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18-098.00 Fish Window Cleaning: City Hall Window Cleaning 1B- of$ AGREEMENT FOR SERVICES Fish Window Cleaning THIS AGREEMENT is made by and between the City of Spokane Valley,a code City of the State of Washington, hereinafter"City"and Fish Window Cleaning, 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 will 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 completion of all contractual requirements have been met as determined by City. Consultant shall complete its work by July 1,2018,unless the time for performance is extended in writing by the Parties. Agreement for Services(without professional liability coverage) Page 1 of 6 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. City agrees to pay Consultant$3,345.41,(which includes Washington State Sales Tax if any is applicable)as full compensation for everything done under this Agreement,as set forth in Exhibit B. 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. 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: Name:Christine Bainbridge,City Clerk Name: Fish Window Cleaning Phone: (509)720-5000 Phone: 509-919-3138 Address: 10210 East Sprague Avenue Address: • 1521 N Argonne Road, Suite C252 Spokane Valley,WA 99206 Spokane Valley,WA 99212 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 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 Agreement for Services(without professional liability coverage) Page 2 of 6 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 under 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: 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 least 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 Agreement for Services(without professional liability coverage) Page 3 of 6 of Washington. 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. C. Other Insurance Provisions. The policies are to contain,or be endorsed to contain,the following provisions for automobile 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 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, Agreement for Services(without professional liability coverage) Page 4 of 6 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 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 may 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 Agreement for Services(without professional liability coverage) Page 5 of 6 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. Prior to commencement of work under this Agreement,Consultant shall register with the City as a business 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 4 iay of 3u VlQ - , 2018. CITY OF SPOKANE VALLEY Consultant: Mark Calhoun,City Manager : ts: A.thorize• 'epresentati e AT f. ' z7 stine Bainbridge,City Clerk APPROVE S TO F/ORI M: 0,0„,‘ Office e i orney Agreement for Services(without professional liability coverage) Page 6 of 6 • May 11,2018 WINDOW CLEANING City of Spokane Valley 10210 E Sprague Avenue Spokane Valley,WA,99206 Attention:Deanna Horton Regarding scope of work to be performed by TTurner Enterprises,Inc.,DBA Fish Window Cleaning #3097: • Clean all windows and doors on the perimeter of the building,inside&out,except outside only on the opaque and blacked out windows,and wipe frames. • Clean both vestibules,inside&out and wipe frames. • Remove remaining construction debris from glass and frames. • We will use 3 inch plywood on the roof areas with rocks to protect the membrane liner underneath from damage from the ladder. Our price for the above work is$2,052.00. • We will start with our water fed pole system and ladders where needed.As we have discussed a lift may be necessary for some of the upper windows this first cleaning to properly remove the remaining construction debris. If a lift is required to meet your expectations on the cleanliness • of the glass,there will be an additional charge for lift rental and delivery.We will not need to reach from the street if we can block a portion of the parking lot on the west side of the building.The lift can reach those upper windows on the north side from there. Our price for lift pickup,delivery and one day rental will be$1,020.00 Please call with any questions you may have. ajv 'a d Than ou, ,0 -7c 00 a 75. �4 1 m urner, 3,3 /-4-5 , L' Pre ident TTurner Enterprises, Inc. 1521 N Argonne Rd Suite C252 Spokane Valley,WA 99212 I P.509-919-3138 I F.509-321-7623 �.....is FISHW-1 OP ID:SS ACORO' CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDmYY) 06/10/2018 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 509-456-2648 CONTACT Jim Dinneen NAME: Inland Insurance Inc. PHONE 509-456-2648 FAX 509-456-3432 9016 E Indiana Ave.,Suite A (A/C,�N�o,Ext): I(A/C,No): Spokane Valley,WA 99212 ADDAF SS:jlm.dinneen@inlandins.com James P Dinneen INSURER(S)AFFORDING COVERAGE NAIL S 4 INSURER A:Mutual of Enumclaw 14761 INSURED T Turner Enterprises Inc. INSURER B: DBA:Fish Window Cleaning INSURER C 2721 N Van Marter Dr.