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HomeMy WebLinkAboutKnobel's Electric Inc. - Contract for Project RT2750THIS AGREEMENT, made and entered into in triplicate, this C1 day of J(Ahe� . 2023, by and between the City of Yakima, hereinafter called the Owner, and Kn a Washington Corporation, hereinafter called the Contractor, VVITNESSETH: 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 asfollows: 1. The Contractor shall do all work and furnish all tools, materials, labor and equipment for THE BID AMOUNT OF: $53,808.00 for City Hall in the attached specifications and the 2023 Standard 5,,Pecifications for Road. every part thereof. working day shall be the 11th working day after the date on which the City issues the Notice to Proceed. transfer of materials and for constructing and comvletin the work vrovided for in this contract and evenj 'Part thereof excevt such as are mentioned in the specifications to be furnished by the City of Yakima. Ill. INDEMNIFICATION. The Contractor shall release, indemnify, defend, and hold harmless the City, its elected and appointed officials, officers, 5uit5, arbitration actons.-LovastgatLQ-o-5,-and-mgulatorV or other governmental oroceeclings-aLisiaq from or in connection with this AgLeem-eM or the acts. failures to act. errors or omissions of the Contractor. or any Contractor's agent or subcontractor in nerformance of this A reement, exceo,t for claims caused b1f the Cit,f's sole nPqfi ence, The Cit�nght to indemnification includes attorne%,1's fees and costs associated with establishing the right to indemnification hereunder in favor of the City. V. uisfurther provided that nuliability shall attach to the City of Yakima by reason of entering into this contract, except as expressly provided herein. Countersigned: CITY OFYANMA this C City Manager ^ucu: Its: ~k (Preuuem'Owner, etz) CITY CONTRACT NIC:��` _-_ ' RESOLUTION NO: � Client : 1847 KNOBELEC1 rTE (MMIDDIYYYY) ACORDT11 CERTIFICATE OF LIABILITY INSURANCE - /24/2023 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, D THE CERTIFICATE HOLDER. W06RTANT: If the certificate holder is an ADDITIONAL INS LI E , the policy(les) must have ADDITIONAL. INSURED provisions or be endors d. 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 any rights to the certificate holder in lieu of such endorsement(s): PRODUCER - CO,EA NITRainey Lindholm - Propel Insurance PrlofiE 800 499 0933 FAX AIC Ncs xtl.a�A!c N866 577 1326 601 UnionStreet; Suite 3400DDRFSS. rainey.lindholm@propetinsurance.com peti urance.com COM Construction -..-_. _. ___ ... .__ .. _ _ . ._ INStdRtiFfA VERAGE NAIC t;: Seattle WA 98101 1371 Western National Assurance Company_�. _ _ 3NSURdR(sl AFFORDING C 24465 INSURE® : INSURER B Knobel's Electric Inc — ...... INSURER C . _____ ^� 801 Tennant Lane ... N Yakima, A 98901 ISURER D. ----- - a 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 CONTRACTOR 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. .. ODL SUtIR j�TR TYPE OF INSURANCE CPP1 Z53$3$OZ POLICY EFF PfLICY EXP ,,._,,,,-...AN �, ,INS INVD � POLICY NUMBER ,(MMIDDIYYYI') I�klWlOihtYYYYI LIMITS A X; COMMERCIAL GENERAL uaelLlrY I 101/2023 01/01/2024 EACH OCCURRENCE S1 000,000 CLAIMS -MADE X '.00CUR It W1 RENTF`0,,.s�___ _ ri, E� urea, s 100 000 X! PD Ded $1,000 l MEDEXPgAxyone esanl r i?0 _ , . „_, „ . ,.. _ PERSONAL S ADV INJURY $ 1 O0 000.. GEN`L AGGREGATE LIMIT APPLIES PER. ENERAL AGGREGATE $2 0OO QOO.. -f. h. r ti? q �.. POLICY FX JE ° �.. -GGE LOG (' PRODUCTS COMP/OP AG S2 00O,000.: OTHER $ AXUroMOeIANY UECLIA9ILITY....... __...- I. 2 .... ..... ........,,,,_... ......_ .. �.COMOiN D SINGLE LIMtr ..S.'1,000,000 A — OWNED aI CPP125110602 01/01/2023 0110112024 BODILY INJURY (Per person) S I SCHEDULED _ . ( AUTOS ONLY AUTOS C'. � BODILY INJURY (Per accident) S '... HIRED X NON -OWNED TOS ONLY ._ i---� AU ros GNLY .�. q X UMBRELLA LIAB X I OCCUR UMB104293102 01l01/2023 01/01/2024 EACH OCCURRENCE S3�000,000 EXCESS LIAB -. ..m . CLAMS-MADEi [ Following Form AGGREGATE s t# t a d 0 DEDX�� RETENTION $10000 _. A ANDEMPLOE LI COMPENSATION CPP1253$3802 D1101I2023 01/011 024 ANY PROPRIETOWPARTNEWEXECUTIVE YIN, WA Stop Gap E L EACH ACCIDENT S' 000 OOO OP ICEMNIEk BER EXCLUDED? .NIA) � t....W, .�._.....®.., (Mondstory in f#Ii) E L. DISEASE- EA EMP VC $1 ..a_ 000 000 1f yes, describe under I _.�,..� ...wr _.._. DESCRIPTION OF OPERATIONS below >... m - m -- S -...ESL DISEASE POLICY LIMIT $1,000 0O0 110112 23 .H 1/ 112 24� . - .. -__ e00, A Leased Rented EQ CPP125384802 D 1 Limit $1,000 Deductible DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) : City Hall Parking Area Sidewalk Replacement Project - MLK Jr. Blvd & N. Xd St., City of Yakima Project o. 2750 The City of Yakima, their agents, employees, volunteers, and elected and appointed officials are included as Additional Insureds per the attached forms. CERTIFICATE HOLDER CANCELLATION City Of Yakima, Department Of SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Public Works ACCORDANCE WITH THE POLICY PROVISIONS. 129 North Second St. Yakima, WA 98901-0000 'AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved.. ACORD 25 (2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD S5931871/ 5622439 MRIE00 This palge has been left blank intentionally V This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. Additional Insured — Operations (2) A. SectionWho Is An Insured is amended to include as an additional insured: (1) Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy; and (2) Any other person or organization you are required to add as an additional insured under the contract or agreement de- scribed in Paragraph 1. above. Such person(s) or organization(s) is an add- tional insured only with respect to liability for "bodily injury", "property damage" or "per- sonal and advertising injury" caused, in it or in part, by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf; in the performance of your ongoing opera- tions for the additional insured. B. With respect to Additional Insured - Opera- tions, coverage is limited as follows: This insurance does not apply to "bodily in- jury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than ser- vice, maintenance or repairs) to be per- formed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or WN GIL 139 06 18 'UOMMERCIAL GENERAL LIABILITY WN GIL 139 06 18 -it, r-d-ATNI c I p a art same project. 