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17-059.00 Strata: On-Call Geotech Engineering • AGREEMENT FOR PROFESSIONAL SERVICES Contract 17-059 STRATA-Geotech Engineering and Material Testing Services for Capital Improvement Projects THIS AGREEMENT is made by and between the City of Spokane Valley,a code City of the State of Washington, hereinafter "City" and STRATA, A Professional Services Corporation, hereinafter "Consultant,"jointly referred to as"Parties." IN CONSIDERATION of the terms and conditions contained herein,the Parties agree as follows: 1. Work to Be Performed. Consultant shall provide all labor, services, and material to satisfactorily complete the Scope of Services,attached as Exhibit A. A.Administration. The City Manager or designee shall administer and be the primary contact for Consultant. Prior to commencement of work, Consultant shall contact the City Manager or designee to review the Scope of Services,schedule,and date of completion. Upon notice from the City Manager or designee, Consultant shall commence work, perform the requested tasks in the Scope of Services,stop work,and promptly cure any failure in performance under this Agreement. B. Representations. City has relied upon the qualifications of Consultant in entering into this Agreement. By execution of this Agreement,Consultant represents it possesses the ability, skill, and resources necessary to perform the work and is familiar with all current laws, rules, and regulations which reasonably relate to the Scope of Services. No substitutions of agreed-upon personnel shall be made without the prior written consent of City. . Consultant represents that the compensation as stated in paragraph 3 is adequate and sufficient for the timely provision of all professional services required to complete the Scope of Services under this Agreement. Consultant shall be responsible for the technical accuracy of its services and documents resulting therefrom,and City shall not be responsible for discovering deficiencies therein. Consultant shall correct such deficiencies without additional compensation except to the extent such action is directly attributable to deficiencies in City-furnished information. C.Standard of Care. Consultant shall exercise the degree of skill and diligence normally employed by professional consultants engaged in the same profession, and performing the same or similar services at the time such services are performed. D. Modifications. City may modify this Agreement and order changes in the work whenever necessary or advisable. Consultant shall accept modifications when ordered in writing by the City Manager or designee, so long as the additional work is within the scope of Consultant's area of practice. Compensation for such modifications or changes shall be as mutually agreed between the Parties. Consultant shall make such revisions in the work as are necessary to correct errors or omissions appearing therein when required to do so by City without additional compensation. 2.Term of Contract. This Agreement shall be in full force and effect upon execution and shall remain in effect until December 31,2017. Agreement for Professional Services(with professional liability coverage) Page 1 of 7 The City may extend the contract for up to three additional one year terms, which will commence on or about January 1 of each year and end on December 31 of that year. The City will give the contractor written notice of its intent to extend the contract at least sixty days before the contract term expires. The total duration of the contract shall not exceed four years. Either Party may terminate this Agreement for material breach after providing the other Party with at least 10 days'prior notice and an opportunity to cure the breach. City may,in addition,terminate this Agreement for any reason by 10 days' written notice to Consultant. In the event of termination without breach, City shall pay Consultant for all work previously authorized and satisfactorily performed prior to the termination date. 3.Compensation. Each item of work under this Agreement shall be provided by task assignment pursuant to the Scope of Services. The hourly and unit rates for each assignment shall be the rates shown in Exhibit B. The amount established for each.assignment shall be the maximum amount payable for that assignment unless modified in writing by the City. The total payable for all task assignments shall be limited to a maximum amount of$40,000.00. Consultant shall not perform any extra,further,or additional services for which it will request additional compensation from City without a prior written agreement for such services and payment therefore. The rates, as shown in Exhibit B shall be subject to amendment each subsequent calendar year upon 30 days' written notice by the Consultant or the City. 4. Payment. Consultant shall be paid monthly upon presentation of an invoice to City. Applications for payment shall be sent to the City Finance Department at the below-stated address. City reserves the right to withhold payment under this Agreement for that portion of the work(if any)which is determined in the reasonable judgment of the City Manager or designee to be noncompliant with the Scope of Services,City standards,City Code,and federal or state standards. 5.Notice. Notices other than applications for payment shall be given in writing as follows: TO THE CITY: TO THE CONSULTANT: James P.Murphy,C.E.O. Name: Christine Bainbridge, City Clerk Name: STRATA Phone: (509)921-1000 Phone: (505)891-1904 Address: 11707 East Sprague Ave., Suite 106 Address: 10020 E.Knox Ave.,Ste 200 Spokane Valley,WA 99206 Spokane Valley, WA 99206 (After September 1,2017: 10210 East Sprague Avenue Spokane Valley, WA 99206) 6.Applicable Laws and Standards. The Parties, in the performance of this Agreement,agree to comply with all applicable federal, state, and local laws and regulations. Consultant warrants that its designs, construction documents,and services shall conform to all federal,state,and local statutes and regulations. 7. Certification Regarding Debarment, Suspension, and Other Responsibility Matters — Primary Covered Transactions. A. By executing this Agreement, the Consultant certifies to the best of its knowledge and belief that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared Agreement for Professional Services(with professional liability coverage) Page 2 of 7 ineligible, or voluntarily excluded from covered transactions by any federal department or agency; 2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public(federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,making false statements,or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph(A)(2)of this certification;and 4. Have not within a three-year period preceding this application/proposal had one or more public transactions(federal, state,or local)terminated for cause or default. B. Where the prospective primary participant is unable to certify to any of the statements in this certification,such prospective participant shall attach an explanation to this Agreement. 8. Relationship of the Parties. It is understood and agreed that Consultant shall be an independent contractor and not the agent or employee of City,that City is interested in only the results to be achieved, and that the right to control the particular manner,method, and means in which the services are performed is solely within the discretion of Consultant. Any and all employees who provide services to City tinder this Agreement shall be deemed employees solely of Consultant. The Consultant shall be solely responsible for the conduct and actions of all its employees under this Agreement and any liability that may attach thereto. 9. Ownership of Documents. All drawings, plans, specifications, and other related documents prepared by Consultant under this Agreement are and shall be the property of City,and may be subject to disclosure pursuant to chapter 42.56 RCW or other applicable public record laws. The written, graphic, mapped, photographic, or visual documents prepared by Consultant under this Agreement shall, unless otherwise provided, be deemed the property of City. City shall be permitted to retain these documents, including reproducible camera-ready originals of reports,reproduction quality mylars of maps,and copies in the form of computer files, for the City's use. City shall have unrestricted authority to publish, disclose,distribute, and otherwise use,in whole or in part,any reports,data,drawings,images,or other material prepared under this Agreement, provided that Consultant shall have no liability for the use of Consultant's work product outside of the scope of its intended purpose. 10.Records. The City or State Auditor or any of their representatives shall have full access to and the right to examine during normal business hours all of Consultant's records with respect to all matters covered in this Agreement. Such representatives shall be permitted to audit, examine, make excerpts or transcripts from such records,and to make audits of all contracts, invoices, materials, payrolls, and record of matters covered by this Agreement for a period of three years from the date final payment is made hereunder. 11.Insurance. Consultant shall procure and maintain for the duration of the Agreement,insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by Consultant,its agents,representatives,employees,or subcontractors. A. Minimum Scope of Insurance. Consultant shall obtain insurance of the types described below: Agreement for Professional Services(with professional liability coverage) Page 3 of 7 1. Automobile liability insurance covering all owned, non-owned, hired, and leased vehicles. Coverage shall be written on Insurance Services Office(ISO)form CA 00 01 or a substitute form providing equivalent liability coverage. 2.Commercial general liability insurance shall be at(east as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises,operations,stop-gap independent contractors and personal injury, and advertising injury. City shall be named as an additional insured under Consultant's commercial general liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO CG 20 26. 3. Workers' compensation coverage as required by the industrial insurance laws of the State of Washington. 4. Professional liability insurance appropriate to Consultant's profession. B. Minimum Amounts of Insurance. Consultant shall maintain the following insurance limits: 1. Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of no less than$1,000,000 per accident. 2. Commercial general liability insurance shall be written with limits no less than $1,000,000 for each occurrence,and$2,000,000 for general aggregate. 3. Professional liability insurance shall be written with limits no less than$1,000,000 per claim and$1,000,000 policy aggregate limit. C.Other Insurance Provisions. The policies are to contain,or be endorsed to contain,the following provisions for automobile liability, professional liability, and commercial general liability insurance: 1. Consultant's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by City shall be in excess of Consultant's insurance and shall not contribute with it. 2.Consultant shall fax or send electronically in.pdf format a copy of insurer's cancellation notice within two business days of receipt by Consultant. 3. If Consultant maintains higher insurance limits than the minimums shown above, City shall be insured for the full available limits of commercial general and excess or umbrella liability maintained by Consultant, irrespective of whether such limits maintained by Consultant are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by Consultant. 4. Failure on the part of Consultant to maintain the insurance as required shall constitute a material breach of the Agreement, upon which the City may, after giving at least five business days' notice to Consultant to correct the breach, immediately terminate the Agreement, or at its sole discretion, procure or renew such insurance and pay any and all Agreement for Professional Services(with professional liability coverage) Page 4 of 7 premiums in connection therewith, with any sums so expended to be repaid to City on demand,or at the sole discretion of the City,offset against funds due Consultant from the City. D.Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.Best rating of not less than A:VII. E. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement, Consultant shall furnish acceptable insurance certificates to the City Clerk at the time Consultant returns the signed Agreement, which shall be Exhibit C. The certificate shall specify all of the parties who are additional insureds, and shall include applicable policy endorsements, and the deduction or retention level. Insuring companies or entities are subject to City acceptance. If requested, complete copies of insurance policies shall be provided to City. Consultant shall be financially responsible for all pertinent deductibles,self-insured retentions,and/or self-insurance. 12. Indemnification and Hold Harmless. Consultant shall, at its sole expense, defend, indemnify, and hold harmless City and its officers,agents,and employees,from any and all claims,actions,suits,liability, loss, costs, attorney's fees, costs of litigation, expenses, injuries, and damages of any nature whatsoever relating to or arising out of the wrongful or negligent acts,errors,or omissions in the services provided by Consultant, Consultant's agents, subcontractors, subconsultants, and employees to the fullest extent permitted by law,subject only to the limitations provided below. Consultant's duty to defend, indemnify, and hold City harmless shall not apply to liability for damages arising out of such services caused by or resulting from the sole negligence of City or City's agents or employees pursuant to RCW 4.24.115. Consultant's duty to defend, indemnify,and hold City harmless against liability for damages arising out of such services caused by the concurrent negligence of(a) City or City's agents or employees, and (b) Consultant, Consultant's agents, subcontractors, subconsultants, and employees shall apply only to the extent of the negligence of Consultant,Consultant's agents,subcontractors,subconsultants,and employees. Consultant's duty to defend, indemnify, and hold City harmless shall include, as to all claims, demands, losses, and liability to which it applies, City's personnel-related costs, reasonable attorneys' fees, the reasonable value of any services rendered by the office of the City Attorney,outside consultant costs,court costs, fees for collection,and all other claim-related expenses. Consultant specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act, Title 51 RCW. These indemnification obligations shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable to or for any third party under workers'compensation acts, disability benefit acts,or other employee benefits acts. Provided, that Consultant's waiver of immunity under this provision extends only to claims against Consultant by City, and does not include, or extend to, any claims by Consultant's employees directly against Consultant. Consultant hereby certifies that this indemnification provision was mutually negotiated. 13.Waiver. No officer,employee,agent,or other individual acting on behalf of either Party has the power, right,or authority to waive any of the conditions or provisions of this Agreement. A waiver in one instance shall not be held to be a waiver of any other subsequent breach or nonperformance. All remedies afforded in this Agreement or by law shall be taken and construed as cumulative and in addition to every other Agreement for Professional Services(with professional liability coverage) Page 5 of 7 remedy provided herein or by law. Failure of either Party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other Party of any provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part thereof. 14. Assignment and Delegation. Neither Party shall assign, transfer, or delegate any or all of the responsibilities of this Agreement or the benefits received hereunder without prior written consent of the other Party. 15. Subcontracts. Except as otherwise provided herein, Consultant shall not enter into subcontracts for any of the work contemplated under this Agreement without obtaining prior written approval of City. 16. Confidentiality. Consultant may, from time-to-time, receive information which is deemed by City to be confidential. Consultant shall not disclose such information without the prior express written consent of City or upon order of a court of competent jurisdiction. 17.Jurisdiction and Venue. This Agreement is entered into in Spokane County, Washington. Disputes between City and Consultant shall be resolved in the Superior Court of the State of Washington in Spokane County. Notwithstanding the foregoing, Consultant agrees that it may, at City's request, be joined as a party in any arbitration proceeding between City and any third party that includes a claim or claims that arise out of, or that are related to Consultant's services under this Agreement. Consultant further agrees that the Arbitrator(s)' decision therein shall be final and binding on Consultant and that judgment may be entered upon it in any court having jurisdiction thereof. 18. Cost and Attorney's Fees. The prevailing party in any litigation or arbitration arising out of this Agreement shall be entitled to its attorney's fees and costs of such litigation(including expert witness fees). 19. Entire Agreement. This written Agreement constitutes the entire and complete agreement between the Parties and supersedes any prior oral or written agreements. This Agreement may not be changed, modified,or altered except in writing signed by the Parties hereto. 20.Anti-kickback. No officer or employee of City,having the power or duty to perform an official act or action related to this Agreement shall have or acquire any interest in this Agreement, or have solicited, accepted,or granted a present or future gift,favor,service,or other thing of value from any person with an interest in this Agreement. 21.Business Registration. Consultant shall register with the City as a business prior to commencement of work under this Agreement if it has not already done so. 22.Severability. If any section,sentence,clause,or phrase of this Agreement should be held to be invalid for any reason by a court of competent jurisdiction,such invalidity shall not affect the validity of any other section,sentence, clause,or phrase of this Agreement. 23.Exhibits. Exhibits attached and incorporated into this Agreement are: A. Scope of Services B. Fee proposal C. Insurance Certificates The Parties have executed this Agreement this LI day of /v, 4, ,201 Agreement for Professional Services(with professional liability coverage) Page 6 of 7 CITY OF SPOKAN V LEY a3#a Mark Calhoun, City Manager By: . ^" ts: Authorized Representative AI : S„� i� _ w,. _ 1.c.,�,� Ili. Christine Bainbri•ge,amity Clerk: ` APP'O lik' - TO FORM: -:' d,j2iet,„ Offic- .i ho Ci Att. , ey • Agreement fqr Professional Services(with professional liability coverage), page 7 of-7 Exhibit A-Scope of Services Contract 17-059 Geotech Engineering and Material Testing Services for Capital Improvement Projects Each item of work under this AGREEMENT will be provided by task assignment. Each assignment's scope of work will be determined by the City with input from the CONSULTANT. The hourly and unit rates for each scope of work will use the negotiated rates shown in Exhibit B.The amount established for each assignment will be the maximum amount payable for that assignment unless modified in writing by the AGENCY. The AGENCY is not obligated to assign any specific number of tasks to the CONSULTANT, and the AGENCY's and CONSULTANT'S obligations hereunder are limited to tasks assigned in writing. Task assignments may include but are not limited to,the following types of work: Geotechical Engineering A. Site Exploration/Evaluation B. Pavement Section Design C. Foundation Design/Evaluation D. Retaining Structures E. Slope Stability Analysis Material Testing Services A. Proctor sampling and testing of existing subgrade soils B. Aggregate sampling and testing C. Compaction testing for subgrade,trench backfilling,crushed surfacing material and Hot Mix Asphalt. D. HMA quality assurance testing including aggregate gradation,oil content and air voids(Va) E. Concrete testing including slump, air entrainment and compression strength testing. Material testing services completed in accordance with the current WSDOT Construction Manual and the WSDOT Standard Specifications as amended by the City of Spokane Valley Standard Specifications. Task assignments may also include traffic control provided by a