-Suite 5 Spokane Valley,WA 99206 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LTR INSD WVD 1 LIMITS A X COMMERCIAL GENERALLIABIUTY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCURCPP002165301 12/07/2017 12/07/2018 DAMAGES)RENTED 300,000 Y y PREMISES(Ea ocourrencel $ MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POUCY X JERQ X LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY (Ea accidenSINGLE LIMIT $ 1,000,000 X ANY AUTO y y CPP002165301 12/07/2017 12/07/2018 amity INJURY(Per person) $ OWNED SCHEDULED AUTOSREONLY _ AUTOS SSWryEp BODILYOINJURYp (Per accident) $ AUTOS ONLY _AUTOS ONLY (Per a dent)AMAGE $ $ A X UMBRELLA LIAR X OCCUR EACH OCCURRENCE _ $ 1,000,000 EXCESS LIAB CLAIMS-MADE UMC000527101 12/07/2017 12/07/2018 AGGREGATE $ 1,000,000 DED RETENTION$ $ 1,000,000 A WORKERCOMPESATION AND EMPLOYERS'NLIABILITY Y/N PER X ER H- ANYPROPRIETOR/PARTNER/EXECUTIVE CPP002165301 12/07/2017 12/07/2018 E.L EACH ACCIDENT $ 1,000,000 OFFICER/M MBER EXCLUDED? N/A (Mandatory In NH) WA 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 A Crime CPP002165301 12/07/2017 12/07/2018 Crime 10,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) The City of Spokane Valley is included as additional insured as required by written contract. CERTIFICATE HOLDER CANCELLATION CITY012 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE of Spokane ValleyTHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City P ACCORDANCE WITH THE POLICY PROVISIONS. 10210 E Sprague Avenue Spokane Valley,WA 99206 AUTHORIZED REPRESENTATIVE � �.suflat I ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY EG 20 18 10 12 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section ll - Who Is An Insured is amended to C. Section IV - Commercial General Liability include as an additional insured: Conditions, Paragraph 4. Other Insurance is Any person or organization when you and such amended to add the following subparagraph: person or organization have agreed in writing in a d. Additional Insured's Other Insurance As Ex- contract or agreement, executed prior to any "oc- cess Insurance currence", that such person or organization be To the extent required by an "insured contract", added as an additional insured on your policy. this insurance is primary on behalf of the addi- Such person or organization is an additional in- tional insured, and any other insurance main- sured only with respect to liability for "bodily inju- tained by the additional insured is excess and ry", "property damage" or "personal and advertis- not contributory with this insurance. If the "in- ing injury"caused, in whole or in part, by: sured contract" does not require this provision, 1. Your acts or omissions; or then Paragraph a.above will apply. 2. The acts or omissions of those acting,on your behalf: in the performance of your ongoing operations for the additional insured, or in connection with your premises owned by or rented to you. A person's or organization's status as an addition- al insured under this endorsement ends when your contract or agreement with such person or organization ends. B. The Limits of Insurance applicable to the Addi- tional Insured are those specified in the written contract or agreement but not more than the Lim- its of Insurance specified in the Declarations of this policy. The Limits of Insurance applicable to the Additional Insured are inclusive of and not in addition to the Limits of Insurance shown in the declarations for the Named Insured. EG 20 18 10 12 Includes copyrighted material of Insurance Services Office,Inc.with its permission. Page 1 of 1 POLICY NUMBER: CPP 0021653 01 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: REQUIRED BY WRITTEN CONTRACT 1460 WELLS ST ENUMCLAW WA 98022 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Sec- tion IV-Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 ©Insurance Services Office, Inc., 2008 Page 1 of 1 Wolters Kluwer Financial Services I Uniform Forms TM COMMERCIAL AUTO EA991011 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by this endorsement. The following changes revise SECTION I — COVERED The coverage that applies is the same as the AUTOS coverage provided for the vehicle being replaced. Paragraph C.1. is deleted and replaced with the Physical Damage Coverage is extended to the following: temporary substitute auto for the lesser of the 1. Trailers following number of days: a. "Trailers" with a load capacity of 2,000 1. The number of days reasonably required to pounds or less designed primarily for travel repair or replace the covered "auto" that is out on public roads; or of service; or • b. "Trailers" designed primarily for travel on 2. 30 days. public roads when: The following changes revise SECTION II — LIABILITY (1) Pulled by an owned private passenger COVERAGE auto specifically described in Item The following is added to Paragraph A.1.: Three of the Declarations as a covered d. Blanket Additional Insured "auto" for Liability Coverage under this Coverage Form; and Any person or organization that you are required to include as an additional insured (2) Not used for business, farming or on this Coverage Form in a written contract ranching purposes. or agreement that is signed and executed Private passenger auto means a motor by you before the"bodily injury"or"property vehicle of the private passenger, station damage"occurs and that is in effect during wagon, pickup or van type designed for use the policy period is an "insured"for Liability on public highways and subject to motor Coverage, but only for damages to which vehicle registration. this insurance applies. The