2. Additional Insured — Completed Operations A. Section 11 — Who Is An Insured is amended to include as an additional insured: (1) Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement thal such person or organization be added as an additional insured on your policy; and (2) Any other person or organization you are required to add as an additional insured under the contract or agreement de- scribed in Paragraph 1. above. Such person(s) or organization(s) is an addi- tional insured only with respect to liability for "bodily injury", "property damage" or "per- sonal and advertising injury" caused, in whole or in part, by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf; and included in the "prod ucts-com pleted op- erations hazard". EMU= i11 B. With respect to Additional Insured — Com- pleted Operations, coverage is limited as • (1) A person or organization's status as an in- sured under Additional Insured — Com- pleted Operations continues only for the period of time required by any written con- tract or a• (2) The insurance provided to the additional insured does not apply to "bodily injury", 11 •rop damage" • "personal and ad- vertising injury" arising out • "your work" for which a consolidated (wrap-up) insur- ance program has • provided by the prime contractor -project manager or owner of the construction project in which you are involved. C Primary and Noncontributory The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary • Noncontributory Insurance This insurance is primary to and will not seek con- tribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured un- der • other insurance; and (2) • have agreed in writing in a contract ♦: .• that this insurance would • pri- mary and would not seek contribution from any •' insurance available to the additional insured. 4. Other Provisions Applicable to Additional In- sured — Operations and Additional Insured — Completed Operations A. The Amendment of Insured Contract • •• CG 24 26) ••a... not apply • an additional insured. B. The coverage provided under Paragraph f. of the definition of "insured contract" under Sec- tion V — Definitions does not apply to an ad- ditional insured under this endorsement un- less required • a written contract •' a• C. The insurance afforded to such additional in- sured only applies to the extent permitted by law; and If coverage provided to the additional insured is required •: a • • agreement, the in- surance afforded to such additional insured will not be broader than that which you are re- quired by the contract or agreement to provide for such additional insured. WN GIL 139 06 18 D. With respect to the insurance afforded to these additional insureds, the following is added to • III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the • we will •a • behalf of the additional • (1) The minimum • required • the • • • or (2) The Limits of Insurance shown in the Dec- larations; whichever is less. This endorsement shall not increase the .• Limits of Insurance shown in the Dec- larations. E. With •' to the insurance afforded to these additional insureds, the following addi- tional exclusion applies: •ETATIFIR IBM Ing services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- ders, change orders or drawings and specifications; • (2) Supervisory, inspection, architectural or engineering activities. This • applies even if the claims a•a an additional insured e•e negli- -gtT-rk76 tryis di• --fV4 hiring, employment, training or monitoring of others by that insured, if the • which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any profes- sional services by you with respect to • •r-T architect Or • • POUCY NUMBER: I.= A. For all sums which the insured becomes le- gally obligated to pay as damages caused by "occurrences" under Section I — Coverage A, and for all medical expenses caused by acci- dents under Section I — Coverage C, which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. A separate Designated Construction Proj- ect General Aggregate Limit applies to each designated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project Gen- eral Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "prod ucts-com p leted oper- ations hazardand for medical expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Desig- nated Construction Project General Aggre- CG 25 03 05 01 gate Limit for that designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Sc'tp4ole above. 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by 11 occurrences" under Section I — Coverage A, and for all medical expenses caused by accidents under Section I — Coverage C, which cannot be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products -completed Opera- tions Aggregate Limit, whichever is ao- plicable; and CG 25 03 05 09 10 Insurance Services Office, Inc., 2008 Page 1 of 2 2. Such payments shall not reduce any De ignated Construction Project Gene Aggregate Limit. C. When coverage for liability arising out of t '.products -completed operations hazard" provided, any payments for damages becau r. of "bodily injury" or "property damage" i cluded in the "prod u cts-co mpleted operatio hazard" will reduce the Products-complet Operations Aggregate Limit, and not redu the General Aggregate Limit nor the Desil nated Construction Project General Aggrega- - Limit. 11 D . If the applicable designated construction proj- ect has been abandoned, delayed, or aban- doned and then restarted, or if the authorized contracting parties deviate from plans, blue- prints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of Section III — Limits Of In- surance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 0' Insurance Services Office, Inc., 2008 CG 25 03 05 09 COMMERICAL GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT The Commercial General Liability Enhancement Endorsement is an op1|mne| endorsement that prmAdem coverage en- hancements, The following is mummery of broadened coverages provided by this endorsement, No coverage impro- vided by this mummory, refer to following endorsement for changes in your policy, • Elevators ............... --........ ................. ,___ .... ............ .---_-__.-~~.............. -~~-3 • Fire, Lightning, Explosion Or Sprinkler Leakage Exception ..... ...... -°...... _._.~°._^,,.~,.3 � Borrowed Equipment ($25000 Per Occurrence, $5O.00OAggregate, Supplementary Payments - Amended • Bail Bonds UpTo$5.OQO............ �_°................... .4 • Newly Formed Or Acquired Organizations For Up To 180 Days ................... • Blanket Additional Insured -Venclors -As Required By Contract ... ............ • Blanket Additional Insured - Lessor Of Leased Equipment... .............. .......... • Blanket Additional Insured - Managers Or Lessors Of Premises ............ ......... • Blanket Additional Insured - State Or Governmental Agency Or Subdivision Or Political Subdivision - Permits Or Authorizations ................................. 7 • Blanket Additional Insured - State Or Governmental Agency Or Subdivision Or Political Subdivision - Permits Or Authorizations Relating To Premises wevowsm Knowledge ofOccurrence, Offense, Claim OrSuit Amended~=___._~9 Unintentional Failure ToDisclose Hazards ......................... Insured Contract Amended__.___/_ .... ......... 10 Personal And Advertising Injury Redefined a Televised, Videotaped Or Electronic Publication .__`r__z.,,�__;__10 WN GIL 39 08 18 Includes copyrighted material of the Insurance Service Office, Inc.,with its perryission, Page 1 of 10 COMMERCIAL GENERAL LIABILITY With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified this endorsement. The SECTIONS of the Commercial General Liability Coverage Form identified in this endorsement be amended as shown below. I SECTION |—COVERAGES AMENDMENTS (3) Perking an "auto" on, or on the ways next to, premises you own or rent, pmmided the "auto" �������� ��—���|LT |�JU�� AND ������T� isnot owned byorrented wrloaned toyou or DAMAGE LIABILITY the insured; A. Non Owned Aircraft Or Watercraft WQ Liability assumed under any "insured con - Item 2. Exclusions, Paragraph g. is replaced by the tnsot" for the ommenahip, maintenance or use following: of aircraft or watercraft; or g. Aircraft, Auto Or Watercraft (5) "Bodily injury" or "property damage" ahsing "Bodily injury" or "property damage" ehaing out of out of the mwnenahip, mointenanoe, use or entrustment (a) The operation of machinery or equipment to others of any oinora8. "auto" or watercraft that is attached to, or part of, a land owned or operated byorrented or loaned to any vehicle that would qualify under the insured. Use includes operation and "loading or definition of "mobile equipment" ifi<were un|oodinQ^ not subject to a compulsory or financial This exclusion applies even if the claims against responsibility law or other motor vehicle any insured o||mge negligence or other vvron� insurance law where it is licensed or doing in the ouperviaion, hihng, emp|oynnent, principally garaged; or training or monitoring of others by that insured, if (b) The operation of any of the machinery or the ''oocunence" which caused the "bodily injury" equipment listed in Paragraph t (2) orf. or "property damage" involved in the ownership, (3) of the definition of "mobile equip - maintenance, use mrentrustment to others of any ment" aircraft, ''�u�o'' or watercraft that in owned or B. Damage To Property Coverage Extensions operated by or rented or loaned to any insured. Item 2. Exclusions, Paragraph j. is replaced by the This exclusion does not apply to: following: (i) A watercraft while ashore on premises you j. Damage To Property own or rent; , "Property damage"to: (2) Awatmrcraft you do not own that is: (1) Property you own. rent, or occupy, including (a) Less than 50 feet long; and any costs or expenses incurred by you. or (b) Not being used to carry persons or prop- any other person, orDnni7ntimn nr entity, for ertyfor acharge; repair, nap|anemenK, enhancement, remtonm Thia Subparagraph (2) applies to any peraon, bmn or maintenance of such property for any who with your expressed or implied oonsert, naason, including prevention of injury to a either uses oriaresponsible for the use mfthe person ordamage toenother's property; watercraft; (2) Premises you ne||, give away or abandon, if the "property domage" ahmes out of any part ofthose premises; WN GIL 39 08 18 Includes copyrighted material of the insurance Service Office, Inc., with its perrrission. Page 2 of 10 (3) Property loaned to you; (4) Personal property in the care, custody or con- trol of the insured; (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because ;I your work" was incorrectly performed on it, Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion or sprinkler leakage) to premises, including the contents of such premises, rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in SECTION III — LIMITS OF INSURANCE. However, the provisions of this paragraph do not apply if coverage for Damage To Premises Rented To You is excluded by endorsement. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3) and (4) of this exclusion do not apply to the use of elevators. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (4) of this exclusion does not apply to property damage" to borrowed equipment while not being used to perform operations at the jobsite. Subject to Paragraph 2. of SECTION III — LIMITS OF INSURANCE, the rules below fix the most we will pay for "property damage" under this provision-. (1) $25,000 any one "occurrence", regardless of the number of persons or organizations who sustain damages because of that "occurrence"; (2) $50,000 annual aggregate; and (3) We will pay only for damages in excess of $2,500 as a result of any one "occurrence", regardless of the number of persons or organizations who sustain damages because of that "occurrence". We may, or if required by law, pay all or any part of any deductible amount, if applicable, to effect settlement of any claim or "suit". Upon notice of our payment of a deductible amount, you shall promptly reimburse us for the part of the deductible amount we paid. Paragraph (6) of this exclusion does not apply to .1 property damage" included in the "products -com- pleted operations hazard". The insurance provided for "'property damage" fro the use of elevators and for "property damage" borrowed equipment is excess over any other val and collectible property insurance (including any d ductible portion thereof) available to the insur whether primary, excess, contingent or on any oth basis. 