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HomeMy WebLinkAboutGreenwalt Electric, LLC - Camp Hope Electrical Services CONTRACT THIS AGREEMENT, made and entered into in triplicate, this() dday of Qef 2018, by and between the City of Yakima, hereinafter called the Owner, and Greenwalt Electric, LLC.., a Washington Limited Liability Company, hereinafter called the Contractor. WITNESSETH: That in consideration of the terms and conditions contained herein and attached and made a part of this agreement, the parties hereto covenant and agree as follows: I. The Contractor shall do all work and furnish all tools, materials, labor and equipment for THE BID AMOUNT OF: $45,563.02, for Camp Hope Electrical Services, City Project No. 2478, all in accordance with, and as described in the attached plans and specifications and the 2018 Standard Specifications for Road, Bridge, and Municipal Construction which are by this reference incorporated herein and made a part hereof, and shall perform any alterations in or additions to the work provided under this contract and every part thereof. Work shall start within ten (10) days after the Notice to Proceed and shall be completed in Ten (10) working days. If work has not commenced within the ten (10) days after the Notice to Proceed, the first chargeable working day shall be the 11th day after the date on which the City issues the Notice to Proceed. If said work is not completed within the time specified, the Contractor agrees to pay to the Owner the sum specified in the Standard Specifications for each and every day said work remains uncompleted after expiration of the specified time, as liquidated damages. The Contractors shall provide and bear the expense of all equipment, work and labor of any sort whatsoever that may be required for the transfer of materials and for constructing and completing the work provided for in this contract and every part thereof, except such as are mentioned in the specifications to be furnished by the City of Yakima. II. The City of Yakima hereby promises and agrees with the Contractor to employ, and does employ the Contractor to provide the materials and to do and cause to be done the above described work and to complete and finish the same according to the attached plans and specifications and the terms and conditions herein contained and hereby contracts to pay for the same according to the attached specifications and the schedule of unit or itemized prices hereto attached, at the time and in the manner and upon the conditions provided for in this contract. III. INDEMNIFICATION. The Contractor shall defend, indemnify, and hold harmless the City, its officers, elected officials, employees and agents from and against any and all claims, causes of action, damages, losses, and expenses of any kind or nature whatsoever, including but not limited to, attorney's fees and court costs, arising out of, relating to, or resulting from the Contractor's performance or non-performance of the services, duties and obligations required of it under this Agreement. IV. The Contractor for himself, and for his heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all the covenants herein contained upon the part of the Contractor. V. It is further provided that no liability shall attach to the City of Yakima by reason of entering into this contract, except as expressly provided herein. IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed the day and year first herein above written. Countersigned: CITY OF YAKIMA CONTRACTOR this�� day of (ic�1 2018. Sreend _ . adz Z. - - Corporation Contractor By: C y Manager (Print Name) CU Clerk Is' �el7/�re Z (President,Owner,etc.) CITY CONTRACT NO: /1 a-e es (/.1 YY737 RESOLUTION NO: Bond No. 72085579 PERFORMANCE BOND BOND TO CITY OF YAKIMA KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Yakima,Washington has awarded to Greenwalt Electric, L.L.C.(Contractor)hereinafter designated as the"Principal"a contract for the construction of the project designated Camp Hope Electrical Services, City Project No. 2478,all as hereto attached and made a part hereof and whereas, said principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract: NOW, THEREFORE, we, the principal, and Western Surety Company (Surety), a corporation,organized and existing under and by virtue of the laws of the State of SD ,duly authorized to do business in the State of Washington,as surety,are jointly and severally held and firmly bound unto the City of Yakima,Washington, in the penal sum of$YS,vt'v3o 0, (Total Contract Amount)lawful money of the United States,the payment of which we jointly and severally bind ourselves,our heirs,executors,administrators and assigns,and successors and assigns,firmly by these presents. THE