subconsultant in order to complete the geotechnical and material testing services. Task assignments made by the AGENCY shall be issued in writing by a Formal Task Assignment Document. An assignment shall become effective when a formal Task Assignment Document is signed by the CONSULTANT and the AGENCY, except that emergency actions requiring a 24-hour or less response can be handled by an oral authorization. Such oral authorization shall be followed up with a Formal Task Assignment Document within four working Days,and any billing rates agreed to orally(for individuals, subconsultants, or organizations,or organizations whose rates were not previously established in the AGREEMENT)shall be provisional and subject to final negotiation and acceptance by the AGENCY. DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE The page entitled “Exhibit B – Schedule of Fees” contains confidential cost and rate data and is withheld from public disclosure pursuant to 23 USC 112(2)(E). Prenotification; confidentiality of data. A recipient of funds requesting or using the cost and rate data shall notify any affected firm before such request or use. Such data shall be confidential and shall not be accessible or provided, in whole or in part, to another firm or to any government agency which is not part of the group of agencies sharing cost data under this paragraph, except by written permission of the audited firm. If prohibited by law, such cost and rate data shall not be disclosed under any circumstances. You may petition for a review of our findings pertaining to any redacted or withheld documents pursuant to Spokane Valley Municipal Code (SVMC) 2.75.080; and obtain judicial review pursuant to RCW 42.56.550. TERRA INSURANCE COMPANY Terra Insurance Company (A Risk Retention Group) TERRA Two Fifer Avenue, Suite 100 INSURANCE COMPANYCorte Madera, CA 94925 CERTIFICATE OF INSURANCE DATE 05/02/17 .. . NAME AND ADDRESS OF INSURED Strata, Inc. 10020 l?,.Knox Ave., Ste. 200 Spokane Valley, WA 99206 This certifies that the"claims made"insurance policy(described below by policy number)written on forms in use by the.Company has been issued. This certificate is not a policy or a binder of insurance and is issued as a matter of information only,and confers no rights upon the certificate holder. This certificate does not alter, amend or extend the coverage afforded by this policy. The policy of insurance listed below has 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 policy described herein is subject to all the terms,exclusions and conditions of such policy. Aggregate limits shown may have been reduced by paid claims. TYPE OF INSURANCE Professional Liability POLICY NUMBER, EFFECTIVE DATE EXPIRATION DATE 2.17082 Q1/01/17 12/31/17 Mme LIMITS O1=LIABILITY $1,000,000 EACH CLAIM $1,000,000 ANNUAL AGGREGATE PROJECT PESCRJPTIO(y Geotechnical Fngineeringand Material Testing On-Call Services CANCELLATION: If the,.ciescribed policy is cancelled by the Company before its expiration date, the Company will mail written notice to the certificate hotder thirty x„30)days in advance, or ten (10) days in advance for non-payment of premium. If the descUbed policy is cancelled by the. insurer! IbefPre its expiration date,the Company wilt mail written notice to-the certificate holder within'thirty(30)days of the notice to the Conmapy from the insured,, ISSUING COMPANY: CERTIFICATE HOLDER, TERRA INSURANCE COMPANY City of Spokane Valley (A Risk Retention Group) Attu;Mr. Robert Lochmillcr,P.E. 1 L707 B. SpraguexAve.a Suite 106 Spokantl Valley,WA 99206 bz.#0..rjaattr--- President r4 4fl: STRATA INC NOVIK RAUOFtKilditiNGION Department of Labor&Industries Certificate of Workers' Compensation Coverage February 20, 2017 WA UBI No. 601 187 858 L&I Account ID 564,395-00 Legal Business Name STRATA INC Doing Business As STRATA GEOTECHNICAL ENGRG Workers'Comp Premium Status: Account is current. Estimated Workers Reported Quarter 4 of Year 2016"31 to 50 Workers" (See Description Below) Account Representative Employer Services Help Line, (360)902-4817 Licensed Contractor? No What does "Estimated Workers Reported" mean? Estimated workers reported represents the number of full time position requiring at least 480 hours of work per calendar quarter. A single 480 hour position may be filled by one person, or several part time workers. Industrial Insurance Information Emptoyers report and pay premiums each quarter based on hours of employee work already performed,and are liable for premiums found later to be due. Industrial insurance accounts have no policy periods„ cancellation dates, limitations of coverage orwaiver of subrogation (See RCW 51.12.050 and 51.T6,190). t sJ/secure.iry.wagovivporylDetansniabilitycergncate. `0a a1tige&ANT=564395Q0 • Client#:10148 STRATAiNCDATE(MBO/DDIYlYY) ACORD. CERTIFICATE OF LIABILITY INSURANCE 5/05/2017 1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CON,FERS 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 pollcy(ies)must be endorsed.If SUBROGATION IS W� 3ub ect 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 NAME: Linda Hansen --- Moreton _Moreton 8r Company-Idaho r acr o Ext:208 321.9300 AJC No; 208-321-0101T P.O.Box 19103Q ADDRESS: Ihansen@mor'eton.Com Boise, ID 83719 208 321-9300 INSURER(S)AFFORDING COVERAGE MAIC# INSURERA: Cincinnati Insurance Company 10677 INSURED INSURER 13 Strata,Inc. ,.- _._ ._, .. INSURER C: 10020 E Knox Ave,Ste 200 Spokane Valley,WA 992,06 INSURER o: � _ — _ ------ 1 SURER E I ` INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: o 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. INBr �` 'ADDLSUBR POLICY PO IC'E P LIl11lTS TYPE OF INSURANCE NSR WVDPOLIC`{NUMBER M/DD/YYYY) (MM/DD A X COMMERCIAL GENERAL LIABILITY EPP0432268 15/01/2017 05/01/209qq MMgqOCCURRENCE $1 000,000 IIIPREM CLAIMS-MADE Q OCCUR ISES Ee oau&enceL $500,000 X PD Ded:500 MED EXP(Any one person.) S10 000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES' " PER: X X Form GA233 02/07 GENERAL AGGREGATE $2,000,000 PRO- POLICY1 X�ECT l LOC PRODUCTS-COMP/OP AGG $2,000,000 _ ..-.n OTHER: _ _ $' A�AUTOMOBILELIABILITY EPP0432268 15/01/2017 05/01/2018Eadnt.:NGLELIMIT -- 0,00,000 000 r----,,- A ANY AUTO 000ILY INJURY(Per person) $ , /`--- ALL OWNED. -""SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS �-X NON- EPROP R '0,6,,* _1,X HIRED AUTOS X AUTOS X X Form AA288 01/16 •or accident f A X UMj3REL LA LIAB 1......... OCCUR )EPP0432268 15/01/2017 05/01/2010 EACH OCCURRENCE $5 000 000 EXCESS(-IAB CLAIMS-MADE AGGREGATE $5 000 100 4.—..—...MRETENTIONS 1T WORKERS COMPENSATION Perta a OTH- AND EMPLOYERS'LIABILI[y YIN r u .A ANY PROPRIETOR/PARTNER/EXECUTIVE EPP0432268 15/01/2017 05/01/$018 El,EACH ACCIDENT . $1y0001,00O OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) Washington E.L.DISEASE-EA EMPLOYEE $1L000,000 If yes,describe under DESCRIPTION OF OPERATIONS below Stop Gap - EJ..DISEASE•POLICY LIMIT $1 000,000 ..r .. m . . . .�m..m .. '^ „cam .s .. . ,. : . _ _y, :... ,. .. ..� .. _ .a.l—. DESCRIPTION OF OPEIWTH:VS/LOCATIONS(I/E,Hi LES,(ACOIj,I 101,AU[tIQnal Remarks Sch$dyle,may be attached If more space Is required) gut holder ref;Geotechnical Engineering and Material.Testing for Capital Improvement,Projeets ,,CERTIFICATE HOLDER CANCELLATI9N - , ,. - if SHOULD ANY OP THE ABOVEtEscRIBBp POLICIES BE CANCELLED BEFORE ,f City of Spokane Valley * THE; EXPIRATION DATE THEREOFp- NOTICE WILL BF DELIVERER IN 11707 E Sprague Ave,Suite 106 F ACCORDANCE WITH THEA POLICY PRPVISIQNS. 4 Spokane,WA 99206 ---t AU'F,HORIiED BRESENTATIVE r' — '-` {itifrVT411A -` - _ 01988-2014 ACQRD CORPORATION.All rights,reserved. ACORD 25(2014/01) 1 of 1 The ACORD name and IQgo are registered marks of ACORD ifg497475IMQ961951 .. . RH(VtR THIS ENDORSEMENT CHANGES THE POLICY. PLEASR REAP IT CAREFULLY. CONTRACTORS' COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Endorsement-Table of Contents: Coveraacte: g m.ges I. Employee Benefit Llabfty Coverea .wa,..,, ♦,. ifto*k..... ♦ t ♦ i•ww•...••••.••Y 2 2. lrirtentianal Fallure to Disclose ards t..r.....,. 4r«r..•.kl.•.....e,.as,........<,.t..,,,...... ... ...SSSS•.«..•...r,..7 3. Damage,• to Pr lniSelRernt to Ycrt�e.......,.eV,..»e.....r.....ara«r.......e.....s..•.«t.•n..r.e«..r..........,.,...A ..•.4 a Supplementary lel 1en ry ayme i}s rrron ..r. er. •.rr,.,.,.,rr....•.'i•tet. ea « u ......•..yr,..•a .••c..r.............1444.4.44444•44440444444•4444 .. r» SSSS 9 81 Medical Payments/• .N.t..IV.r.Ves....................tt•.foe,$,...•,ti.f.,t.t,V1.H..1.....t..«,...••.Ott.•,t•ft..Y t4ti..•f«Y..y...........•...a 6. Voluntary Property[y{Damage y(Coverage a.)and Care, Custody or Control Liability�Coverage(Covera e.b.).....t.t....•...rra..•.t..fttr.l.r•„Mr,rf..ret«.t..tY•t1.t•f....t..t.t..rO...f..«rt..*,ti •....•f+••at I� Q7. `1�t80 Day gCoverage ffor r Newly Formed or Acquired Organizations r10 a. eiveICf$UbrO tl n.t..f•a.rr•..e....tt.t.,•.1tt•.f+rr.a.r•.ttf«r.H ttewit.rea•..•..•.t.ftaw Y.+.rf...tt««rrMt.itf••».it.t..Iff...,.,•e •0 9. Automatic Additional Insured- Specified Relationships: ....L., 10 • Managers or Lessors of Premises; • Lessor of Leased Equipment; • Vendors; • State or Political Subdivisions-Permits Relating to Premises; • State or Political Subdivisions-Permits;and • Contractors'Operations 10. Broadened Contractual Liability-Work Within 50'of R,ailroad,Property 14 11. Propetty,Demage to Borrowed F.gt,lpmeat .,f....... .......... ...• 44 ,..r•.ttr.•a..... .. .$+.,•.r.t4. n.rr.•r+..rt+trrtfr..r•.•••• 12. Employees as Insureds -Specified'Health Care Services: 14 • Nurses; • Emergency Medical Technicians;and f(y ��•1yy Paramedics•�.�'yyf2 /'�.pt. �.«'.•��y/q(y+� 't3. Broadened N Ucaa. QureroYb.Y...f•.t•..ftMfs.•'..........a,•.ft..rN9ht H1 •.at.Mf,t.M.trf....$4*WH..•tt..ria(t.•.3t.r.et.f.14 B. Limits of Insurance: The Commercial General Liability Limits of Insurance apply to the insurance provided by this endorse- ment,except.as provided below: 1. Employe&Benefit Liability Coverage Each Employee Limit; $ 1,000,000 Acggregate.Limit: $ 3,000,000 Deductible: .L. 1 Damage to,.Premises Rented to You The lesser of: a. The,Each Occurrence Limit shown in the Declarations;or b. $500,000 unless otherwise stated Supplementary Payments • . a, Bail bonds: 'l,000 p. Loss of earnings; $ 350 Medical Payments Medical Expense Limit: $ 10,000 Includes copyrighted material of Insurance GA 233 02 07 Services Office,Inc.,with its permission. Page 1 of 15 6. Voluntary Property Damage (Coverage a,)and Care, Custody or Control Liability Coverage (Coverage b.) Limits of Insurance(Each Occurrence) Coverage a.