11 C� Damage To Premises Rented To You Item 2. Exclusions, the last paragraph is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Paragraph 6. of SECTION III — LIMITS OF INSURANCE. COVERAGE B — PERSONAL AND ADVERTISING INJURY LIABILITY D. Personal And Advertising Injury Item 2. Exclusions is amended by replacing Sub- paragraphs b. and c. with the following: b. Material Published With Knowledge Of Falsity "Personal and advertising injury" arising out of oral, written, televsed, videotaped or electronic publication, in any manner, of material, if done by or at the direction of the insured with knowledge of its falsity. c. Material Published Prior To Policy Period "Personal and advertising injury" arising out of oral, written, televised, videotaped or electronic publication, in any manner, of material whose first publication took place before the beginning of the policy period. SUPPLEMENTARY PAYMENTS — COVERAGES AND B E. Supplementary Payments — Coverages A and B Item 1. is amended by replacing Subparagraphs b. and d. with the following: b. Up to $5,000 for cost of bail bonds required be- cause of accidents or traffic law volations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. WN GL 39 08 18 Includes copyrighted material of the Insurance Service Office, Inc., with its pernrission, Page 3 of 14 A. Employee Bodily Injury To A Co -Employee Paragraph 2. a. (1) is replaced by the following: However, none of these "employees" or "volunteer workers" are insureds for "bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co - ;'employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of the co -"employee" or "volunteer worker' as a consequence of Paragraph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in (d) Arising out of his or her providing or failing to provide professional health care services. However, if a suit seeking damages for "bodily injury" or "personal and advertising injury" to any co - "employee" or other "volunteer worker" arising out of and in the course of the co2em play ee's " or "volunteer worker's" employment or while performing duties related to the conduct of your business, or a suit seeking damages brought by the spouse, child, parent, brother or sister of the co -"employee" or other .'volunteer worker", is brought against you or a co - ,.employee" or a "volunteer worker", we will reimburse the reasonable costs that you incur in providing a defense to the co -"employee" or "volunteer worker" against such matters. Any reimbursement made pursuant to this sub -section will be in addition to the limits of liability set forth in the Declarations. B. NewlyAcquired Organizations Paragraph 3. a. is replaced by the following: a. Coverage under this provsion is afforded only until the 1801h day after you acquire or form the organization or the end of the policy period, whichever i3 earlier; Blanket Additional Insured — Vendors — As Re- quired By Contract 1. Section 11 — Who Is An Insured is amended to include as an additional insured any person(s) or organization(s) (referred to throughout this endorsement as vendor) with whom you have agreed in a written contract, executed prior to loss, to name as an additional insured, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business. However, a. The insurance afforded to such vendor only applies to the extent permitted by law; and b. If coverage provided tothe vendor imrequired by a contract or agreement, the insurance afforded tnsuch vendor will not be broader than that which you are required by the contract or agreement to provide for such vendor. 2. With respect to the insurance afforded to these vendors, the following additional exclusions apply: a. The insurance afforded the vendor does not apply to: (1) "Bodily injury" or "property damage" for which the vendor isobligated topay dam- ages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement-, (2) Any express warranty unauthorized by you; (3) Any physical o/ chemical change in the product made intentionally bythe vendor; (4) Rmpmokaqin8, except when unpacked solely for the purpose of inapeoUun, demonotnation, teabng, or the substitution of parts under instructions from the manufacturer, and then repackaged inthe original container; WN GIL 39 08 18 Includes copyrighted material of the Insurance Service Mica, Inc.,with its permssion. Page 4 of 10 (5) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (8) "Bodily injury or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) The exceptions contained in Subparagraphs (4) or (6); or (II) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. 3. This Provision C. does not apply: a. To any insured person or organization from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products; b. To any vendor for which coverage as an addi- tional insured specifically is scheduled by endorsement; or c. When liability included within the "products - completed operations hazard" has been ex- cluded for such product either by the provi- sions of the coverage part or by endorse- ment. 4. With respect to the insurance afforded to these vendors, the following is added to Section III — Limits Of Insurance: If coverage provided to the vendor is required by a contract or agreement, the most we will pay on behalf of the vendor is: a. The minimum amount required by the contract or agreement; or b. The Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 5. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against an additional insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", in\nl\/ed the rendering of or failure to render any professional services by you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor. WN GL 39 08 18 Includes copyrighted material of the Insurance Service Office, Inc- with its perrTission, Page 5 of 10 D. Blanket Additional Insured — Lessor Of Leased Equipment 1. Section II — Who Is An Insured is amended to include as an additional insured any person(s) or organization(s) from whom you lease equipment when you and such person(s) or organization(s) have agreed in writing in a contract or agreement, executed prior to loss, that such person(s) or organization(s) be added as an additional insured on your policy. Such person(s) or organization(s) is an insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization (s). However, the insurance afforded to such additional insured: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person's or organization's status as an addi- tional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. 2. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is: a. The minimum amount required by the contract or agreement; or b. The Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 4. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: a. "Bodily injury", "property damage" or 1. personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against an additional insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the 1. occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services by you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor. Blanket Additional Insured — Managers Or Les- sors Of Premises 1. Section 11 — Who Is An Insured is amended to include as an additional insured any person(s) or organization(s) with whom you have agreed in a written contract, executed prior to loss, to name as an additional insured, but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you, subject to the following additional exclusions: This insurance does not apply to: a. Any "occurrence" which takes place after you cease to be a tenant in that premises. b. Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. WN GIL 39 08 18 Includes copyrighted material of the Insurance Service Ofice, Inc.,with its permission. Page 6 of 10 However: a . The insurance afforded to such additional insured only applies to the extent permitted by law; and b. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured, 2. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is: a. The minimum amount required by the contract or agreement; or b. The Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 3. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: a. "Bodily injury"property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against an additional insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the .1 occurrence" which caused the "bodily injury" or "property damageor the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services by you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor. F. Blanket Additional Insured — State Or Governmental Agency Or Subdivision Or Political Subdivision —Permits Or Authorizations Section 11 — Who Is An Insured is amended to in- clude as an additional insured any state or governmental agency or subdivision or political subdivision with whom you have agreed in a written contract, executed prior to loss, to name as an additional insured, subject to the following provisions. 1. This insurance applies only with respect to op- erations performed by You or on your behalf for which the state or governmental agency or sub- division or political subdivision has issued a permit or authorization. However: a. The insurance afforded to such additional insured only applies to the extent permitted by law; and b. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2. This insurance does not apply to: a. "Bodily injury", "property damage" or "per- sonal and advertising injury" arising out of op- erations performed for the federal govern- ment, state or municipality; or b. "Bodily injury" or "property damage" included within the "products -completed operations hazard". 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is: a. The minimum amount required by the contract or agreement; or b. The Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. WN GIL 39 08 18 Inciudes copyrighted material of the Insurance Service CXfice, Inc.,with its pernission. Page 7 of 10 4. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: a. "Bodily injury", "property damage" or .. personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying senvices, including: (1) The preparing, appro\Ang, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against an additional insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the 1. occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services by you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor. G. Blanket Additional Insured — State Or Governmental Agency Or Subdivision Or Political Subdivision —Permits Or Authorizations Relating To Premises Section 11 — Who Is An Insured is amended to in- clude as an additional insured any state or governmental agency or subdivision or political subdivision with whom you have agreed in a written contract, executed prior to loss, to name as an additional insured, subject to the following provision: 1. This insurance applies only with respect to the fol- lowing hazards for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization in connection with premises you own, rent or control and to which this insurance applies: a. The existence, maintenance, repair, construction, erection or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures; or b. The oonstmobon, erection or removal of elevators; or c. The ownemhip, maintenance or use of any elevators covered by this insurance. However. m. The insurance afforded to such additional insured only applies tothe extent permitted by law; and b. If coverage provided hzthe additional insured is required by o contract or agn*mment, the insurance afforded 1msuch additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2. With respect to the insurance afforded to these additional insureds, the following is added to Section U|—Umits Of Insurance: If coverage provided hothe additional insured is required by acontmot or agreement, the most we will pay on behalf ofthe additional insured is: a. The minimum amount required by the contract oragreement; or b. The Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable UmKm of Insurance shown in the Declarations. 3. With respect to the insurance afforded to these additional ineun*ds, the following additional exclusion applies: This insurance does not apply to: a. "Bodily injury''. "property damage" or "personal and advertising injury" arising out ufthe rendering of, or the failure to nandmr, any professional architectural, engineering or surveying senjcmm. including: (1) The pnspahnQ, appooving, or failing to prepare or mpprove, mapo, shop drmwngs, opiniona, neporto, surveye, field ovdeve, change orders or drawings and specifications; or (2) Supmrvimory, inmpecUon, architectural or WN GIL 39 08 18 Includes copyrighted rnaterialof the Insurance Service Mice, Inc.,with its perrnission� Page 8 of 10 This exclusion applies even if the claims against an additional insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the 11 occurrence" which caused the "bodily injury" or "property damageor the offense which caused the "personal and advertising injury", involved the rendering of or failure to render Pny pr*fes,3i#,A2.l sra%.ices Wy y#,u %witW res��ct to your providing engineering, architectural or surveying services in your capacity as an _ngineer, architect or surveyor. 