359 p Ashland, OR 97520 CINCINNATI, OH 45271-3359 Phone: 541/552-2222 R T Fax: 541/552-2436 • =ta1=-=ic1::Ikiltl_la=kFfl24F. _ _ Ma McCla �_-1'�E-=``JTI I Inc � (?_—... _. -.- - •--.�l�li=.-- 1 =�= - — -� _ -= _ 08/11/2021 1652 FOB ASHLAND OR/NET30 Cit Accounts Pa able – — — — —_ MVO= -t_ii'f=1-1 AFN Utility Locating Services • • 1 Provide locating•and marking services for AFN underground 1.0 $20,000.00 $20,000.00 facilities as required by Oregon One Call. Not to exceed $20,000.00 Services Agreement(Less than$25,000,00) Completion date: August 9,2022 Project Account: • • ***************GL SUMMARY**************k 024700-604100 - $20 000.00 • • • • • • • • • • • • • • ,By: Date: 6-115-Z1 • — . Authorized ignature s t-=__= 20 000.00 FORM #3 • CITY OF At i• !;•{; `- r �'I f'i:1l:.ifiii (Nilo O g 0 .SHLAND REQU ISITIOINDate of request: 08/04/2021 Required date for delivery: Vendor Name• LOCATE HOLDINGS INC;,DBA USIC LOCATING SERVICES LLC Address,City,State,Zip 9045 NORTH RiVER ROAD,SUITE 30;INDIANAPOLIS,IN 46240 Contact Name&Telephone Number ANNE BIRD,530.407.5724,AnneBird@usicilc.com • Email address SOURCING METHOD ❑ Exempt from Competitive Bidding 0 Invitation to Bid 0 Emergency ❑ Reason for exemption: Date approved by Council: 0 Form,1113,Written findings and Authorization ❑ AMC 2.50 _(Attach copy of council communication) 0 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: 0 Slate of Oregon ❑ Direct Award __(Attach copy of council communication) Contract 11 ❑ Verbal/Written bids)or proposal(s) 0 Request for Qualifications(Public Works) ❑ State of Washington ' Date approved by Council: Contract# (Attach copy of council communication) 0 Other government agency contract Intermediate Procurement ❑ Sole SourceAgency GOODS&SERVICES 0 Applicable Form(115,6,7 or 8) Contract 11 Greater than$5,000 and less than$100,000 0 Written quote or proposal attached Intergovernmental Agreement IN (3)Written bids&solicitation attached 0 Form 114,Personal Services$5K to$75K Agency PERSONAL SERVICES Date approved by Council: ❑ Annual cost to City does not exceed$25,000. Greater than$5,000 and less than$75,000 Valid until: Date Agreement approved by Legal and approved/signed by ❑ Less than$35,000,by direct appointment 0 Special Procurement City Administrator.AMC 2.50.070(4) ❑ (3)Written proposals&solicitation attached ❑ Form#9,Request for Approval 0 Annual cost to City exceeds$25,000,Council ❑ Form 114,Personal Services$5K to$75K 0 Written quote or proposal attached approval required.(Attach copy of council communication) Date approved by Council: Valid until: (Date) Description of SERVICES Total Cost Provide locating and marking services for AFN underground facilities as required by Oregon One Call.Not to exceed$20,000.00 $ - item# Quantity Unit Description of MATERIALS Unit Price Total Cost ❑. Per attached quote/proposal TOTAL COST Project Number Account Number 0: 2 4 7 0 0.6 0 4 1 0 0 $20,000 Account Number - Account Number - '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,l certify that the City's public contracting requirements have been satisfied. '(Y77'" Employee: 7/177/16e64, Department Head: ' (Equal to or greater than$5,000) Department ManagerlSuperviso •• City Manager: (Equal to or greater than$25,000) Funds appropriated for current fiscal year: ES /NO ...-1....---... _ 1 .-7/ Finance /rector-(Equal to orgreaterthan$5,000) Date Comments: Form 113-Requisition SERVICES AGREEMENT (LESS THAN $25,000) PROVIDER: Locate Holding Inc.;DBA USIC Locating Services LLC CITY OF �S H LAN D PROVIDER'S CONTACT: Anne Bird 20 East Main Street Ashland,Oregon 97520 ADDRESS: 9045 North River Road, Suite 300 Telephone: 541/488-5587 Indianapolis,IN 46240 Fax: 541/488-6006 PHONE: 530-407-5724 EMAIL: AnneBird@usicllc.com This Services Agreement (hereinafter "Agreement") is entered into by and between the City of Ashland, an Oregon municipal corporation (hereinafter "City") and Locate Holdings Inc.; DBA USIC Locating Services LLC,domestic business corporation("hereinafter"Provider"),for providing locating and marking services for AFN underground facilities as required by Oregon One Call. - 1. PROVIDER'S OBLIGATIONS 1.1 Provide locating and marking services for AFN underground facilities as required by Oregon One Call as set forth in the "SUPPORTING DOCUMENTS' 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. 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 Page 1 of 6: Agreement between the City of Ashland and Locate Holding Inc.;DBA USIC Locating Services LLC. • Provider shall supply an endorsement naming the City, its officers, employees and agents as additional insureds by the Effective Date of this Agreement; and • Be evidenced by a certificate or certificates of such insurance approved by the City. 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 employees. 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'source of income, suffer 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 the Providers of the Provider's obligations under this Agreement and Title VI of the Civil Rights Act of 1964 and other federal nondiscrimination laws. 1.6 Living Wage Requirement: If the amount of this Agreement is$21,507.75 or more,Provider is required to comply with Chapter 3.12 of the Ashland Municipal Code by paying a living wage, as 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 to post the notice attached hereto as "Exhibit A"predominantly in areas where it will be seen by all employees. 2. CITY'S OBLIGATIONS 2.1 City shall pay Provider the proposed fees set forth in the Fee Agreement Worksheet attached hereto as "Exhibit A" as full compensation for the Work as specified in the SUPPORTING DOCUMENTS. 2.2 In no event shall Provider's total of all compensation and reimbursement under this Agreement exceed the sum of proposed fees without express, written approval from the City official whose 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 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. 