CONDITIONS OF THIS BOND IS SUCH, that if the above bonded principal shall faithfully perform all of the provisions of said contract in the manner and within the time therein set forth, or within such extensions of time as may be granted under said contract, and shall pay all laborers,mechanics,sub-contractors and materialmen;the claims of any person or persons arising under the contract to the extent such claims are provided for in RCW 39.08,010;the state with respect to taxes imposed pursuant to Titles 50, 51 and 82 RCW which may be due; and all persons who shall supply said principal or sub-contractors with provisions and supplies for the carrying on of said work, and shall hold said City of Yakima, Washington,their employees, agents, and elected or appointed officials, harmless from any damage occasioned to any person or property by reason of any carelessness or negligence on the part of said principal, or any sub-contractor in the performance of said work, and shall indemnify and hold the City of Yakima, Washington, its employees, agents, and elected or appointed officials, harmless from any damage or expense by reason of failure of performance as specified in said contract, or from defects appearing or developing in the material or workmanship provided or performed under said contract after its acceptance thereof by the City of Yakima,Washington,and all claims filed in compliance with Chapter 39.08 RCW are resolved and all taxes pursuant to Titles 50 and 51 and 82 RCW have been paid,then and in that event this obligation shall be void; but otherwise it shall be and remain in full force and effect. This obligation is entered into in pursuance of the statutes of the State of Washington, and the Ordinances of the City of Yakima, Washington. IN WITNESS WHEREOF, the said principal and the said surety have caused this bond to be signed and sealed by their duly authorized officers this 9th day of October 201 gree1/44?" eeeff..--c (Principal) By: .ii/ (Signature) go4a/Z 19-Ple-e—e4A (Print Name) Approved as to form: _ (Title)/Tiit (City Attorney)7 Western Surety Company ( urty B 11 hr\ (Signature) Lori McKimrny (Print Name) Attorney--in-Fact (Title) Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation having its principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint Donna S Martinez, Rod Lewis, Kenneth J Frick, Lori McKimmy, Lisa P Smith, Individually of Yakima,WA,its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted,as indicated,by the shareholders of the corporation. In Witness Whereof. WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 27th day of September,2018. aes,uREl^'�. WESTERN SURETY COMPANY _W 0P 9j�D442•Z>: % "° «+^ aul T.Bruflat,Vice President State of South Dakota JT ss County of Minnehaha On this 27th day of September,2018,before me personally came Paul T.Bruflat,to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires J.MOHR NOTAR June 23,2021 soumo Uorn wA.A J.Mohr,Notary Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force,and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 9th day of October 2018 ?SVRET.... WESTERN SURETY COMPANY =�Q' POA ass 3N`400. g i^jys •v.......IPµpF 'ya..enw,,,a L.Nelson,Assistant Secretary Form F4280-7-2012 Go to www.cnasurety.com>Owner/Obligee Services>Validate Bond Coverage,if you want to verify bond authenticity. Authorizing By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President. Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. DATE(MM/DD/YYYY) AC RE® CERTIFICATE OF LIABILITY INSURANCE 10/17/2018 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(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Katie Craig NAME: Terril Lewis&Wilke Ins PHONE (509)248-3515 FAX (509)248-3673 (A/C,No,Extl: (NC,No): P O Box 1789 EMAIL kcraig@tlwins.com ADDRESS: 112 S 4th Street INSURER(S)AFFORDING COVERAGE NAIC# Yakima WA 98907 INSURER A: Western National Assurance Company 24465 INSURED INSURER B: Western National Mutual Insurance Co 15377 Greenwalt Electric,LLC INSURER C: Western National Insurance PO Box 850 INSURER D: INSURER E: Neches WA 98937 INSURER F: COVERAGES CERTIFICATE NUMBER: 18-19 GASU 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 ADDL SUBF2' POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD MD POLICY NUMBER (MM/DD/YYYY) (MMIDD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 RENTED . CLAIMS-MADE X OCCUR PREMISESDAMAGE TO(Ea occurrence) $ 100,000 MED EXP(Any one person), $ 5,000 A' Y CPP1178261 01/01/2018 01/01/2019 PERSONAL BADVINJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER' GENERAL AGGREGATE $ 2,000,000 PRO- JECT LOC PRODUCTS-COMP/OPAGG $ 2,000,000 POLICY OTHER $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ B OWNED SCHEDULED Y CPP1177395 01/01/2018 