6. Subject to Paragraph 5. above, the most we will pay under Coverage A for damages because of 11 property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning, explosion or sprinkler leakage, while rented to you or temporarily occupied by you with permission of the owner is the greater of: �11 I I �44 b. The amount shown next to the Damage To Premises Rented To You Limit in the Decla- rations. However, the provisions of this paragraph do not apply if Damage To Premises Rented To You Coverage is excluded by endorsement. B. Medical Expense Limit Paragraph 7. is replaced with the following: 7. Subject to Paragraph 5. above, the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person is the greater of: a. $10,000; or b. The amount shown next to the Medical Ex- pense Limit in the Declarations. This insurance does not apply if coverage for Medical Expenses is excluded either by the pro- visions of the coverage part or by endorsement. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS AMENDMENTS A. Knowledge Of Occurrence Item 2. Duties In The Event Of Occurrence, Of- fense, Claim or it is amended by adding the fol- lowing: e. You must give us or our authorized representa- tive prompt notice of an "occurrence", claim or loss only when the "occurrence", claim or loss is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) An executive officer or insurance manager, if you are a corporation; or (4) A member or manager, if you are a limited liability company. B. Other Insurance Item 4. Other Insurance, b. Excess Insurance (1) (a) (I!) is replaced by the following: (ii) That is fire, lightning, explosion or sprinkler leak- age insurance for premises rented to you or temporarily occupied by you with permission of the owner; C. Unintentional Failure To Disclose Hazards Item 6. Representations is replaced by the following: 6. Representations And Unintentional Failure To Disclose Hazards a. By accepting this policy, you agree: (1) The statements in the Declarations are accurate and complete; (2) Those statements are based upon repre- sentations you made to us; and (3) We have issued this policy in reliance upon your representations. b. If you unintentionally fail to disclose any haz- ards existing at the inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. WN GIL 39 18 18 Includes copyrighted material of the Insurance Service Cff ice, Inc., with its pernission, Page 9 of 10 D. Waiver • Subrogation Item 8. Transfer • • • • •. Others to Us is hereby amended by the addition of the following: We waive any right of recovery we may have because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a written contract, executed prior to • requiring such waiver with that person ♦ organization and included in the "products -completed operations hazard". However, ♦' ♦ may only be waived prior to the "occurrence" giving rise to the injury or damage for which we make ♦. under this Coverage Part. The insured must do nothing after a loss to impair our rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce those rights. A. •;, • Amended Paragraph 9. a. is replaced by the following: a. A contract for a lease of premises. However, that portion • the ♦ for a lease • • that indemnifies any person or organization for damage by fire, lightning, explosion or sprinkler leakage to premises while rented to you ♦: temporarily occupied by you with permission of the owner is not an "insured contract"; B. Personal And Advertising Injury Redefined Paragraph is • e. are replaced ♦ the following: d. Oral, written, televsed, videotaped or electronic publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or service; e. Oral, written, televised, videotaped or electronic publication of material that violates a person's right of privacy; WN GIL 39 08 18 Includes co The Business Auto Enhancement Edge 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 the following endorsement for changes in your policy. MUM i 0316-IMPON E RAGES PAGE Accidental Airbag Deployment Coverage 5 Audio, Visual and Data Electronic Equipment — Limit Amended 5 Auto Loan/Lease Gap Coverage 5 Blanket Additional Insured 3 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 4 Employee Hired Auto 6 Fellow Employee Coverage 3 Hired Auto Physical Damage Coverage 3,6 Knowledge of Accident, Claim, Suit or Loss 5 Loss Of Use Expenses - Amended 3 Personal Effects 3 Primary and Noncontributory If Required by a Written Contract or Written Agreement 6 Rental Reimbursement Coverage 4 Supplementary Payments - Amended: • Bail Bonds up to $5,000 3 • Loss of Earnings up to $5001Day 3 Temporary Substitute Vehicle Physical Damage 2 Towing 3 Transportation Expense Limits —Amended 3 Unintentional Failure to Disclose Hazards 6 WN CA 80 06 19 Page I of 6 Includes copyrighted material of Insurance Services Office, with its permission. WN CA 80 06 19 Iff AR �11 1-dw-MMUR" ME= this endorsement, The SECTIONS of the Business Auto Coverage Form identified in this endorsement will be amended as shown below. SECTION I — COVERED AUTOS COVERAGE AMENDMENTS A. Temporary Substitute Vehicle Physical Damage SECTION I — COVERED AUTOS, C. Certain Trailers, Mobile Equipment And Temporary Substitute Autos is amended by adding the following: If a covered "auto" you own is out of service because of its: a. Breakdown; b. Repair; c. Servicing; d. "Lossor e. Destruction; the Physical Damage Coverages provided by t I Business Auto Coverage Form for that disabil covered "auto" are extended to any "auto" you do n i temporary SUDSMUle Tor infe uuveftiu dILU of service. SECTION 11 — COVERED AUTOS LIABILITY COVERAGE AMENDMENTS A. Who Is An Insured i WIN GUTLRAUL, A. Uoverage, 1. kino 15 An Ir LH-ULL11 amended to add: d. Any legally incorporated subsidiary of yours in which you own more than 50% of the voting stock on the effective date of this coverage form. However, "insured" does not include any subsidiary of yours that is an "insured" under any other automobile liability policy or would be an "insured" under such policy but for termination of such policy or the exhaustion on such policy's limits of insurance. Any organization which is newly acquired or formed by you and over which you maintain majority ownership. However, coverage under this provision: afforded only for the first 180 days after you