3. GENERAL PROVISIONS 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. Page 2 of 6: Agreement between the City of Ashland and Locate Holding Inc.;DBA USIC Locating Services LLC. 3.3 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 All Work product or documents produced in furtherance of this Agreement belong to the City, and any copyright, patent, trademark proprietary or any other protected intellectual property right shall vest in and is hereby assigned to the City. 3.5 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, whether written or oral. 3.6 This Agreement may be amended only by written instrument executed'with the same formalities as this Agreement. 3.7 The following laws of the State of Oregon are hereby incorporated by reference into this Agreement: ORS 279B.220, 279B.230 and 279B.235. 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 Circuit Court of the State of Oregon for Jackson County unless exclusive jurisdiction is in federal court, in which case exclusive venue shall be in the federal district court for the district of Oregon. Each party expressly waives any and all rights to maintain an action under this Agreement in any other venue, and expressly consents that, upon motion of the other party, any case may be dismissed or its venue transferred, as appropriate, so as to effectuate this choice of venue. 3.8 Provider shall defend, save, hold harmless and indemnify the City and its officers, employees, and 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 officers, employees, contractors, or agents under this Agreement. Subject to the limits of the Oregon Tort Claims Act, the City shall defend, save, indemnify, and hold Provider, it's officers, employees, and agents harmless against any and all claims, suits,actions, losses, damages, and expenses based upon or arising out of damage or injury(including death)to persons or property caused by the negligent acts or omissions of the city or its officers, employees or agents under this Agreement. The City shall not be obligated to indemnify Provider for any damages or expenses incurred as a result of Provider's negligence or willful misconduct. 3.9 Neither party to this Agreement shall hold the other responsible for damages or delay in performance caused by acts of God, strikes,lockouts,accidents,or other events beyond the control of the other or 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 modified to the extent necessary to render it enforceable, preserving to the fullest extent permitted the • intent of Provider and the City set forth in this Agreement. 4. SUPPORTING DOCUMENTS 4.1 The following documents are, by this reference, expressly incorporated in this Agreement, and are collectively referred to in this Agreement as the "SUPPORTING DOCUMENTS:" Page 3 of 6: Agreement between the City of Ashland and Locate Holding Inc.;DBA USIC Locating Services LLC. • • The City's written Request for Quotes—Services dated 06/30/21. •. The P'rovider's complete written Proposal dated July 12,2021. 4.2 This Agreement and the SUPPORTING DOCUMENTS shall be construed to be mutually complimentary and supplementary wherever possible. In the event of a conflict which cannot be so resolved, the provisions of this Agreement itself shall control over any conflicting provisions in any of the SUPPORTING DOCUMENTS. In the event of conflict between provisions of two of the SUPPORTING DOCUMENTS,the several supporting documents shall be given precedence in the order listed in Subsection 4.1. 5. REMEDIES 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: 5.1.1 Termination of this Agreement; 5.1.2 Withholding all monies due for the Work that Provider has failed to deliver within any scheduled completion dates or any Work that have been delivered inadequately or defectively; 5.1.3 Initiation of an action or proceeding for damages, specific performance, or declaratory or injunctive relief; 5.1.4 These remedies are cumulative to the extent the remedies are not inconsistent,and City may pursue any remedy or remedies singly, collectively, successively or in any order whatsoever. 5.2 In no event shall City be liable to Provider for any expenses related to termination of this Agreement 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. 6. TERM AND TERMINATION 6.1 Term 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 force and effect until August 9,2022 with the option to renew the contract for up to two (2)additional years for a maximum term of 3 years.USIC will have the option to submit in writing a price change of a 3%increase for consideration with a renewal option for the second year and the third-year renewals for a maximum of 3 years. 6.2 Termination 6.2.1 The City and Provider may terminate this Agreement by mutual agreement at any time. 6.2.2 The City may, upon not less than thirty (30) days' prior written notice, terminate this Agreement for any reason deemed appropriate in its sole discretion. 6.2.3 Either party may terminate this Agreement, with cause, by not less than fourteen(14) days' prior 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. 7. NOTICE Whenever notice is required or permitted to be given under this Agreement, such notice shall be given in writing to the other party by personal delivery, by sending via a reputable commercial overnight courier, or by mailing using registered or certified United States mail, return receipt requested, postage prepaid, to the address set forth below: If to the City: City of Ashland—Ashland Fiber Network(AFN) Attn: Dan Hendrix, IT Manager Page 4 of 6: Agreement between the City of Ashland and Locate Holding Inc.;DBA USIC Locating Services LLC. • 90 N. Mountain Ave Ashland, Oregon 97520 Phone: (541) 552-2441 With a copy to: City of Ashland—Legal Department 20 E. Main Street • Ashland, OR 97520 Phone: (541)488-5350 • .If to Provider: USIC Locating Services LLC Attn: Anne Bird,Business Development Manager 15500 SW 72nd Ave., Suite 100 Portland, OR 97224 Phone: 503.407.5724 8. WAIVER OF BREACH One or more waivers or failures to object by either party to the other's breach of any provision,term,condition, or covenant contained in this Agreement shall not be construed as a waiver of any subsequent breach,whether or not of the same nature. 