01/01/2019 BODILY INJURY(Per accident) $ — AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $ $ X UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 1,000,000 C EXCESS LIAB CLAIMS-MADE UMB1033453 10/16/2018 01/01/2019 AGGREGATE $ 1,000,000 DED X RETENTION$ 10,000 $ WORKERS COMPENSATION PER OTH- WA STOP GAP AND EMPLOYERS'LIABILITY VIN STATUTE ER A ANY PROPRIETOR/PARTNER/EXECUTIVE NIA CPP1178261 01/01/2018 01/01/2019 E.L EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 10 ,00000 DESCRIPTION OF OPERATIONS below , E L.DISEASE-POLICY LIMIT $ , DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The City of Yakima,its agents,elected and appointed officials,and employees are listed as additional insured per forms WNGL49 0715 and WNCA27 0616 attached. Project: Camp Hope Electrical Services Project#: 2478 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Yakima ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 129 North Second Street . Yakima WA 98901 -A— M. M(., I / ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY WNGL490715 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU PRIMARY AND NONCONTRIBUTORY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured any person or or- additional insureds, the following additional exclu- ganization for whom you are performing opera- sion applies: tions when you and such person or organization This insurance does not apply to: have agreed in writing in a contract or agreement 1. "Bodily injury", "property damage" or"personal that such person or organization be added as an and advertising injury" arising out of the ren- additional insured on your policy. Such person or dering of, or the failure to render, any profes- organization is an additional insured only with re- sional architectural, engineering or surveying • spect to liability for "bodily injury", "property dam- services, including: age" or "personal and advertising injury" caused, in whole or in part, by: a. The preparing, approving, or failing to pre- pare or approve, maps, shop drawings, 1. Your acts or omissions; or opinions, reports, surveys, field orders, 2. The acts or omissions of those acting on your change orders or drawings and specifica- behalf; tions; or in the performance of your ongoing operations for b. Supervisory, inspection, architectural or the additional insured. engineering activities. A person's or organization's status as an additional This exclusion applies even if the claims insured under this endorsement ends when your against an additional insured allege negli- operations for that additional insured are complet- gence or other wrongdoing in the supervision, ed. hiring, employment, training or monitoring of However: others by that insured, if the "occurrence" 1. The insurance afforded to such additional in- which caused the "bodily injury" or "property sured only applies to the extent permitted by damage", or the offense which caused the law; and "personal and advertising injury", involved the rendering of or failure to render any profes- 2. If coverage provided to the additional insured sional services by you with respect to your is required by a contract or agreement, the in- providing engineering, architectural or survey- surance afforded to such additional insured ing services in your capacity as an engineer, will not be broader than that which you are re- architect or surveyor. quired by the contract or agreement to provide • for such additional insured. WN GL 49 07 15 Page 1 of 2 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. 2. "Bodily injury" or "property damage" occurring D. The following is added to the Other Insurance after: Condition and supersedes any provision to the a. All work, including materials, parts or contrary: equipment furnished in connection with Primary And Noncontributory Insurance such work, on the project (other than ser- vice, maintenance or repairs) to be per- This insurance is primary to and will not seek formed by or on behalf of the additional in any contribution from any other insurance sured(s) at the location of the covered available to an additional insured under your operations has been completed; or policy provided that: b. That portion of "your work" out of which (1) The additional insured is a Named Insured the injury or damage arises has been put under such other insurance; and to its intended use by any person or or- (2) You have agreed in writing in a contract or ganization other than another contractor or agreement that this insurance would be subcontractor engaged in performing op- primary and would not seek contribution erations for a principal as a part of the from any other insurance available to the • same project. additional insured. C. With respect to the insurance