following is added: A person's or organization's status as an D. Temporary Substitute Autos—Physical Damage additional insured under this endorsement ends when your contract or agreement with If Physical Damage Coverage is provided by this such person or organization ends. Coverage Form, the following types of vehicles are also covered "autos" for Physical Damage The Limits of Insurance applicable to the Coverage: Additional Insured are those specified in the written contract or agreement but not more Any "auto" you do not own while used with the than the Limits of Insurance specified in the permission of its owner as a temporary substitute Declarations of this policy. The Limits of for a covered "auto" you own that is out of service Insurance applicable to the Additional because of its: Insured are inclusive of and not in addition 1. Breakdown; to the Limits of Insurance shown in the 2. Repair; declarations for the Named Insured. 3. Servicing; This Coverage does not apply to lessors of leased"autos". 4. "Loss"; or 5. Destruction. EA 99 10 11 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission Page 1 of 4 e. Broadened Named Insured under this policy. No deductible applies to Any business entity newly acquired or this coverage. formed by you during the policy period (1) We will pay only for those expenses provided you own 51% or more of the incurred as a result of a covered "loss" business entity and the business is not occurring during the policy period separately insured for Business Auto beginning 24 hours after the"loss" and Coverage. Coverage is extended up to a ending, regardless of the policy's maximum of 90 days following acquisition expiration, with the lesser of the or formation of the business entity or until following number of days: the end of the policy period, whichever (a) The number of days reasonably comes first. required to repair or replace the f. Employee Hired Auto covered "auto". If"loss" is caused An"employee"of yours is an"insured"while by theft, this number of days is operating an "auto" hired or rented under a added to the number of days it contract or agreement in that "employee's" takes to locate the covered "auto" name, with your permission, while and return it to you; or performing duties related to the conduct of (b) 10 days. your business. (2) Our payment under this Coverage Paragraphs A.2.a.(2) and A.2.a.(4) are deleted and Extension (4.a.) is limited to the lesser replaced with the following: of the necessary and actual expenses 2. Coverage Extensions incurred or the maximum amount shown, $250. a. Supplementary Payments (2) Upto $2,500 for cost of bail bonds (3) Coverage under this Coverage Extension (4.a.) does not apply while (including bonds for related traffic law there are spare or reserve "autos" violations) required because of an available to you for your operations. "accident"we cover. We do not have to furnish these bonds. The following is added to Paragraph A.4.: (4) All reasonable expenses incurred by c. Transportation Expenses - Theft of a the "insured" at our request, including Private Passenger Auto actual loss of earnings up to$300 a day In the event of "loss" to a covered private because of time off from work. passenger type "auto" caused by a total The following changes revise SECTION III—PHYSICAL theft which is covered by Comprehensive or DAMAGE COVERAGE Specified Causes of Loss Coverage on this policy, we will pay up to $25 per day to a This coverage applies only for a covered "auto' for maximum of $500 for transportation which Physical Damage Coverage is provided for on expenses incurred by you as a result of that this policy. "loss". The following is added to Paragraph A.3: (1) We will pay for transportation expenses Glass Repair—Waiver of Deductible incurred during the period beginning No deductible will apply to glass breakage if such 264 hours (11 days)after the"loss". glass is repaired in a manner acceptable to us (2) Regardless of the policy's expiration, rather than replaced. our reimbursement of your Paragraph A.4.a. is deleted and replaced with the transportation expenses under this following: Coverage Extension will end when the covered "auto" is returned to your use 4. Coverage Extensions or we pay for its"loss". a. Limited Rental Reimbursement or Travel (3) No deductible applies to this Coverage Expense Extension. We will pay up to $25 per day to a d. Tapes, Records and Discs maximum of$250 for rental reimbursement expenses for the rental of an "auto"or other We will pay for "loss" to tapes, records, transportation expense incurred by you compact discs, or other similar devices because of"loss"to a covered "auto"which used with audio, visual or data electronic is covered by Comprehensive, Specified devices. Causes of Loss, or Collision coverage (1) We will pay only if the tapes, records, compact discs, or other similar devices: EA 99 10 11 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission Page 2 of 4 (a) Are your property or that of a family (d) Animals, private passenger"autos," member; or motorcycles, aircrafts, boats or any (b) Are the property of an "employee" other motorized vehicles or their using a covered "auto" in your equipment, furnishings or business affairs at the time of the appurtenances. "loss";and (e) Equipment