9. PROVIDER'S COMPLIANCE WITH TAX LAWS 9.1 Provider represents and warrants to the City that: 9.1:1 Provider shall, throughout the term of this Agreement, including any extensions hereof, comply 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 to Provider; and (iii) Any rules,regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. 9.1.2 Provider, for a period of no fewer than six(6) calendar years preceding the Effective Date of this 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 to Provider; and (iii) Any rules,regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. • 9.2 Provider's failure to comply with the tax laws of the State of Oregon and all applicable tax laws of any political subdivision of the State of Oregon shall constitute a material breach of this Agreement. Further, any violation of Provider's warranty, as set forth in this Article 9, shall constitute a material 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. Page 5 of 6: Agreement between the City of Ashland and Locate Holding Inc.;DBA USIC Locating Services LLC. II 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 forth below. CITY OF ASHD "T" USIC Locating Services LLC (PROVIDER): By: iBy: 64., Signature ignature Tom McBartlett • Darin Stalbaum Printed Name Printed Name VP-Sales IT Manager Title 8-12-2021 8/17/2021 Date Date ®e ' Purchase Order No. (W-9 is to be submitted with this signed Agreement) • Page 6 of 6: Agreement between the City of Ashland and Locate Holding Inc.;DBA USIC Locating Services LLC. CITY OF -ASHLAND REQUEST FOR QUOTATION— GOODS AND MATERIALS INTERMEDIATE PROCUREMENT • Release date: June 30,2021 Requested by: Mary McClary,Administrative Analyst City of Ashland,90 N.Mountain,Ashland, OR 97520 Tel: 541-488-5357,Fax: 541-552-2436, mary.mcclary@ashland.or.us Quotes are due by(time/day/date): 10:00 AM (PST), Wednesday, July 14, 2021 Quotes may be faxed,emailed or hand delivered.Vendors shall submit their quotes on company letterhead. Tnformal email quotes and/or late quotes will not be accepted. Terms or discounts which are conditioned upon payment within a certain time will not be considered for purposes of comparison of quotes. • DESCRIPTION The City of Ashland's Ashland Fiber Network(AFN)is requesting quotes for utility locate and painting/marking services for our underground facilities(fiber and coax) as required by Oregon One Call. • Ashland Fiber Network's(AFN)normal business hours are Monday through Friday 7:00am to 5:00pm not including Saturday, Sunday, or Federal/State holiday. • AFN's after business hours are Monday through Friday 5:00pm to 7:00am • The average number of tickets per month in the past 12 months was 146. • Standard locate requests must be completed within 48 hours as required by One Call • Emergency locate requests must be completed immediately if it is life threatening,gas or electric. • All other emergency locates must be completed preferably ASAP or within 24 hours • Locates will be marked with appropriate orange marking paint for communications, cables or conduits, cable TV, alarm,or signal lines(Example: Aervoe#222 Flo Orange or equivalent) • Fines imposed by the Utility Notification Center for misuse of color locating are the contractor's responsibility • One Call will notify contractor of a locate through their web site reporting software • Contractor is required to report,enter data,and completion information through the One Call software • All locating services will be performed within the Ashland City limits • Contractor is responsible for all equipment and materials to process locates • Contractor will be required to enter a contract with the City and provide a current Certificate of Insurance for General Liability(2M/occurrence), Automobile and Workers' Compensation, including the City of Ashland names as the additional insured. The City's intent is to award a contract for one (1)year with the option to renew the contract for up to 2 additional years for a maximum term of 3 years. Please provide an official quote on your company letterhead,including the following information: • Company contact information(name,title,phone, email, company address • Pricing for non-emergency utility locates • Pricing for emergency utility locates Form#2—Intermediate Procurement,Request for Quotation/Goods&Materials,Page 1 of 2,8/11/2021 �r, • Pricing for after-hours utility locates • Written confirmation of locate and marking service will be completed within the required timeline set • forth by Oregon One Call Due date and time for submitting quotes is loam (PST), Wednesday July 14, 2021. If you have any questions and/or need additional information,please contact Mary at 541-552-2303. Late quotes will not be considered. Thank you. Method of Award: ORS 279B.070 Intermediate Procurements. (4)If a contract is awarded the contracting agency shall award the contract to the offeror whose quote or proposal will best serve the interests of the contracting agency, taking into account price as well as considerations including, but not limited to, experience, expertise,product functionality, suitability for a particular purpose and contractor responsibility under ORS 279B.110. • C:\Users\olsonk\Appbata\Local\Microsoft\Windows\INetCache\Content.Outlook\7STSSZSM\RFQ-utility locate service 06 28 21.docx 2 --;? kiba- .PROTECTING INFRASTRUCTURE July 12, 