afforded to these additional insureds, the following is added to Sec- tion III—Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is: 1. The minimum amount required by the contract or agreement; or 2. The Limits of Insurance shown in the Declara- tions; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. • WNGL490715 Page2of2 • Includes copyrighted material of Insurance Services Office,Inc.,with its permission. WN CA 27 06 16 BUSINESS AUTO ENHANCEMENT ENDORSEMENT The Business Auto Enhancement Endorsement is an optional endorsement that provides coverage enhancements. The following is a summary of broadened coverages provided by this endorsement. No coverage is provided by this summary, refer to following endorsement for changes in your policy. SUMMARY OF COVERAGES PAGE Accidental Airbag Deployment Coverage 4 Auto Loan/Lease Gap Coverage 4 Blanket Additional Insured 2 Blanket Waiver of Subrogation 5 Broadened Definition of Insured includes: • Newly Acquired Organizations for up to 180 Days 2 • Employees as Insureds 2 • Subsidiaries in Which You Own 50% or More 2 Deductible Waiver for Glass Repair 3 Employee Hired Auto 2, 5 Fellow Employee Coverage 3 Hired Auto Physical Damage Coverage 4 Knowledge of Accident, Claim, Suit or Loss 5 Loss Of Use Expenses-Amended 3 Personal Effects 3 Rental Reimbursement Coverage 4 Supplementary Payments-Amended: • Bail Bonds up to $5,000 2 • Loss of Earnings up to $500/Day 2 Transportation Expense Limits—Amended 3 Unintentional Failure to Disclose Hazards 5 WN CA 27 06 16 Includes copyrighted material of Insurance Services Office,with its permission Page 1 of 5 WN CA 27 06 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BUSINESS AUTO ENHANCEMENT ENDORSEMENT This endorsement modifies the insurance provided under 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. The SECTIONS of the Business Auto Coverage Form identified in this endorsement will be amended as shown below. SECTION II — COVERED AUTOS LIABILITY g. Any "employee" of yours is an "insured" while COVERAGE AMENDMENTS operating a covered "auto" hired or rented under A. Who Is An Insured a contract or agreement in the "employee's" name, with your permission, while performing SECTION II — COVERED AUTOS LIABILITY duties related to the conduct of your business. COVERAGE, A. Coverage, 1. Who Is An Insured is amended to add: B. Blanket Additional Insured d. Any legally incorporated subsidiary of yours in SECTION II — COVERED AUTOS LIABILITY which you own more than 50% of the voting COVERAGE, A. Coverage, 1. Who Is An Insured, stock on the effective date of this coverage form. paragraph c. is amended to add the following: However, "insured" does not include any Any person or organization who is required under a subsidiary of yours that is an "insured" under written contract or agreement between you and that any other automobile liability policy, or would be person or organization, that is signed and executed an "insured" under such policy but for by you before the "bodily injury" or "property termination of such policy or the exhaustion on damage" occurs and that is in effect during the policy such policy's limits of insurance. period, to be named as an additional insured is an "insured" for Liability Coverage, but only for e. Any organization which is newly acquired or damages to which this insurance applies and only to formed by you and over which you maintain the extent that persons or organization qualifies as majority ownership. However, coverage under an "insured" under the Who Is An Insured provision this provision: contained in Section II. (1) is afforded only for the first 180 days after C. Liability Coverage Extensions — Supplementary you acquire or form the organization or until Payments the end of the policy period, whichever comes first; SECTION II — COVERED AUTOS LIABILITY COVERAGE, A. Coverage, 2. Coverage (2) does not apply to "bodily injury" or "property Extensions, a. Supplementary Payments is damage" that results from an "accident" that amended by replacing subparagraphs (2) and (4). occurred before you formed or acquired the with the following: organization; (3) does not apply to any newly acquired or (2) Up to $5,000 for cost of bail bonds (including bonds for related traffic law violations) required formed organization that is a joint venture or because of an "accident" we cover. We do not partnership; and have to furnish these bonds. (4) does not apply to an "insured" under any (4) All reasonable expenses incurred by the other automobile liability policy, or would be "insured" at our request, including actual loss of an "insured" under such a policy but for ter- earnings up to $500 a day because of time off mination of such policy or the exhaustion of from work. such