or accessories while (c) Are in a covered "auto" which your Travel Trailer, "Camper or sustains other covered "loss" under Motor Home is leased or rented to Comprehensive or Collision any organization or any person coverage at the time of the"loss"to other than you or a family member. tapes, records, compact discs, or (2) The maximum we will pay for "loss" is other similar devices. the lesser of: (2) The most we will pay for "loss" under (a) The actual cash value of the this Coverage Extension (4.d.)is$200. personal property at the time of (3) Physical Damage Coverage provisions "loss"; apply to this coverage, except that any (b) The cost of repairing the damage; deductible applicable to or Comprehensive or Collision coverage (c) The cost of replacing the damaged does not apply to this Coverage personal property with other Extension (4.d.). personal property of like kind, The exclusion referring to tapes, records, condition, quality and value. discs or other similar audio, visual or data g. Vacation Expense Allowance electronic devices designed for use with audio, visual or data electronic equipment We will pay you $50 per day to a maximum does not apply. of $500 for extra expenses when a Travel e. Camper Bodies Trailer, "Camper" or Motor Home is a p scheduled auto for physical damage In the event of a "loss" to a detached coverage, and the Travel Trailer, "Camper" "camper," physical damage coverage will or Motor Home: apply as if it were part of the covered "auto" (1) Is damaged or destroyed and is on which it is rated. uninhabitable; and f. Contents of a Travel Trailer, Camper or (2) While being used for vacation purposes Motor Home within the policy period. When a Travel Trailer, "Camper" or Motor Extra expenses must be supported by Home is a scheduled auto for physical receipts or other valid evidence. damage coverage,we will pay up to $1,000 for "loss" to personal property belonging to The following is added to Paragraph A.: you or a family member that is within the 5. Extra Expense—Broadened Coverage Travel Trailer, "Camper" or Motor Home. We will pay for the direct expense of the We will pay up to$250 for"loss"to personal returning of a stolen covered "auto"to you. We property belonging to you or a family will pay only for those covered "autos"for which member that is outside the Travel Trailer, you carry Comprehensive or Specified Causes "Camper"or Motor Home. of Loss Coverage. This coverage will only (1) We will not pay for"loss"to: apply to vehicles recovered inside the 48 (a) Articles carried or held for sale, contiguous United States. This coverage does storage or repairs, or for later not apply to an"auto"we deem a total"loss". delivery;goods kept to show or sell; The following is added to Paragraph B.3.a.: or theatrical wardrobes. Airbag Coverage—Accidental Deployment (b) Business,store of office furniture or However, this exclusion does not apply to the equipment. unintended inflation of an airbag if the inflation (c) Records or accounts, money, is caused by mechanical or electrical bullion, deeds, contracts, evidences breakdown. of debt, securities,tokens or tickets, stamps in current use or manuscripts. EA 99 10 11 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission Page 3 of 4 The following changes revise SECTION IV — The following changes revise SECTION V — BUSINESS AUTO CONDITIONS DEFINITIONS The following is added to Paragraph A.2.a.: The following is added: Amended Duties in the Event of an Accident, Q. "Camper" means a portable dwelling unit without Claim, Lawsuit or Loss axles or wheels that has been manufactured for However, this duty is only required when the attachment on the bed of a pickup truck to be used "accident"is known to: for casual travel or camping. (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, if you are a corporation. The following is added to Paragraph A.: 6. Blanket Waiver of Subrogation We waive any right of recovery we may have against any person or organization to the extent required of you by a written contract executed prior to any"accident" because of payments we make for damages under this coverage form. The following is added to Paragraph B.2.: Unintentional Failure to Disclose Hazards Any unintentional failure to disclose all exposures or hazards existing as of the effective date of the Business Auto Coverage Form or at any time during the policy period will not invalidate or adversely affect the coverage for such exposure or hazard. However,you must report the undisclosed exposure or hazard to us as soon as reasonably possible after its discovery. Paragraph B.5.b. is deleted and replaced with the following: b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos"you own: (1) Any covered "auto" you lease, hire, rent or borrow;and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered"auto". The following is added to Paragraph B.5. e. To the extent required by an "insured contract", this insurance is primary on behalf of the additional insured, and any other insurance maintained by the additional insured is excess and not contributory with this insurance. If the "insured contract" does not require this provision, then Paragraph a.above will apply. EA 99 10 11 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission Page 4 of 4