2021 City of Ashland, AFN Service Center 90 N. Mountain Avenue Ashland, OR 97520 Attn: Mary McClary, Administration Analyst Re: Ashland Fiber Network Utility Locate and Painting/Marking Services - RFQ We are very pleased to have the opportunity to provide a proposal of services to Ashland Fiber Network. We have prepared and attached a very aggressive proposal for your review. In making your decision, we request that you consider the following success factors when outsourcing with USIC: • As America's leading provider of locating services, USIC has earned the reputation for superior quality and performance; • "Safety First" is one of USIC's most important fundamentals, with a focus on new and better ways to be both safe and productive. • We offer the leading-edge locating technology tools and larger coverage.in the industry. • USIC is already visiting 100% of every locate with in the Ashland Fiber Network Footprint and we are very familiar with the work required, due to our previous partnership. We would like to thank you again for the opportunity to submit a proposal of services. We are confident that your Selection Team will look closely at the value USIC offers while significantly reducing the risk to the Ashland Fiber Network infrastructure. Should you have any questions regarding.our proposal submittal, please do not hesitate to contact Anne Bird at (503) 407-5724, or via email at annebird@usicinc.com. We also welcome you to view our website at www.usicllc.com Sincerely, Aare Vaad Anne Bird Business Development Manager C: 503-407-5724 15500 SW 72nd Ave., Suite 100 Portland, OR 97224 USICLLC.COM USICLLC.com I 9045 North River Road,Suite 300 I Indianapolis, IN 46240 usic. • „USIC'PRICING PROPOS, FOR CITYOFASHLA°ND JAFN Pricing Proposal • Per One Call Ticket $13.00 • Project $13.00 Per 1/4 Hour • Watchdog's(Optional) $15.00 Per 1/4 Hour • Business Hour Emergencies $25.00 Flat Fee • After Hour Emergencies $50.00 Flat Fee • Damage Investigation $175.00 Flat Fee Above pricing will have a limit of liability of$3,500 Pricing Definitions Per One Call Ticket—All tickets received from the Oregon One Call. Each ticket granted 30 minutes of locating time. Project Rate—If locating the City of Ashland-AFN utility exceeds thirty minutes,the ticket will then be billed the proposed per 1/4 hour Project Rate starting after the first thirty minutes of locating time. Watch Dog—If City of Ashland-AFN requests that a USIC technician to be onsite to ensure the protection • if the utility during excavation. • Business Hour Emergency Ticket—Any Emergency Tickets that are received between the hours 7:00 A.M- 5:00 P.M,Monday—Friday. This fee is a flat fee and no hourly fees will be charged. After Hour Emergencies — This service will be for After Hour Emergency Tickets that are called in between the hours 5:00 P.M - 7:00 A.M, Monday - Friday and all day Saturday&Sunday including Holidays.The fee is a flat fee and total billed for this type of ticket will only be After Hour Emergencies fee identified above. NOTE: We do not charge for travel time. Damage Investigation—An investigation fee for each investigation and written report thereof, which it provides to the City of Ashland-AFN, unless such report concludes or the parties ultimately agree that the report involves At Fault Damages. • • 9045 North River Road,Suite 300 I Indianapolis, IN 46240 Phone:(317)575-7800 Fax:(317)663-0708 uslc In addition to saving money on locating expense, City of Ashland-AFN will experience the added value of using our Professional Damage Prevention Services. OUR VALUE PROPOSITION INCLUDES: • Basic Economic Value Summary • Risk Management Summary • Advanced Technology Summary • Professional Services Summary • BASIC ECONOMIC VALUE • USIC currently visits every job site already for other utility clients creating economies of scale that cannot be matched internally or by any other vendor. Locating One Utility Start of Day End.of Day Locating Multiple Utilities Start of Day End of Day Drive Time Locate Time RISK MANAGEMENT • USIC investigates every damage occurrence. Reports Upon Request • USIC uses a CDI(Certified Damage Investigator)to investigate and prepare reports. • • Each report includes pre and post dig photos and all pertinent documentation. All reports are prepared electronically and uploaded through wireless technology. • All damage reports made available for use in claims recovery efforts — Damage reports enables you to recover all damage expense from either the locate vendor or from the excavator. 9045 North River Road,Suite 300 I Indianapolis, IN 46240 Phone:(317)575-7800 I Fax:(317)663-0708 • usic, UNC COM ADVANCED TECHNOLOGY • USIC utilizes an in-house proprietary 'real time' ticket management system (TicketPro) that reflects 30 plus years of locating experience.The depth of TicketPro cannot be matched by any 'off the shelf'ticket management system. • USIC technicians work their ticket load in a real time, paperless environment (creating even more labor related efficiencies). • City of Ashland-AFN will have direct, real time access to our ticket management system (Customer Portal). City of Ashland-AFN will have ability to: > View tickets as they come in from the Oregon One Call service"Real-Time" > Quickly identify when ticket is due and if completed,time it was completed and what was located. > Query any ticket by ticket number > View all post locate photo's attributed to that located > Additional information package available upon request. PROFESSIONAL SERVICES • City of Ashland-AFN increases labor support. • City of Ashland-AFN increases labor management in terms of Supervisors, District Managers, Senior Directors and VP of Operations. • Technician support also includes a Claims Manager, a Quality Manager, a HR Specialist and a Key Accounts Manager • Accurate and timely locates to include pre-dig photographs to assist in damage recovery. • USIC uses the latest technology and works 'real time' in a paperless environment to ensure data integrity. • USIC encourages regular performance meetings with City of Ashland-AFN • USIC is engaged nationally in the prominent industry association and legislation(to include the Common Ground Alliance(CGA) and National • Utility Locating Contractors Association (NULCA). We also track and invest in the latest locating technology. • USIC provides all labor and materials to include all after hours emergencies, weekends and holidays.We manage the work,you manage us. • USIC provides City of Ashland-AFN all data and tools necessary to professionally manage their damage prevention program. 