$1,000 Coverage b.$5,000 unless otherwise stated $ . Deductibles(Each Occurrence) Coverage a.$250 Coverage b.$250 unless otherwise stated $ COVERAGE PREMIUM BASIS RATE ADVANCE PREMIUM (a Area (For Limits in Excess of (For Limits in Excess of (b Payroll $5,000) $5,000) C; Gross Sales d Units aOther b. Care, Custody or Control • A A A PREMIUtYI . If. Property Damage to Borrowed Equipment Each Occurrence Limit $ 10,000 Deductible: `$ 250 C, Coverages; have used up the ap- plicable limit of insur- 1. Employee-Benefit Liability Coverage ance in the payment of ar The following is added to SECTION I judgments or settle- - COVERAGES: Employee Benefit merits. Liability Coverage, Na,other obligation or Habil- (1) Insuring Agreement ity to pay sums or perform acts or services is covered (a) We will pay those sums that unless explicitly provided for the insured becomes leg* under Supplementary Pay- obligated to pay as dam- ments. ages caused by any act, er- ror or omission of the in- „(b) This insurance applies to sured, or of any other per- damages only if the act, er son for whose acts the in- ror or omission, is negli- sured, is legally liable, to pa's' committed in the which this insurance ap- „administration of your plies. We will have the right employee benefit pro- and duty to defend the in- gram"; and sured against any suit;' I) Occurs during the poi., seeking those damages. icy period;or However, we wit(, have no duty to defend against any -2r Occurredriorg to the "quit" seeking damages to effective data of this which this insurance does endorsement provided;, not bppl . We may, at our discretion, 4nvettigate any 1) You did, not have report of' an act, error or knowledge of a omission anti settler any claim or” 'suit" on claim 4r "suit„' that may res or before the ef- suit. But: fective date of this endorsement. 1 The amount we will pay for damages is limited You wilt be as descrii ec in SEC, deemed to have TION "1-IMitTS OF knowledge of a INS NCE;and claim or "suit" when any Our right and duty to "authorized repro- defend ends when we sentative"; includes copyrighted material of Insurancse GA 233•Q2 07' Services Office,Inc.,with its permission. Page 2 of 15 i) Reports all, or formance of investment any part,of the vehicles;or act, error or omission to us 3) Advice given to any or any other person with respect to insurer; that person's decision to participate or not to Ii) Receives a participate in any plan written or ver- included in the 'em- bal demand or ployee benefit pro- claim for dam- gram", ages because of the act, er- (f) Workers' Compensation ror or auris and Similar Laws sion; and Any claim arising out of b) There is no other your failure to comply with applicable insur- the mandatory provisions of ance. any workers'compensation, unemployment compensa- (2) Exclusions tion insurance, social secu- rityThis insurance does nota I or disability benefits law apply or any similar law. to: (a) Bodily Injury, Property (g) ERISA Damage or Personal and Damages for which any in- Advertising Injury sured is liable because of injury", "property liability imposed on a fiduci- "Bodily 1 rY P P y ary by the Employee Re- damage" or "personal and tirement Income Security advertising injury". Act of 1974, as now or (b) Dishonest, Fraudulent, hereafter amended, or by Criminal or Malicious Act any similar federal, state or local laws. Damages arising out of any intentional, dishonest, (h) Available Benefits fraudulent, criminal or mall- Any claim for benefits to the cious act, error or omission, extent that such benefits committed by any insured, are available, with reason- including the willful or reck- able effort and cooperation less violation of any statute, of the insured, from the ap- (c) Failure to Perform a Con- plicable funds accrued or tract other collectible insurance. Damages arising out of fail (i) Taxes, Fines or Penalties ure of performance of con- Taxes, fines or penalties, tract by any insurer. including those imposed (d) Insufficiency of Funds under the Internal Revenue Code or any similar state or Damages arising out of an local law. insufficiency of funds to meet any obligations under 0) Employment-Related any plan included in the Practices "employee benefit pro- Any liability arising out of gram". any: (e) Inadequacy of Perform- (1) Refusal to employ; ance of Investment / Ad- vice Given With Respect (2) Termination of em- to Participation ployment; Any claim based upon: (3) Coercion, demotion, reassign- 1) Failure of anyinvest- evaluation,merit, discipline, defa- ment to perform; mation, harassment, 2) Errors in providing in- humiliation, discrimina, formation on past per- tion or other employ- Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 3 of 15 ment-related practices, (e) A trust, you are an insured. acts or omissions;or Your trustees are also in- sureds, but only with re- (4) Consequential liabilityspect to their duties as as a result of(1), (2) or trustees. (3)above. This exclusion applies (2) Each of the following is also an PP insured: whether the insured may be held liable as an employer (a) Each of your "employees" or in any other capacity and who is or was authorized to to any obligation to share administer your "employee damages with or repay benefit program". someone else who must lay damages because of (b) Any persons, organizations ;he injury, or "employees" having proper temporary authori- (3) Supplementary Payments zation to administer your SECTION I - COVERAGES, "employee benefit program" if you die, but only until your SUPPLEMENTARY PAY- legal representative is ap- MENTS COVERAGES A AND pointed. B also apply to this Coverage, b, Who is an Insured (c) Your legal representative if you die, but only with re- As respects Employee Benefit Liabil spect to duties as such. ity Coverage, SECTION II - WHO IS That representative will AN INSURED is deleted in its en have all your rights and du- tirety and replaced-by the following: ties under this Coverage Part. (1) If you are designated in the Declarations as: (3) Any organization you newly ac- quire or form, other than a part- (a) An individual, you and your nership, joint venture or limited spouse are insureds, but liability company, and over only with respect to the which you maintain ownership conduct of a business of or majority interest, will qualify which you are the sole as a Named insured if no other owner. similar insurance applies to that organization. However, cover- (b) A partnership or joint yen- age under this provision: ture, you are an insured. Your members, your part- (a) Is afforded only until the ners, and their spouses are 180th day after you acquire also insureds but only with or form the organization or respect to the conduct of the end of the policy period, your business, whichever is earlier;and (c) A limited liability company, (b) Does not apple to any act, you are an insured. Your error or omission that was members are also insureds, committed before you ac- but only with respect to the quired or formed the or- conduct of your business. ganization. Your managers are in- sureds, but only with re- c. Limits of Insurance spect to their duties as your As respects Employee Benefit Liabil- managers. ity Coverage, SECTION III - LiMITS (d) An organization other than OF INSURANCE is deleted in its en- a partnership, joint venture tirety and replaced by the following: or limited liability company, (1) The Limits of Insurance shown you are an insured. Your in Section B. Limits of Insur- executive officers" and di- ance, 1. Employee Benefit Li- rectors are insureds, but ability Coverage and the rules only with respect to their below fix the most we will pay duties as your officers or di- regardless of the number of: rectors. Your stockholders are also insureds, but only (a) Insureds; with respect to their liability as stockholders. Includes copyrighted material of Insurance GA 233 02 07 Services Office,Inc.,with its permission. Page 4 of 15 (b) Claims made or "suits" (b) The deductible amount brought; stated in the Declarations (c) Persons or organizations applies to all damages g sustained by any one "em- making claims or bringing ployee", including such "suits"; "employee's" dependents (d) Acts,errors or omissions;or and beneficiaries, because of all acts, errors or omis- (e) Benefits included in your sions to which this insur- "employee benefit pro- ance applies. gram", (c) The terms of this insurance, (2) The Aggregate Limit shown in including those with respect Section B. Limits of Insurance, to: 1. Employee Benefit Liability Coverage of this endorsement 1) Our right and duty to is the most we will pay for all defend the insured against any damages because of acts, er- "suits" seeking those dam-. rors or omissions negligently ages; and committed in the "administra- tion" of your "employee benefit 2) Your duties, and the program", duties of any other in- (3) Subject to the limit described in volved insured, in the (2) above, the Each Employee event of an act, error or omission,or claim, Limit shown in Section B. Limits of Insurance, 1. Employee apply irrespective of the Benefit Liability Coverage of application of the deductible this endorsement is the most we amount. will pay for all damages sus- tained by any one "employee", (d) We may pay any part or all including damages sustained by of the deductible amount to such "employee's" dependents effect settlement of any and beneficiaries,as a result of: claim or "suit" and, upon notification of the action (a) An act,error or omission;or taken, you shall promptly (b) A series of related acts, er- reimburse us for such part rors or omissions, regard of the deductible amount as less of the amount of time we have paid. that lapses between such d. Additional Conditions acts,errors or omissions, committed in the As respects Employee Benefit Li- negligentlyability Coverage, SECTION IV - "administration" of your "em- COMMERCIAL GENERAL LIABIL- ployee benefit program", lTY CONDITIONS is amended as However, the amount paid un- follows: der this endorsement shall not (1) Item 2, Duties in the Event of exceed, and will be subject to Occurrence, Offense, Claim or the limits and restrictions that Suit is deleted in its entirety and apply tolhe pa mailt or benefits replaced by the following: in any plan Included in the "em- • ployee benefit program". 