policy's limits of insurance. f. Any "employee" of yours is an "insured" while • using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. WN CA 27 06 16 Includes copyrighted material of Insurance Services Office,with its permission Page 2 of 5 D. Fellow Employee Coverage D. Glass Repair—Deductible Waiver SECTION II — COVERED AUTOS LIABILITY SECTION III — PHYSICAL DAMAGE COVERAGE, COVERAGE, B. Exclusions, 5. Fellow Employee, A. Coverage, 3. Glass Breakage — Hitting A Bird the following is added: Or Animal — Falling Objects Or Missiles, is Co-Employee Lawsuit Defense Cost amended by adding the following: Reimbursement No deductible will apply to glass breakage if such If a suit seeking damages for "bodily injury" to any glass is repaired, in a manner acceptable to us, fellow "employee" of the "insured" arising out of and rather than replaced. in the course of the fellow "employee's" employment E. Hired Auto Physical Damage or while performing duties related to the conduct of SECTION III — PHYSICAL DAMAGE COVERAGE, your business, or a suit seeking damages brought A. Coverage is amended by adding the following: by the spouse, child, parent, brother or sister of that fellow "employee", is brought against you, we will 5. Hired Auto Physical Damage reimburse reasonable costs that you incur in the If hired "autos" are covered "autos" for Liability defense of such matters. Any reimbursement made Coverage and if Comprehensive, Specified pursuant to this sub-section will be in addition to the Causes of Loss, or Collision coverages are pro- limits of liability set forth in the Declarations. vided under this coverage form for any "auto" you own, then the Physical Damage Coverages SECTION III — PHYSICAL DAMAGE COVERAGE provided are extended to "autos" you hire of like AMENDMENTS kind and use, subject to the following: A. Transportation Expense— Limits Amended a. The most we will pay for any one "loss" is SECTION III — PHYSICAL DAMAGE COVERAGE, $50,000 or the actual cash value or cost to repair or replace, whichever is less, minus a A. Coverage, 4. Coverage Extensions, a. Trans- deductible; portation Expenses is amended by replacing $20 per day/$600 maximum limit with $50 per day/$1000 b. The deductible will be equal to the largest maximum. deductible applicable to any owned "auto" for that coverage. Any Comprehensive B. Hired Auto Physical Damage — Loss Of Use deductible does not apply to "loss" caused Expenses—Limits Amended by fire or lightening; • SECTION III — PHYSICAL DAMAGE COVERAGE, c. Hired Auto Physical Damage coverage is A. Coverage, 4. Coverage Extensions, b. Loss of excess over any other collectible insurance; Use Expenses is amended by replacing the $20 per and day/$600 maximum limit with $50 per day/$750 d. Subject to the above limit, deductible and maximum limit. excess provisions we will provide coverage C. Personal Effects Coverage equal to the broadest coverage applicable to SECTION III — PHYSICAL DAMAGE COVERAGE, any covered "auto" you own. A. Coverage, 4. Coverage Extensions is amended If a limit for Hired Auto Physical Damage is by adding the following: indicated in the Declarations, then that limit c. Personal Effects replaces, and is not added to, the $50,000 limit indicated above. • We will pay up to $500 for "loss" to personal effects, which are: (1) Owned by an "insured"; and (2) In or on your covered "auto." This coverage applies only in the event of the total theft of your covered "auto." No deductible applies to this coverage WN CA 27 06 16 Includes copyrighted material of Insurance Services Office,with its permission Page 3 of 5 F. Rental Reimbursement G. Accidental Airbag Deployment Coverage SECTION III — PHYSICAL DAMAGE COVERAGE SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, is amended by adding the following: A. Coverage is amended by adding the following: 6. Rental Reimbursement 7. Accidental Airbag Deployment Coverage This coverage applies only to a covered "auto" of We will pay to reset or replace factory installed the private passenger or light truck type as airbag(s) in any covered "auto" for accidental follows: discharge, other than discharge due to a • a. We will pay for rental reimbursement collision loss. expenses incurred by you for the rental of a This coverage is applicable only if comprehen- private passenger or light truck type "auto" sive coverage applies to the covered "auto". because of "loss" to a covered private pas- This coverage is excess over any other collecti- senger or light truck type "auto". Payment ble insurance or reimbursement by manufac- applies in addition to the otherwise applica- turer's warranty. ble amount of each coverage you have on a covered private passenger or light truck type H. Auto Loan/Lease Gap Coverage "auto." No deductibles apply to this SECTION III PHYSICAL DAMAGE COVERAGE, coverage. Item A., Coverage, is amended by adding the b. We will pay only for those expenses incurred following: during the policy period beginning 24 hours 8. Auto Loan/Lease Gap Coverage after the "loss" and ending, regardless of the policy's expiration, with the lesser of the fol This coverage applies only to a covered "auto" lowing number of days: described or designated in the Schedule or in the Declarations as including physical damage (1) The number of days reasonably re- coverage. quired to repair or replace the covered private passenger or light truck type In the event of a covered total "loss" to a "auto". If "loss" is caused by theft, this covered "auto" described or designated in the number of days is added to the number Schedule or in the Declarations, we will pay any of days it takes to locate the covered unpaid amount due on the lease or loan for a private passenger or light truck type covered "auto" less: "auto" and return it to you; or a. The amount paid under the Physical • (2) 30 days. Damage Coverage Section on the policy; c. Our payment is limited to the lesser of the and following amounts: b. Any: (1) Necessary and actual expenses (1) Overdue lease/loan payments at the incurred, or time of the"loss"; (2) $50 per day, up to a maximum of (2) Financial penalties imposed under a $1,000. lease for excessive use, abnormal wear d. This coverage does not apply while there and tear or high mileage; are spare or reserve private passenger or (3) Security deposits not returned by the light truck type "autos" available to you for lessor; your operations. (4) Costs for extended warranties, Credit e. If "loss" results from the total theft of a Life Insurance, Health, Accident or covered "auto" of the private passenger or Disability Insurance purchased with the light truck type, we will pay under this cover- loan or lease; and age only that amount of your rental reim (5) Carry-over balances from previous bursement expenses which is not already loans or leases. provided for under SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage,4. Coverage Extensions. For the purposes of this Rental Reimbursement coverage, light truck is defined as a truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as the maximum loaded weight the auto is designed to carry. WN CA 27 06 16 Includes copyrighted material of Insurance Services Office,with its permission Page 4 of 5 C. Unintentional Failure to Disclose Hazards SECTION IV — BUSINESS AUTO CONDITIONS AMENDMENTS SECTION IV— BUSINESS AUTO CONDITIONS, B. General Conditions, 2. Concealment, Misrepre- A. Duties In The Event Of Accident, Claim, Suit Or sentation Or Fraud, is amended by adding the Loss Amended following paragraph: SECTION IV— BUSINESS AUTO CONDITIONS, A. If you unintentionally fail to disclose any hazards Loss Conditions, 2. Duties In The Event Of existing at the inception date of the policy, or during Accident, Claim, Suit Or Loss, a. is amended by the policy period in connection with any additional adding the following: hazards, we will not deny coverage under this Cov- This condition applies only when the "accident" or erage Part because of such failure. "loss" is known to: D. Employee Hired Auto (1) You, if you are an individual; SECTION IV— BUSINESS AUTO CONDITIONS, B. (2) A partner, if you are a partnership; General Conditions, 5. Other Insurance, (3) An executive officer or insurance manager, if paragraph b. is deleted and replace by the following: you are a corporation; or b. For Hired Auto Physical Damage Coverage, the • (4) A member or manager, if you are a limited following are deemed to be a covered "autos" liability company. you own: But, this section does not amend the provisions (1) Any covered "auto" you lease, hire, rent or relating to notification of police, protection or exami- borrow. nation of the property which was subject to the (2) Any covered "auto" hired or rented by your "loss". "employee" under a contract in that individual "employee's" name, with your B. Blanket Waiver of Subrogation permission, while performing duties related Section IV — BUSINESS AUTO CONDITIONS, A. to the conduct of your business. Loss Conditions, 5. Transfer of Rights of However, any"auto" that is leased, hired, rented Recovery Against Others to Us, is amended by adding the following exception: or borrowed with a driver is not a covered "auto". However, we waive any right of recovery we may have against any person or organization to the extent required of you by a written contract signed and executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. WN CA 27 06 16 Includes copyrighted material of Insurance Services Office,with its permission Page 5 of 5