9045 North River Road,Suite 300 I Indianapolis, IN 46240 Phone:(317)575-7800 I Fax:(317)663-0708 !�[CCOM - • 1.11SIC* City of Ashland-AFN In partnership with USIC Locating Services, LLC • 9045 North River Road,Suite 300 I Indianapolis,IN 46240 Phone:(317)575-7800 Fax:(317)663-0708 l ® DATE(MM/DDIYYYY) ARD CERTIFICATE OF LIABILITY INSURANCE `� 1/1/2022 8/3/2021 _ 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(les)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 Lockton Companies NAMEACT 1185 Avenue of the Americas,Suite 2010 PHONE FAX New York NY 10036 MA No,Ext): (A/C,No): _ 646-572-7300 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Zurich American Insurance Company 16535 INSURED ONECALL HOLDINGS,INC. INSURER B:Navigators Insurance Company 42307 _ 1378688 USIC,LLC INSURER C: DBA USIC LOCATING SERVICES,LLC INSURER D: 9045 N RIVER ROAD,SUITE 300 INSURER E: INDIANAPOLIS IN 46240 INSURER F: COVERAGES CERTIFICATE NUMBER: 16121309 REVISION NUMBER: XXXXXXX 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 SUER POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY y N GLO 9441413-06 1/1/2021 1/1/2022 EACH OCCURRENCE $ 2,000,000 DAMAGE TO CLAIMS-MADE X OCCUR PREMISES Ea occurrence) $ 1,000,000 X SIR$2,000,000 MED EXP(Any one person) $ XX XXXX PERSONAL&ADV INJURY $ 2,000,000 GENt AGGREGATE LlM1 APPLIES PER: GENERAL AGGREGATE $ 8,000,000 X POLICY X JECT LOC PRODUCTS-COMP/OP AGG $ 8,000,000 OTHER: A AUTOMOBILE LIABILITY y N BAP 9441414-06 1/1/2021 1/1/2022 COMBINED SINGLE LIMIT $ (Ea accident) 5,000,000 X ANY AUTO BODILY INJURY(Per person) $ XXXXQX OWNED SCHEDULED AUTOSBODILY INJURY(Per accident) $ )000000(X HIREDRED ONLY AUTOS NON-OWNED PROPERTY DAMAGE $ ) XXX AUTOS ONLY _ AUTOS ONLY (Per accident) . • $ XXXXXXX B x UMBRELLA LIAB X OCCUR N N NY21EXC740722IV 1/1/2021 1/1/2022 EACH OCCURRENCE $ 10,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 10,000,000 DED X RETENTION$ $0 $ XXXXXXX WORKERS COMPENSATION N X PEATUTE ETER H A AND EMPLOYERS'LIABILITY WC 9441411-06 (( ED) 1/1/2021 1/1/2022 `4 ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N WC 9441412-06(I�ETRO MA WI) 1/1/2021 1/1/2022 E.L.EACH ACCIDENT $ 1,000,000 A OFFICER/MEMBER EXCLUDED? N N/A EXCLUDES TX A (Mandatory In NH) WA,OH,ND,WY STOP GAP E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 • • DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) THIS CERTIFICATE SUPERSEDES ALL PREVIOUSLY ISSUED CERTIFICATES FOR THIS HOLDER,APPLICABLE TO THE CARRIERS LISTED AND THE POLICY TERM(S)REFERENCED. THE CITY OF ASHLAND,OREGON,ITS OFFICERS,AGENTS,AND EMPLOYEES ARE ADDITIONAL INSURED WITH RESPECT TO THE GENERAL AND AUTO LIABILITY COVERAGE,WHICH IS PRIMARY COVERAGE TO THE ADDITIONAL INSURED AND OTHER AVAILABLE INSURANCE WILL BE NON-CONTRIBUTORY AS REQUIRED BY WRITTEN CONTRACT,SUBJECT TO THE TERMS AND CONDITIONS OF THE POLICY. • CERTIFICATE HOLDER CANCELLATION See Attachments 16121309 CITY OF ASHLAND • SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 20 EAST MAIN STREET THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ASHLAND OR 97520 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPR -iriA NE r.r � / ., 1 I r • 1 ©1988-2015 ACORD CORPORATION. I rights reserved. ACORD 25(2016/03) The ACORD name and Togo are registered marks of ACORD Attachment Code:D518826 Certificate ID: 16121309 POLICY NUMBER: GLO 9441413-06 Additional Insured - Automatic - Owners, Lessees Or Contractors POLICY NO: GLO 9441413-06 EFFECTIVE DATE: 1/1/2021 EXPIRATION DATE: 1/1/2022 ADDITIONAL PREMIUM: RETURN PREMIUM: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: ONECALL HOLDINGS,INC.,USIC,LLC, DBA USIC LOCATING SERVICES, LLC Address (including ZIP Code): 9045 N RIVER ROAD, SUITE 300, INDIANAPOLIS,IN 46240 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A.Section II----Who Is An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. Such person or organization is an additional insured only with respect to liability for"bodily injury","property damage"or"personal and advertising injury"caused,in whole or in part,by: 1.Your acts or omissions;or 2.The acts or omissions of those acting on your behalf, in the performance of your ongoing operations or"your work"as included in the"products-completed operations hazard",which is the subject of the written contract or written agreement. However,the insurance afforded to such additional insured: 1.Only applies to the extent permitted by law;and 2.Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds,the following additional exclusion applies: This insurance does not apply to: "Bodily injury", "property damage"or"personal and advertising injury"arising out of the rendering of,or failure to render,any professional architectural,engineering or surveying services including: The preparing,approving or failing to prepare or approve maps,shop drawings,opinions,reports,surveys, field orders,change orders or drawings and specifications;or 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"occurrence"which caused the"bodily injury"or"property damage",or the offense which caused the"personal and advertising injury", involved the rendering of or the failure to-render any professional architectural,engineering or surveying services. C.The following is added to Paragraph 2.Duties In The Event Of Occurrence,Offense,Claim Or Suit of Section IV -Commercial General Liability Conditions: Attachment Code:D518826 Certificate ID: 16121309 • The additional insured must see to it that: 1.We are notified as soon as practicable of an"occurrence"or offense that may result in a claim; 2.We receive written notice of a claim or"suit" as soon as practicable;and 3.A request for defense and indemnity of the claim or"suit"will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the . written contract or written agreement requires that this coverage be primary and non-contributory. D.For the purposes of the coverage provided by this endorsement: 1.The following is added to the Other Insurance Condition of Section IV----Commercial General Liability Conditions: Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: a.The additional insured is a Named Insured under such other insurance;and • b.You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2.The following paragraph is added to Paragraph 4.b.of the Other Insurance Condition of Section IV---- Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance,whether primary,excess,contingent or on any other basis,available to an additional insured,in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same"occurrence",offense,claim or"suit".This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and noncontributory basis. E.This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds,and which endorsement applies specifically to that identified additional insured. F.With respect to the insurance afforded to the additional insureds under this endorsement,the following is added to Section III----Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the written contract or written agreement referenced in Paragraph A.of this endorsement;or 2.Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this policy remain unchanged. U-GL-1175-F CW (4/13) Attachment Code:D517986 Certificate ID: 16121309 Coverage Extension Endorsement Policy No. BAP 9441414-06 Eff. Date of Pol. 1/1/2021 Exp. Date of Pol. 1/1/2022 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Business Auto Coverage Form Motor Carrier Coverage Form A. Amended Who Is An Insured 1. The following is added to the Who Is An Insured Provision in Section II — Covered Autos Liability Coverage: The following are also "insureds": a. Any "employee"of yours is an "insured" while using a covered "auto" you don't own, hire or borrow for acts performed within the scope of employment by you. Any "employee" of yours is also an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your business. b. Anyone volunteering services to you is an "insured" while using a covered "auto" you don't own, hire or borrow to transport your clients or other persons in activities necessary to your business. c. Anyone else who furnishes an "auto" referenced in Paragraphs A.1.a. and A.1.b. in this endorsement. d. Where and to the extent permitted by law, any person(s) or organization(s) where required by written contract or written agreement with you executed prior to any "accident", including those person(s) or organization(s) directing your work pursuant to such written contract or written agreement with you, provided the "accident" arises out of operations governed by such contract or agreement and only up to the limits required in the written contract or written agreement, or the Limits of Insurance shown in the Declarations, whichever is less. 2. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance— Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form: Coverage for any person(s) or organization(s), where required by written contract or written agreement with you executed prior to any "accident", will apply on a primary and non-contributory basis and any insurance maintained by the additional "insured" will apply on an excess basis. However, in no event will this coverage extend beyond the Attachment Code:D517986 Certificate ID: 16121309 • terms and conditions of the Coverage Form. B. Amendment—Supplementary Payments Paragraphs a.(2) and a.(4) of the Coverage Extensions Provision in Section II — Covered Autos Liability Coverage are replaced by the following: (2) Up to $5,000 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. - (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. . Fellow Employee Coverage The Fellow Employee Exclusion contained in Section II — Covered Autos Liability Coverage does not apply. - D. Driver Safety Program Liability and Physical Damage Coverage 1. The following is added to the Racing Exclusion in Section II — Covered Autos Liability Coverage: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. 2. The following is added to Paragraph 2. in the Exclusions of Section III — Physical Damage Coverage of the Business Auto Coverage Form and Paragraph 2.b. in the Exclusions of Section IV— Physical Damage Coverage of the Motor Carrier Coverage Form: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. E. Lease or Loan Gap Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Lease Or Loan Gap Coverage In the event of a total "loss" to a covered "auto", we will pay any unpaid amount due on the lease or loan for a covered "auto", less: a. Any amount paid under the Physical Damage Coverage Section of the Coverage Form; and • b. Any: (1) Overdue lease or loan payments at the time of the "loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor; • (4) Costs for extended warranties, credit life insurance, health, accident or disability insurance purchased with the loan or lease; and (5) Carry-over balances from previous leases or loans. F. Towing and Labor Paragraph A.2. of the Physical Damage Coverage Section is replaced by the following: We will pay