2. Duties in the Event of an Act, Error or (4) Deductible Amount Omission,or Claim or Suit a Our obligation to paydam- a, You must see to it that we are noti- ( ) 9 fled as soon as practicable of an act, ages on behalf of the in- error or omission which may result in sured applies only to the a claim. To the extent possible, no- amount of damages in ex- tice should include: cess of the deductible amount stated in the Decla- ('I) What the act, error or omission rations as applicable to ' was and when it occurred; and Each Employee. The limits of Insurance shall not be (2) The names and addresses of • reduced by the amount of anyone who may suffer dam- this deductible. ages as a result of the act, error or omission. Includes copyrighted material of insurance GA 233 02 07 Services Office,Inc.,with its permission. Page 5 of 15 b. If a claim is made or "suit" is brought b. Method of Sharing against any insured, you must: If all of the other insur- (1) Immediately record the specifics ance permits contribu- of the claim or "suit" and the tion by equal shares, date received;and we will follow this (2) Notifyus as soon aspracticable. method also. Under this approach each in- You must see to it that we receive surer contributes equal written notice of the claim or"suit"as amounts until it has soon as practicable, paid its applicable limit of insurance or none of c. You and any other involved insured the foss remains, must: whichever comes first. (1) Immediately send us copies of If any of the other in- any demands, notices, sum- surance does not per- monses or legal papers re- mit contribution by ceived in connection with the equal shares, we will claim or"suit"; contribute by limits. Under this method, (2) Authorize us to obtain records each insurer's share is and other information; based on the ratio of its (3) Cooperate with us in the investi- applicable limit of in- surancegation or settlement of the claim to the total ap- plicable limits of insur- or defense against the "suit"; ance of all insurers. and (4) Assist us, upon our request, in c. No Coverage the enforcement of any right This insurance shall not against any person or organize- cover any loss for tion which may be liable to the which the insured is insured because of an act, error entitled to recovery un- or omission to which this insur- der any other insur- ance may also apply. ance in force previous d. No insured will, except at that in- to the effective date of sured's own cost, voluntarily make a this Coverage Part. payment, assume any obligation, or © Additional Definitions incur any expense without our con- sent. As respects Employee Benefit Li- Item 5. Other Insurance is de- ability Coverage, SECTION V • (2) DEFINITIONS is amended as fol- leted in its entirety and replaced lows: by the following: (1) The following definitions are 5. Other Insurance added: If other valid and collectible 1. "Administration"means: insurance is available to the insured for a loss we cover a. Providing information to under this Coverage Part, "employees", including our obligations are limited their dependents and as follows: beneficiaries, with re- spect to eligibility for or a. Primary Insurance scope of "employee This insurance is pri- benefit programs"; mary except when c. b, Interpreting the "em- below applies. If this ployee benefit pro- insurance is primary, grams"; our obligations are not affected unless any of c. Handling records in the other insurance is cdonection with the also primary. Then, we "employee benefit pro- will share with all that grams";or other insurance by the method described in b. d. Effecting, continuing or below. terminating any "em- ployee's" participation Includes copyrighted material of Insurance GA 233 02 07 Services Office,Inc.,with its permission. Page 6 of 15 in any benefit included benefits, workers' corn- in the "employee bene- pensation and disability fit program", benefits;and However, "administration" d. Vacation plans, includ- does not include: ing buy and sell pro- grams; ab - a. Handling payroll de.. sence programs, in- ductions;or cluding military, mater- b, The failure to effect or nity, family, and civil assis- maintain any insurance leave; plans;tuititranspor- or adequate limits of tattance coverage of insurance, subsidies,n and health club including but not limited to unemployment in- (2) The following definitions are surance, social security deleted in their entirety and re- benefits, workers' corn- placed by the following: pensation and disability benefits. 21. "Suit" means a civil pro- ceeding in which money 2, "Cafeteria plans" means damages because of an plan authorized by applica- act, error or omission to ble law to allow "employ- which this insurance applies ees" to elect to pay for cer- are alleged. "Suit"includes: tain benefits with pre-tax dollars, a. An arbitration pro- ceeding in which such 3, "Employee benefit pro- damages are claimed grams" means a program and to which the in- providing some or all of the sured must submit or following benefits to "em- does submit with our ployees", whether provided consent; through a "cafeteria plan"or otherwise: b. Any other alternative disutero- a. Group life insurance; cceeding ins which olution u h group accident or damages are claimed health insurance; den- and to which the In- tal, vision and hearing sured submits with our plans; and flexible consent; or spending accounts; provided that no one c. An appeal of a civil other than an "em- proceeding. ployee" may subscribe to such benefits and B. "Employee" means a per- such benefits are made son actively employed, for- generally available to merly employed, on leave those "employees"who of absence or disabled, or satisfy the plan's eligi- retired. "Employee" in- cudes a "leased worker". bility requirements; "Employee" does not in- b. Profit sharing plans, dude a"temporary worker", employee savings plans, employee stock 2, Unintentional Failure to Disclose Haz• ownership plans, pen- ards sion plans and stock SECTION IV COMMERCIAL GENERAL subscription plans, LIABILITY CONDITIONS, 7, Represen- provided that no one tations is hereby amended by the addi- other than an "em- tion of the following: ployee" may subscribe to such benefits and Based on our dependence upon your such benefits are made representations as to existing hazards, if generally available to unnterltionally you should fail to disclose all "employees" who all such hazards at the inception date of are eligible under the your policy, we will not reject coverage plan for such benefits; under this Coverage Part based solely on c. Unemployment insur- ance, such failure. social security Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 7 of 15 3. Damage to Premises Rented to You e) Settling, cracking, ex- a. The last Subparagraph of Paragraph phsnor pension;or 2. SECTION I - COVERAGES, COVERAGE A. - BODILY INJURY f) Nesting or infesta- AND PROPERTY DAMAGE, 2. LI- tion, or discharge ABILITY Exclusions is hereby de- or release of leted and replaced by the following: waste products or in- Exclusions c.throughdo not I secretions, , og q. apply sects, birds, ro- to damage by fire, explosion, light- dents or other ring, smoke or soot to premises animals. while rented to you or temporarily occupied by you with permission of (b) Loss caused directly or indi- the owner. rectly by any of the follow- b. The insurance provided under SEC- ing. TION I- COVERAGES, COVERAGE 1) Earthquake, volcanic A. BODILY INJURY AND PROP- eruption, landslide or ERTY DAMAGE LIABILITY applies any other earth move- to "property damage" arising out of merit; water damage to premises that are both rented to and occupied by you. 2) Water that backs up or overflows from a (1) As respects Water Damage Le- sewer,drain or sump; gal Liability, as provided in Paragraph 3.b.above: 3) Water under the ground surface press- The exclusions under SECTION ing on, or flowing or I - COVERAGES, COVERAGE seeping through: A. BODILY INJURY AND Foundations, PROPERTY DAMAGE LIABIL- a) ITY, 2. Exclusions, other than i. walls, floors or War and the Nuclear Energy paved surfaces; Liability Exclusion, are deleted b) Basements, and the following are added: whether paved or This insurance does not apply not;or to: c) Doors, windows or (a) "Property damage": other openings. 1) Assumed in any con- (c) Loss caused by or resulting tract;or from water that leaks or flows from plumbing, heat- 2) Loss caused by or re- ing, air conditioning, or fire suiting from any of the protection systems caused following: by or resulting from freez- ing,unless: a) Wear and tear; b) Rust, corrosion, 1) You did your best to maintain heat in the fungus, decay, building or structure;or deterioration, hid- den or latent de- 2) You drained the fect or any quality equipment and shut off in property that the water supply if the causes it to dam- heat was not main- age or destroy it- tained. self; (d) Loss to or damage to: c) Smog; t) Plumbing, heating, air d) Mechanical conditioning, fire pro- breakdown in- tection systems, or eluding rupture or other equipment or ap- bursting caused pliances;or by centrifugal force; 2) The interior of any building or structure, or to personal property in the building or structure Includes copyrighted material of Insurance GA 233 02 07 Services Office,Inc.,with its permission. Page 8 of 15 caused by or resulting 5. Medical Payments from rain, snow, sleet or ice, whether driven The Medical Expense Limit of Any One by wind or not. Person as stated in the Declarations is amended to the limit shown in Section B. c. Limit of Insurance Limits of Insurance, 5. Medical Pay- The Damage to Premises Rented to ments of this endorsement. You Limit as shown in the Declare- 5. Voluntary Property Damage and Care, tions is amended as follows: Custody or Control Liability Coverage (2) Paragraph 6. of SECTION III - a. Voluntary Property Damage Coy- LIMITS OF INSURANCE is erage hereby deleted and replaced by the following: We will pay for"property damage"to property of others arising out of op- 6. Subject to 5. above, the erations incidental to the insured's Damage to Premises business when: Rented to You Limit is the most we will pay under (1) Damage is caused by the in. COVERAGE A. BODILY sured;or INJURY AND PROPERTY (2) Damage occurs while in the in- DAMAGE LIABILITY, for sured's possession. damages because of "property damage" to With your consent, we will make premises while rented to these payments regardless of fault. you or temporarily occupied by you with permission of b. Care, Custody or Control Liability the owner, arising out of Coverage any one "occurrence" to SECTION I - COVERAGES, COV- which this insurance ap- ERAGE A. BODILY INJURY AND plies. PROPERTY DAMAGE LIABILITY, 2. (3) The amount we will pay is Um- Exclusions,j. Damage to Property, ited as described in Section B. Subparagraphs (3), (4) and (5) do Limits of Insurance, 3. Dam- not apply to "property damage" to age to Premises Rented to the property of others described You of this endorsement, therein. 