up to $75 for towing and labor costs incurred each time a covered "auto" of . the private passenger type isrdisabled. However, the labor must be performed at the place of disablement. G. Extended Glass Coverage Attachment Code:D517986 Certificate ID: 16121309 • The following is added to Paragraph A.3.a. of the Physical Damage Coverage Section: If glass must be replaced, the deductible shown in the Declarations will apply. However, if glass can be repaired and is actually repaired rather than replaced, the deductible will be waived. You have the option of having the glass repaired rather than replaced. H. Hired Auto Physical Damage— Increased Loss of Use Expenses The Coverage Extension for Loss Of Use Expenses in the Physical Damage Coverage Section is replaced by the following: Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or written rental agreement. We will pay for loss of use expenses if caused by: (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto"; (2) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto"; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However, the most we will pay for any expenses for loss of use is $100 per day, to a maximum of$3000. I. Personal Effects Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Personal Effects Coverage a. We will pay up to $750 for "loss" to personal effects which are: (1) Personal property owned by an "insured"; and (2) In or on a covered "auto". b. Subject to Paragraph a. above, the amount to be paid for "loss" to personal effects will be based on the lesser of: (1) The reasonable cost to replace; or (2) The actual cash value. c. The coverage provided in Paragraphs a. and b. above, only applies in the event of a total theft of a covered "auto". No deductible applies to this coverage. However, we will not pay for "loss" to personal effects of any of the following: (1) Accounts, bills, currency, deeds, evidence of debt, money, notes, securities, or commercial paper or other documents of value. (2) Bullion, gold, silver, platinum, or other precious alloys or metals; furs or fur garments; jewelry, watches, precious or semi-precious stones. (3) Paintings, statuary and other.works of art. (4) Contraband or property in the course of illegal transportation or trade. (5) Tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. Any coverage provided by this Provision is excess over any other insurance coverage available for the same "loss": J. Tapes, Records and Discs Coverage 1. The Exclusion in Paragraph B.4.a. of Section III — Physical Damage Coverage in Attachment Code:D517986 Certificate ID: 16121309 the Business Auto Coverage Form and the Exclusion in Paragraph B.2.c. of Section IV Physical Damage Coverage in the Motor Carrier Coverage Form does not apply. , 2. The following is added to Paragraph 1.a. Comprehensive Coverage under the Coverage Provision of the Physical Damage CoverageSection: We will pay for "loss" to tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. We will pay only if the tapes, records, discs or other similar audio, visual or data electronic devices: (a) Are the property of an "insured"; and (b) Are in a covered "auto" at the time of "loss". The most we will pay for such "loss" to tapes, records, discs or other similar devices is $500. The Physical Damage Coverage Deductible Provision does not apply to such "loss". • Airbag Coverage The Exclusion in Paragraph B.3.a. of Section III — Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph B.4.a. of Section IV— Physical Damage Coverage in the Motor Carrier Coverage Form does not apply to the accidental discharge of an airbag. L. Two or More Deductibles The following is added to the Deductible Provision of the Physical Damage Coverage Section: If an accident is covered both by this policy or Coverage Form and by another policy or Coverage Form issued to you by us, the following applies for each covered "auto" on a per vehicle basis: 1. If the deductible on this policy or Coverage Form is the smaller (or smallest) deductible, it will be waived; or 2. If the deductible on this policy or Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. M. Physical Damage— Comprehensive Coverage— Deductible The following is added to the Deductible Provision of the Physical Damage Coverage Section: Regardless of the number of covered "autos"damaged or stolen, the maximum deductible that will be applied to Comprehensive Coverage for all "loss" from any one cause is $5,000 or the deductible shown in the Declarations, whichever is greater. N. Temporary Substitute Autos — Physical. Damage 1. The following is added to Section I — Covered Autos: Temporary Substitute Autos — Physical Damage If Physical Damage Coverage is provided by this Coverage Form on your owned covered "autos", the following types of vehicles are also covered "autos" for Physical Damage Coverage: Any "auto" you do not own when used with the permission of its owner as a temporary substitute for a covered "auto" you do own but is out of service because of its: 1. Breakdown; 2. Repair; 3. Servicing; 4. "Loss"; or Attachment Code:D517986 Certificate ID: 16121309 5. Destruction. 2. The following is added to the Paragraph A. Coverage Provision of the Physical Damage Coverage Section: Temporary Substitute Autos — Physical Damage We will pay the owner for "loss" to the temporary substitute "auto" unless the "loss" results from fraudulent acts or omissions on your part. If we make any payment to the owner, we will obtain the owner's rights against any other party. The deductible for the temporary substitute "auto" will be the same as the deductible for the covered "auto" it replaces. 