4. Supplementary Payments With respect to the insurance provided by this section of the endorsement, the fol- Under SECTION I - COVERAGE, SUP- lowing additional provisions apply: PLEMENTARY PAYMENTS - COVER- AGES A AND B: a. The Limits of Insurance shown in the Declarations are replaced by the lim- a. Paragraph 2. is replaced by the fol- its designated in Section B.Limits of lowing: Insurance, 6, Voluntary Property Up to the limit shown in Section B. Damage and Care, Custody or UpLito oInsurance,shown 4.a. BaileBonds Control Liability Coverage of this endorsement with respect to cover- of this endorsement for cost of bail bonds required because of accidents age provided by this endorsement. or traffic law violations arising out of inThese limits are inclusive of and not re- the use of any vehicle to which the pl addition Theo the limits InsurancebBodily Injury Liability Coverage ap- placed. Limits of plies. We do not have to furnish shown in Section B. Limits of[nsur- bonds. ance, 6. Voluntary Property Dam- theseage and Care, Custody er Control b. Paragraph 4. is replaced by the fol- Liability Coverage of this endorse- lowing: ment fix the most we will pay in any one "occurrence" regardless of the All reasonable expenses incurred by number of: the insured at our request to assist us in the investigation or defense of ( ) Insureds; the claim or "suit", including actual (2) Claims made or "suits" brought; loss of earnings up to the limit shown or in Section B. Limits of Insurance, 4,b. Loss of Earnings of this en- (3) Persons or organizations mak- dorsement per day because of time ing claims or bringing"suits". off from work. Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 9 of 15 b. Deductible Clause 9. Automatic Additional insured - Speci- (1) Our obligation to pay damages fied Relationships on your behalf applies only to a. The following is hereby added to the amount of damages for each SECTION II-WHO IS AN INSURED: "occurrence" which are in ex- cess of the deductible amount (1) Any person or organization de- stated in Section B. Limits of scribed in Paragraph 9.a.(2) Insurance, 6. Voluntary Prop- below(hereinafter referred to as erty Damage and Care, Gus- additional insured) whom you tody or Control Liability Coy- are required to add as an addi- erage of this endorsement. The tional insured under this Cover- limits of insurance will not be re- age Part by reason of: duced by the application of such (a) A written contract or deductible amount. agreement;or (2) Condition 2.Duties in the Event (b) An oral agreement or con- of Occurrence, Offense, Claim tract where a certificate of nor Suit, applies to each claim or insurance showing that per- suit irrespective of the amount. son or organization as an (3) We may pay any part or all of additional insured has been the deductible amount to effect issued, settlement of any claim or "suit" is an insured, provided: and, upon notification of the ac- tion taken, you shall promptly (a) The written or oral contract reimburse us for such part of the or agreement is: deductible amount as has been paid by us. 1) Currently in effect or becomes effective 7. 180 Day Coverage for Newly Formed or during the policy pe- Acquired Organizations Hod;and SECTION II - WHO IS AN INSURED is 2) Executed prior to an amended as follows: "occurrence"or offense to which this insurance Subparagraph a. of Paragraph 4, is would apply;and hereby deleted and replaced by the fol- • lowing: (b) They are not specifically a. Insurance under this provision is af- named as an additional in- forded only until the 180th day after sured under any other pro- vision of, or endorsement you acquire or form the organization added to, this Coverage or the end of the policy period, Part whichever is earlier; (?) Only the following persons or 8. Waiver of Subrogation organizations are additional in- SECTION IV- COMMERCIAL GENERAL sureds under this endorsement, LIABILITY CONDITIONS, 9, Transfer of and insurance coverage pro- Rights of Recovery Against Others to vided to such additional in- Us is hereby amended by the addition of sureds is limited as provided the following: herein: We waive any right of recovery we may (a) The manager or lessor of a have because of payments we make for premises leased to you with injury or damage arising out of your on- whom you have agreed per going operations or"your work" done un- Paragraph 9.a.(1) above to der a written contract requiring such provide insurance, but only waiver with that person or organization with respect to liability aris- and included in the "products-completed ing out of the ownership, operations hazard". However, our rights maintenance or use of that may only be waived prior to the "occur- part of a premises leased to rence"giving rise to the injury or damage you, subject to the following for which we make payment under this additional exclusions: Coverage Part. The insured must do This insurance does not nothing after a loss to impair our rights. I to: At our request,the insured will bring "suit" apply or transfer those rights to us and help us 1) Any "occurrence" enforce those rights. which takes place after Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 10 of 15 you cease to be a ten- c) Any physical or ant in that premises. chemical change in the product 2) Structural alterations, made intentionally new construction or by the vendor; demolition operations performed by or on be- d) Repackaging, un- ialf of such additional less unpacked insured, solely for the pur- pose of inspection, (b) Any person or organization demonstration, from which you lease testing, or the equipment with whom you substitution of have agreed per Paragraph parts under in- 9.a.(1) above to provide in- structions from the surance. Such person(s) or manufacturer, and organization(s)are insureds then repackaged solely with respect to their in the original liability arising out of the container; maintenance, operation or use by you of equipment e) Any failure to leased to you by such per- make such in- son(s) or organizations(s). spections, adjust- However, this insurance ments, tests or does not apply to any "oc- servicing as the currence"which takes place vendor has after the equipment lease agreed to make or expires. normally under- takes make in (c) Any person or organization the usual course (referred to below as yen- of business, in dor) with whom you have connection with agreed per Paragraph the distribution or 9.a.(1) above to provide In- sale of the prod- surance, but only with re- ucts; spect to "bodily injury" or "property damage" arising f) Demonstration, in- out of"your products"which stallation, servic- are distributed or sold in the ing or repair op- regular course of the yen- erations, except dor's business, subject to such operations the following additional ex- performed at the clusions: vendor's premises 1) The insurance afforded Inh connection with the sale of the the vendor does not product; apply to: g) Products which, a) "Bodily injury" or after distribution or "property damage" sale by you, have for which the yen- been labeled or dor is obligated to relabeled or used pay damages by as a container, reason of the as- part or ingredient sumption of.liabil- of any other thing ity in a contract or or substance by or agreement, This for the vendor. exclusion does not apply to liability for 2) This insurance does damages that the not apply to any in- vendor would sured person or or- have in the ab- ganization: sence of the con- tract or agree- a) From whom you ment; have acquired such products, or b) Any express war- any ingredient, ranty unauthorized part or container, by you; entering into, ac- Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 11 of 15 companying or 2) This insurance does containing such not apply to "bodily in- products; or jury", "property Jam- bliability When in- age" or "personal and advertising injury" aria- cluded within the ing out of operations p performed for the state completed opera- or political subdivision. tions hazard" has been excluded (f) Any person or organization under this Cover- with which you have agreed age Part with re- per Paragraph 9.a.(1) spect to such above to provide insurance, products. but only with respect to Ae political subdi- li- ability arising out of "your (d) Any you havwork" performed for that vision withstateor which additional Insured by you or agreed per Paragraph on your behalf. A person or 9.a.(1) above to provide in- organization's status as an surance, subject to the fol- insured under this provision lowing additional provision: of this endorsement contin- This insurance applies only ues for only the period of with respect to the following time required by the written hazards for which the state contract or agreement, but in no event beyond the ex- or political subdivision has piration date of this Cover- issued a permit in connec- age Part. If there is no tion with premises you own, written contract or agree- rent or control and to which ment, or if no period of time this insurance applies: is required by the written 1) The existence, mainte- contract or agreement, a nance, repair, con- person or organization's struction, erection, or status as an insured under removal of advertising this endorsement ends signs, awnings, cano- when your operations for pies, cellar entrances, that insured are completed. coal holes, driveways, manholes, marquees, (3) Any insurance provided to an hoist away openings, additional insured designated sidewalk vaults, street under Paragraph 9.a.(2): banners, or decora- (a) Subparagraphs (e) and (f) tions and similar expo- does not apply to "bodily sures;or injury"or"property damage" 2) The construction, erec- included within the "prod- tion, or removal of ele- ucts-completed operations vators; or hazard , 3) The ownership, main- (b) Subparagraphs (a), (b), (d), tenance, or use of any (e) and (f) does not apply to elevators covered by bodily. injury", "property this insurance. damage" or "personal and advertising injury" arising (e) Any state or political subdi- out of the sole negligence vision with which you have or willful misconduct of the agreed per Paragraph additional insured or their 9.a.(1) above to provide in- agents, "employees" or any surance, subject"to the fol- other representative of the lowing provisions: additional insured;or 1) This insurance applies (c) Subparagraph (f) does not only with respect to op- apply to "bodily injury", erations performed by "property damage" or "per- you or on your behalf sonal and advertising injury" for which the state or arising out of: political subdivision has 1) Defects in design issued a permit. fur- nished by or on behalf Includes copyrighted material of Insurance GA 233 02 UT Services Office, Inc.,with its permission. Page 12 of 15 of the additional in- spects any other insurance sured; or policy issued to the 2 The addi- tional insured, and such rendering of, or other insurance policy shall failure to render, any be excess and /or noncon- professional architec- tributing, whichever applies, tural, engineering or with this insurance. surveying services, in- cluding: (b) Any insurance provided by p this endorsement shall be a) preparing,aririg, primary to other insurance approving or fail- available to the additional ing to prepare or insured except: approve maps, shop drawings, 1) As otherwise provided opinions, reports, in SECTION IV - surveys, field or- COMMERCIAL GEN- ders, change or- ERAL LIABILITY ders or drawings CONDITIONS,5. Other and specifications; Insurance, b. Excess and Insurance; or b) Supervisory, in- 2) For any other valid and spection, archi- collectible insurance tectural or engi- available to the addi- nearing activities. tional insured as an 3) "Your work"for which a additional insured by attachment of an en- consolidated (wrap-up) dorsement to another insurance program has insurance policy that is been provided by the written on an excess primecontractor-project basis. In such case, manager or owner of the coverage provided the construction project under this endorse- in which you are in- ment shall also be ex- volved. cess. b. Only with regard to insurance pro- (2) Condition 11. Conformance to vided to an additional insured desig- Specific Written Contract or nated under Paragraph 9.a.(2) Sub- Agreement is hereby added: paragraph (f) above, SECTION III - LIMITS OF INSURANCE is amended 11. Conformance to Specific to include: Written Contract or The limits applicable to the additional Agreement insured are those specified in the With respect to additional written contract or agreement or in insureds described in Para- the Declarations of this Coverage graph 9.a.(2)(f) above only: Part,whichever are less. If no limits If a written contract or are specified in the written contract or agreement, or if there is no written agreement between you contract or agreement, the limits ap- and the additional insured plicable to the additional insured are specifies that coverage for those specified in the Declarations of the additional insured: this Coverage Part. The limits of In- a. Be provided by the In- surance are inclusive of and not in surance Services Of- addition to the limits of insurance Tice additional insured shown in the Declarations, form number CG 20 10 c. SECTION IV - COMMERCIAL GEN- or CG 20 37 (where ERAL LIABILITY CONDITIONS is edition specified);or hereby amended as follows: b. Include coverage for (1) Condition 5. Other Insurance is completed operations; amended to include: or (a) Where required by a written c. Include coverage for contract or agreement, this "your work"; insurance is primary and / and where the limits or cov- or noncontributory as re- erage provided to the addi- Includes copyrighted material of Insurance . GA 233 02 07 Services Office, Inc.,with its permission. Page 13 of 15 tional insured is more re- 11. of this endorsement fix the strictive than was specifi- most we will pay in any one "oc- cally required in that written currence" regardless of the contract or agreement, the number of: terms of Paragraphs 9.a.(3)(a), 9.a.(3)(b) or 9.b, (a) Insureds; above, or any combination (b) Claims made or "suits" thereof, shall be interpreted brought;or as providing the limits or coverage required by the (c) Persons or organizations terms of the written contract making claims or bring or agreement, but only to "suits". the extent that such limits or coverage is included within (2) Deductible Clause the terms of the Coverage (a) Our obligation to pay dam- Part to which this endorse- ages on your behalf applies ment is attached, lf, how- only to the amount of dam- ever, the written contract or ages for each "occurrence" agreement specifies the In- which are in excess of the surance Services Office Deductible amount stated in additional insured form Section B. Limits of Insur. number CG 20 10 but does ance, 11. of this endorse- not specify which edition, or ment. The limits of insur- specifies an edition that ance will not be reduced by does not exist, Paragraphs the application of such De 9.a.(3)(a) and 9.a.(3)(b) of this endorsement shall not ductibfe amount. apply and Paragraph 9.b, of (b) Condition 2, Duties in the this endorsement shall ap- Event of Occurrence, Of- ply. fense, Claim or Suit, ap- 10. Broadened Contractual Liability-Work plies to each claim or "suit" Within 50'of Railroad Property irrespective of the amount. It is hereby agreed that Paragraph f.(1) of (c) We may pay any part or all Definition 12. "insured contract" (SEC- of the deductible amount to effect settlement of any TION V-DEFINITIONS)is deleted, claim or "suit" and, upon 11. Property Damage to Borrowed Equip. notification of the action ment taken, you shall promptly reimburse us for such part a, The following is hereby added to Ex- of the deductible amount as elusion j. Damage to Property of has been paid by us. Paragraph 2., Exclusions of SEC- TION i- COVERAGES, COVERAGE 12. Employees as Insureds • Specified A. BODILY INJURY AND PROP- Health Care Services ERTY DAMAGE LIABILITY: It is hereby agreed that Paragraph Paragraphs (3) and (4) of this exclu- 2.a.(1)(d) of SECTION II - WHO IS AN sion do not apply to tools or equip- INSURED, does not apply to your "em- ment loaned to you, provided they ployees"who provide professional health are not being used to perform opera- care services on your behalf as duly li- tions at the time of loss. censed: b. With respect to the insurance pro- a. Nurses; vided by this section of the en- b. Emergency Medical Technicians;or dorsement, the following additional provisions apply: c. Paramedics, (1) The Limits of insurance shown in the jurisdiction where an "occurrence" in the Declarations are replaced or offense to which this insurance applies by the limits designated In Sec- takes place. tion B. Limits of Insurance, 11. of this endorsement with respect 13. Broadened Notice of Occurrence to coverage provided by this endorsement. These limits are Paragraph a. of Condition 2. Duties in Inclusive of and not in addition to the Event of Occurrence, Offense, the limits being replaced. The Claim or Suit (SECTION iV - COMMER- Limits of Insurance shown in CIAL GENERAL LIABILITY CONDI- Section B. Limits of Insurance, Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 14 of 15 TIONS) is hereby deleted and replaced (2) The names and addresses of by the following: any injured persons and wit- a. You must see to it that we are noti- nesses;and fied as soon as practicable of an (3) The nature and location of any "occurrence" or an offense which injury or damage arising out of may result in a claim. To the extent the"occurrence"or offense. possible, notice should include: This requirement applies only when (1) How, when and where the "oc- the"occurrence" or offense is known currence"or offense took place; to an "authorized representative". Includes copyrighted material of Insurance GA 233 02.07 Services Office, Inc.,with its permission. Page 15 of 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CinciPlus® BUSINESS AUTO XC+® (EXPANDED COVERAGE PLUS) ENDORSEMENT This endorsement modifies insurance provided by the following: BUSINESS AUTO COVERAGE FORM With respect to the coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by this endorsement. A. Blanket Waiver of Subrogation This provision does not apply unless the valid written contract has been: SECTION IV - BUSINESS AUTO CONDI- TIONS, A. Loss Conditions, 5. Transfer of 1. Executed prior to the accident causing Rights of Recovery Against Others to Us is "bodily injury"or"property damage";and amended by the addition of the following: 2. Is still in force at the time of the"accident" We waive any right of recovery we may have causing "bodily injury" or "property dam- against any person or organization because of age", payments we make for "bodily injury" or "property damage"arising out of the operation D. Employee Hired Auto of a covered "auto" when you have assumed 1. Changes in Liability Coverage liability for such "bodily injury" or "property damage" under an "Insured contract", provid- The following is added to the Section II - ed the "bodily injury"or"property damage" oc- Liability Coverage, A. Coverage, 1. curs subsequent to the execution or the "in- Who is an Insured: sured contract". An "employee" of yours is an "insured" B. Noncontributory Insurance while operating an "auto" hired or rented SECTION IV - BUSINESS AUTO CONDI- under a contract or agreement in that TIONS, B. General Conditions, 5. Other In- "employee's" name, with your permission, while performing duties related to the surance c.is replaced by the following: conduct of your business. c. Regardless of the provisions of Par- 2. Changes in General Conditions agraph a. above, this Coverage Form's Liability Coverage is primary SECTION IV - BUSINESS AUTO CON- and we will not seek contribution DITIONS, B. General Conditions, 5. from any other insurance for any Ha- Other Insurance is amended by replac- bility assumed under an "insured ing Paragraph 5.4.with the following: contract" that requires liability to be assumed on a primary noncontributo b. For Hired Auto Physical Damage Coverage the following are deemed ry basis. to be covered"autos"you own: C. Additional Insured by Contract (1) Any covered "auto" you