0. Amended Duties In The Event Of Accident, Claim, Suit Or Loss Paragraph a. of the Duties In The Event Of Accident, Claim, Suit Or Loss Condition is replaced by the following: a. In the event of"accident", claim, "suit" or "loss", you must give us or our authorized representative prompt notice of the "accident", claim, "suit" or "loss". However, these duties only apply when the "accident", claim, "suit" or "loss" is known to you (if you are an individual), a partner (if you are a partnership), a member (if you are a limited liability company) or an executive officer or insurance manager (if you are a corporation). The failure of any agent, servant or employee of the "insured" to notify us of any "accident", claim, "suit" or "loss" shall not invalidate the insurance afforded by this policy. Include, as soon as practicable: (1) How, when and where the "accident" or "loss" occurred and if a claim is made or "suit" is brought, written notice of the claim or "suit" including, but not limited to, the date and details of such claim or "suit"; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. If you report an "accident", claim, "suit" or "loss" to another insurer when you should have reported to us, your failure to report to us will not be seen as a violation of these amended duties provided you give us notice as soon as practicable after the fact of the delay becomes known to you. P. Waiver of Transfer Of Rights Of Recovery Against Others To Us The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: This Condition does not apply to the extent required of you by a written contract, executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by such contract. This waiver only applies to the person or organization designated in the contract. Q. Employee Hired Autos — Physical Damage Paragraph b. of the Other Insurance Condition in the Business Auto Coverage Form and Paragraph f. of the Other Insurance— Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form are replaced by the following: 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 under a written contract or written agreement - entered into by an "employee" or elected or appointed official with your permission while being operated within the course and scope of that "employee's" employment by you or Attachment Code:D517986 Certificate ID: 16121309 that elected or appointed official's duties as respect their obligations to you. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". R. Unintentional Failure to Disclose Hazards The following is added to the Concealment, Misrepresentation Or Fraud Condition: However, we will not deny coverage under this Coverage Form if you unintentionally: (1) Fail to disclose any hazards existing at the inception date of this Coverage Form; or - (2) Make an error, omission, improper description of"autos" or other misstatement of information. You must notify us as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to the acceptance of this policy. S. Hired Auto —World Wide Coverage Paragraph 7a.(5) of the Policy Period, Coverage Territory Condition is replaced by the following: (5) Anywhere in the world if a covered "auto" is leased, hired, rented or borrowed for a period of 60 days or less, T. Bodily Injury Redefined The definition of"bodily injury" in the Definitions Section is replaced by the following: "Bodily injury" means bodily injury, sickness or disease, sustained by a person including' death or mental anguish, resulting from any of these at any time. Mental anguish means any type of mental or emotional illness or disease. U. Expected Or Intended Injury - The Expected Or Intended Injury Exclusion in Paragraph B. Exclusions under Section II — Covered Auto Liability Coverage is replaced by the following: Expected Or Intended Injury ' "Bodily injury" or "property damage" expected or intended 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. V. Physical Damage —Additional Temporary Transportation Expense Coverage Paragraph A.4.a. of Section III — Physical Damage Coverage is replaced by the following: 4. Coverage Extensions a. Transportation Expenses We will pay up to $50 per day to a maximum of$1,000 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless-of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". W. Replacement of a Private Passenger Auto with a Hybrid or Alternative Fuel Source Auto The following is added to Paragraph A. Coverage of the Physical Damage Coverage Section: In the event of a total "loss" to a covered "auto" of the private passenger type that is replaced with a hybrid "auto" or "auto" powered by an alternative fuel source of the Attachment Code:D517986 Certificate ID: 16121309 private passenger'type, we will pay an additional 10% of the cost of the replacement "auto", excluding tax, title, license, other fees and any aftermarket vehicle upgrades, up to a maximum of$2500. The covered "auto" must be replaced by a hybrid "auto" or an "auto" powered by an alternative fuel source within 60 calendar days of the payment of the "loss" and evidenced by a bill of sale or new vehicle lease agreement. To qualify as a hybrid "auto", the "auto" must be powered by a conventional gasoline engine and another source of propulsion power. The other source of propulsion power must be electric, hydrogen, propane, solar or natural gas, either compressed or liquefied. To qualify as an "auto" powered by an alternative fuel source, the "auto" must be powered by a source of propulsion power other than a conventional gasoline engine. An "auto" solely propelled by biofuel, gasoline or diesel fuel or any blend thereof is not an "auto" powered by an alternative fuel source. X. Return of Stolen Automobile The following is added to the Coverage Extension Provision of the Physical Damage Coverage Section: If a covered "auto" is stolen and recovered, we will pay the cost of transport to return the "auto" to you. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. All other terms, conditions, provisions and exclusions of this policy remain the same. U-CA-424-F CW (04-14) Page 6 of 6 l •