lease, SECTION II - LIABILITY COVERAGE, A. hire, rent or borrow; and Coverage, I. Who is an Insured is amended to include as an insured any person or organi- (2) Any covered "auto" hired or zation with which you have agreed in a valid rented by your"employee" under written contract to provide insurance as is of a contract In that individual "ern forded by this policy. pioyee's" name, with your per- mission, while performing duties This provision is limited to the scope of the related to the conduct of your valid written contract. business. Includes copyrighted material of ISO AA 288 01 16 Properties, Inc., with its permission. Page 1 of 4 However, any "auto" that is leased, a. Is effective on the date of acquisition hired, rented or borrowed with a driver or formation, and is afforded for 180 is not a covered "auto", days after such date; E. Audio, Visual and Data Electronic Equip- b. Does not apply to "bodily injury" or meat "property damage" resulting from an SECTION III PHYSICAL DAMAGE COV "accident" that occurred before you acquired or formed the organization; ERAGE, C. Limit of Insurance is amended by adding the following: c. Does not apply to any newly acquired 4. The most we will payfor all "loss" to au- or formed organization that is a joint venture or partnership; and dio. visual or data electronic equipment and any accessories used with this d. Does not apply to an insured under equipment as a result of any one "acci- any other automobile liability policy, dent"is the lesser of or would be an insured under such a a. The actual cash value of the dam- policy but for the termination of such aged or stolen property as of the time policy orthe exhaustion of such poli of the"accident"; cy's limits of insurance. b. The cost of repairing or replacing the 3. Anyoved "auto"of your "a npyouloerebus nette s usor nyour damaged or stolen property with oth- personal affairs.provided you do not own. er property of like kind and quality;or hire or borrow that "auto'. c. $2,500. G. Liability Coverage Extensions - Supple- Provided the equipment.at the time of the mentary Payments- Higher Limits "loss"Is: SECTION 11 - LIABILITY COVERAGE, A. a. Permanently installed In or upon the Coverage, 2. Coverage Extensions, a. Sup- covered "auto" in a housing. opening plementary Payments is amended by: or other location that is not normally 1. Replacing the S2,000 Limit of Insurance used by the "auto" manufacturer for for bail bonds with$4.000 in(2); and the installation of such equipment; b. Removable from a permanently2. Replacing the 5250 Limit of Insurance for in- reasonable expenses with$500 in(4). stalled housing unit as described in Paragraph 2.a. above; or H. Amended Fellow Employee Exclusion c. An Integral part of such equipment. SECTION II - LIABILITY COVERAGE, B.F. Who is an insured-Amended Ex- clusions, 5. Fellow Employee is modified as follows: SECTION 11 - LIABILITY COVERAGE, A. Exclusion 5. Fellow Employee is deleted. Coverage, 1. Who is an Insured is amended by adding the following: I. Hired Auto-Physical Damage The following are"insureds": if hired "autos"are covered "autos" for Liability Coverage, then Comprehensive and Collision 1. Any subsidiarywhich is a legally Incorpo- Physical Damage Coverages as provided un- rated entity of which you own a financial der SECTION IiI - PHYSICAL DAMAGE interest of more than 50% of the voting COVERAGE of this Coverage Part are ex- stock on the effective date of this cover- tended to "autos" you hire, subject to the fol- age form. lowing: However, the insurance afforded by this 1. The most we will pay for "loss" to any provision does not apply to any subsidiary hired "auto" is$50.000 or the actual cash that is an "insured" under any other au- value.or cost to repair or replace, which- tomobile liability policy, or would be an ever is the least. minus a deductible. "insured" under such policy but for termi- nation of such policy or the exhaustion of 2. The deductible will be equal to the largest such policy's limits of insurance. deductible applicable to any owned"auto" 2. Anyorganization that is newlyacquired or for that coverage, or$1,000.whichever is formed by ou and over which you- less. main- tain majority ownership. The insurance 3. Hired Auto - Physical Damage coverage provided by this provision: is excess over any other collectible insur- ance. Includes copyrighted material of ISO AA 288 01 16 Properties, Inc..with its permission. Page 2 of 4 4. Subject to the above limit, deductible. and K. Transportation Expense-Higher Limits excess provisions we will provide cover- age equal to the broadest coverage appfi SECTION III - PHYSICAL DAMAGE COV cable to any covered "auto" you own in ERAGE, A. Coverage, 4. Coverage Exten- sured under this policy. sions is amended by replacing $20 per day with $50 per day, and $600 maximum with • Coverage Includes loss of use of that hired au- 51.500 maximum in Extension a. Transpor- to. provided it results from an "accident" for tation Expenses- which you are legally liable and as a result of which a monetary loss is sustained by the L. Airbag Coverage leasing or rental concern. The most we will SECTION III - PHYSICAL DAMAGE COV- pay for any one "accident" is$3,000. ERAGE, B. Exclusions, 3.a. is amended by If a limit for Hired Auto - Physical Damage is adding the following: shown in the Schedule, then that limit replac- However, the mechanical and electrical es, and is not added to, the $50,000 limit indl- breakdown portion of this exclusion does not cated above. apply to the accidental discharge of an airbag. .1. Rental Reimbursement This coverage for airbags is excess over any other collectible insurance or warranty. SECTION III - PHYSICAL DAMAGE is amended by adding the following: M. Loan or Lease Gap Coverage 1. We will pay for rental reimbursement ex- 1. SECTION III - PHYSICAL DAMAGE penses incurred by you for the rental of COVERAGE, C. Limit of Insurance is an"auto"because of a "loss"to a covered deleted in its entirety and replaced by the "auto". Payment applies in addition to the following, but only for private passenger otherwise applicable amount of each Gov- type "autos" with an original loan or lease. erage you have on a covered "auto". No and only in the event of a "total loss" to deductible applies to this coverage. such a private passenger type"auto": 2. We will pay only for those expenses in- a. The most we will pay for"loss"in any curred during the policy period beginning one "accident"is the greater of: 24 hours after the "loss" and ending. re- (1) The amount due under the terms gardiess of the policy's expiration, with of the lease or loan to which the lesser of the following number of your covered private passenger days: type "auto" is subject, but will not a. The number of days reasonably re• include: quired to repair the covered "auto". If (a) Overdue lease or loan pay- "loss" is caused by theft,this number ments; of days is added to the number of days it takes to locate the covered (b) Financial penalties imposed "auto"and return it to you; or under the lease due to high b. 30 days. mileage, excessive use or y abnormal wear and tear; 3. Our payment is limited to the lesser of the (c) Security deposits not re- following amounts: funded by the lessor; a. Necessary and actual expenses in- (d) Costs for extended warran- • curred:or ties, Credit Life Insurance. b. $50 per day. Health, Accident or Disabil- ity Insurance purchased 4. This coverage does not apply while there with the loan or lease;and are spare or reserve "autos" available to Carry-over balances from you for your operations. (e) previous loans or leases, or S. We will pay under this coverage only that amount of your rental reimbursement ex- (2) Actual cash value of the stolen penses which is not already provided for or damaged property. under SECTION III - PHYSICAL DAM- b; An adjustment for depredation and AGE COVERAGE, A. Coverage, 4. physical condition will be made In de- Coverage Extensions. termining actual cash value at the time of"loss". Includes copyrighted material of ISO AA 288 01 16 Properties, Inc., with its permission. Page 3 of 4 2. SECTION V - DEFINITIONS is amended P. Unintentional Failure to Disclose Hazards by adding the following. but only for the purposes of this Loan or Lease Gap SECTION IV - BUSINESS AUTO CONDI- Coverage: TIONS, B. General Conditions, 2. Conceal- ment, Misrepresentation or Fraud is "Total loss" means a "loss" In which the amended by adding the following: cost of repairs plus the salvage value ex- ceeds the actual cash value. However, if you unintentionally fail to disclose any hazards existing on the effective date of N. Glass Repair-Waiver of Deductible this Coverage Form, we will not deny cover- SECTION III - PHYSICAL DAMAGE COV- age under this Coverage Form because of ERAGE, D. Deductible is amended by adding such failure. the following: Q. Mental Anguish Resulting from Bodily Inju- No deductible applies to glass damage If the ry glass is repaired in a manner acceptable to us SECTION V - DEFINITIONS, C."Bodily inju- rather than replaced. ry" is deleted in Its entirety and replaced by the following: O. Duties in the Event of an Accident, Claim, Suit or Loss- Amended "Bodily injury"means bodily injury, sickness or SECTION IV. - BUSINESS AUTO CONDI disease sustained by a person, including men- TIONS A. Loss Conditions, 2. Duties in the tal anguish and death sustained by the same person that results from such bodily Injury. Event of Accident,Claim, Suit or Loss,a. is sickness or disease. "Bodily injury" does not amended by adding the following: include mental anguish or death that does not This condition applies only when the "acci- result from bodily injury, sickness or disease. dent"or"loss" is known to: R. Coverage for Certain Operations in Con- 1. You,if you are an individual; nection with Railroads 2. A partner. if you are a partnership; With respect to the use of a covered "auto" in operations for or affecting a railroad: 3. An executive officer or insurance manag- er. if you are a corporation; or 1. Section V- Definitions, H. "Insured con- tract". 1.c. Is amended to read: 4. A member or manager, if you are a lim- ited liability company. c. An easement or license agreement; 2. Section V- Definitions, H. "Insured con- tract", 2.a. is deleted. Includes copyrighted material of ISO AA 288 01 16 Properties. Inc.. with its permission. 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