acquire or form the organization or until the end of the policy period, whichever comes f i rst; (2) does not apply to "bodily injury" or "property damage" that results from an "accident" that occurred before you formed or acquired the organization; (3) does not apply to any newly acquired or formed organization that is a joint venture or partnership; and (4) does not apply to an "insured" under any other automobile liability policy or would be an "insured" under such a policy but for ter- mination of such policy or the exhaustion of 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. g. Any "employee" of yours is an "insured" while operating a covered "auto" hired or rented under a contract or agreement in the "employee's" name, with your permission, while performing duties related to the conduct of your business. WN CA 80 06 19 Includes copyrighted material of Insurance Services Office, with its permission Page 2 of 6 IME-11FRIMM-Mor, SECTION 11 - COVERED AUTOS LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, paragraph c. is amended to add the following: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before thebodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an additional insured is an "insured" for Liability Coverage, but only for damages to which this insurance applies and only to the extent that persons or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section 11. C. Liability Coverage Extensions - Supplementary Payments SECTION 11 - COVERED AUTOS LIABILITY COVERAGE, A. Coverage, 2. Coverage Extensions, a. Supplementary Payments is amended by replacing subparagraphs (2) and (4) with the following: (2) Up to $5,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. D. Fellow Employee Coverage SECTION 11 - COVERED AUTOS LIABILITY COVERAGE, B. Exclusions, 5. Fellow Employee, the following is added: Co -Employee Lawsuit Defense Cost Reimbursement If a suit seeking damages for "bodily injury" to any fellow "employee" of the "insured" arising out of and in the course of the fellow "employee's" employment or while performing duties related to the conduct of your business, or a suit seeking damages brought by the spouse, child, parent, brother or sister of that fellow "employee", is brought against you, we will reimburse reasonable costs that you incur in the defense of such matters. Any reimbursement made pursuant to this sub -section will be in addition to— the limits of liability set forth in the Declarations. SECTION III - PHYSICAL DAMAGE COVERAGE AMENDMENTS A. Towing SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, 2. Towing, is amended by adding the following.- 2, Towing We will pay up to $250 for towing and labor costs incurred each time a covered "auto" is disabled. However, the labor must be performed at the place of disablement. This $250 limit is reduced by any applicable towing limit shown in the declarations. Regardless of the number of disablements, the maximum amount we will pay under this endorsement for all towing and labor costs combined during any one year is $2,500. B. Transportation Expense - Limits Amended SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, a. Trans- portation Expenses is amended by replacing $20 per day/$600 maximum limit with $50 per day/$1,000 maximum. C. Hired Auto Physical Damage - Loss Of Use Expenses - Limits Amended SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, b. Loss of Use Expenses is amended by replacing the $20 per day/$600 maximum limit with $50 per day/$750 maximum limit. Personal Effects Coverage SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions is amended by adding the following: c. Personal Effects We will pay up to $500 for "loss" to personal effects, which are: (1) Owned by an "insured"; ang (2) In or on your covered "autcl This coverage applies only in the event of the total theft of your covered "auto." No deductible applies to this coverage WN CA 80 06 19 Includes copyrighted material of Insurance Services Office, with its permission Page 3 of 11 SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, 3. Glass Breakage — Hitting A Bird Or Animal — Failing Objects Or Missiles, is amended by adding the following: No deductible will apply to glass breakage if such glass is repaired, in a manner acceptable to us, rather than replaced. F. Hired Auto Physical Damage SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage is amended by adding the following: 5. Hired Auto Physical Damage If hired "autos" are covered "autos" for Liability Coverage and if Comprehensive, Specified Causes of Loss, or Collision coverages are pro- vided under this coverage form for any "auto" you own, then the Physical Damage Coverages provided are extended to "autos" you hire of like kind and use, subject to the following: a. The most we will pay for any one "loss" is $50,000 or the actual cash value or cost to repair or replace, whichever is less, minus a deductible; b. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. Any Comprehensive deducti- ble does not apply to "loss" caused by fire or lightening; c. Hired Auto Physical Damage coverage is excess over any other collectible insurance; and d. Subject to the above limit, deductible and excess provisions we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. If a limit for Hired Auto Physical Damage is indicated in the Declarations, then that limit replaces, and is not added to, the $50,000 limit indicated above. 5fl1§�=l,1TJZTT =- Wit Coverage, is amended by adding the following: 6. Rental Reimbursement This coverage applies only to a covered "auto" of the private passenger or light truck type as follows: a. We will is for rental reimbursement expenses incurred by you for the rental of a private passenger or light truck type "auto" because of "loss" to a covered private pas- senger or light truck type "auto". Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered private passenger or light truck type ,.auto." No deductibles apply to this coverage. b. We will pay only for those expenses incurred during the policy period beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, with the lesser of the fol- lowing number of days: (1) The number of days reasonably required to repair or replace the covered private passenger or light truck type "auto". If "loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered private passenger or light truck type "auto" and return it to you -I or (2) 30 days. c. Our payment is limited to the lesser of the following amounts: (1) Necessary and actual expenses incurred, or (2) $50 per day, up to a maximum of $1,000, WN CA 80 06 19 Includes copyrighted material of Insurance Services Office, with its permission Page 4 of 6 q d. This coverage does not apply while there are spare or reserve private passenger or light truck type "autos" available to you for your operations. "loss" results from the total theft of a covered "auto" of the private passenger or light truck type, we will pay under this cover- age only that amount of your rental reim- bursement expenses which is not already 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. H. Accidental Airbag Deployment Coverage SECTION III — PHYSICAL DAMAGE COVERAGE, A . Coveraqe is amended by adding the following: 7. Accidental Airbag Deployment Coverage We will pay to reset or replace factory installed airbag(s) in any covered "auto" for accidental discharge, other than discharge due to a collision loss. This coverage is applicable only if comprehensive coverage applies to the covered "auto". This coverage is excess over any other collectible insurance or reimbursement by manufacturer's warranty. Auto Loan/Lease Gap Coverage SECTION III PHYSICAL DAMAGE COVERAGE, Item A., Coverage, is amended by adding the following: This coverage applies only to a covered "auto" Declarations as including physical damage coverage. "auto" described or designated in the Schedule or in the Declarations, we will pay any unpaid amount due on the lease or loan for a covered "auto" less: a. The amount paid under the Physical Damage Coverage Section on the policy; and lb. Any: (1) Overdue lease/loan payments at the time of the "loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (5) Carry-over balances from previous loans or leases. J. Audio, Visual and Data Electronic Equipment — Limit Amended SECTION III - PHYSICAL DAMAGE COVERAGE, C. Limits of Insurance, 1.b. is amended by replacing the $1,000 limit with a $2,500 limit. SECTION IV — BUSINESS AUTO CONDITIONS AMENDMENTS A. Duties In The Event Of Accident, Claim, Suit Or Loss Amended SECTION IV — BUSINESS AUTO CONDITIONS, A. Loss Condons, 2. Duties In The Event Of Accident, Claim, Suit Or Loss, a. is amended by adding the following: This condition applies only when the "accident" or "loss" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) An executive officer or insurance manager, if you are a corporation; or (4) A member or manager, if you are a limited liability company. But this section does not amend the provisions relating to notification of police, protection or exami- Section IV — BUSINESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer of Rights of Recovery Against Others to Us, is amended by adding the following exception: However, we waive any right of recovery we may required of you by a written contract signed and executed prior to any "accident" or "lossprovided that the "accident" or "loss" arises out of operations contemplated by such contract. The waiver applies contract. WN CA 80 16 19 Includes copyrighted material of Insurance Services Office, with its permission Page 5 of 6 General Conditions, 2. Concealment, Misrepre- sentation Or Fraud, is amended by adding the following paragraph: If you unintentionally fail to disclose any hazards existing at the inception date of the policy, or during the policy period in connection with any additional hazards, we will not deny coverage under this Cov- erage Part because of such failure. • •=i= b. i3 deleted and roplaco by tho following: b. For Hired Auto Physical Damage Coverage, t following are deemed to be a covered "auto" y own". (1) Any covered "auto" you lease, hire, rent or borrow. (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". E. Primary and Noncontributory If Required By Written Contract or Written Agreement SECTION IV — BUSINESS AUTO CONDITIONS, B. General Conditions, 5. Other Insurance c., the following is added and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage is primary to and will not seek Contribution from any other insurance available to an "insured" under your policy provided that: (1) Such "insured" is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". WN CA 80 06 19 Includes copyrighted material of Insurance Services Office, with its permission Page 6 of 6 1. CONTRACT BOND and no. WAC56226 i T :sir T, 102 K0141 I was] WII R I i A Y0 to furnish a bond for the faithful performance of said contract: 1111101H.U61 ITAMMA M.1 92, H61H UNION MTY_*'6M_A1 IfFIS IS StCM, that it the above boncled principal shall taithtully pertorm allot the provisions ot said contract laborers, mechanics, sub -contractors and material men. and all Dersons who shall suoolv said Drincinal or sub -contractors with Drovisions and . a 11PI&M.110 , 0 . a - I I Ms 5 ZWWR � in- VVIXT-0 0 -lit 1, 100111 .1 10 Oteeciect or appointea oTriciais, narmiess Trom any damage or expense Dy reason OT Tanure ot performance as specitied in sa, con, rac 25th day of May 2o23 p ved as to form: 56-V* WA-TIQAJ� (City Attorney) MzEfflm� pl� "P 1) ' I By: (Signature) (Print Name) MR Merchants Bonding Company (Mutual) (Surety) By., �(Signarurej��� Jamie L Marques Z20=1 Attorney -in -Fact (Title) MERCHAN`74�k BONDING COMPANY,. POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa, d/b/a Merchants National Indemnity Company (in California only) (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Aliceon A Keltner; Alyssa J Lopez; Amelia G Burrill; Annelies M Richie; Brandon K Bush; Brent E Heilesen; Carley Espiritu; Christopher Kinyon; Cynthia L Jay; Eric A Zimmerman; Holli Albers; James B Binder; Jamie L Marques; Julie R Truitt; Justin Dean Price; Katharine J Snider; Lindsey Elaine Jorgensen; Lois F Weathers their true and lawful Attorneys) -in -Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney-m-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty �30) days prior to the modification or revocation, In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 8th day of December 2022 MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. d/bla MERCHANTS NATIONAL INDEMNITY COMPANY By r2 President Presid�ent -#* � - STATE OF IOWA 0, 1�r - COUNTY OF DALLAS ss. 41110##11 1,400* On this 8th day of December 2022 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. Wq 4, Kim Lee s, Commission Number 702737 My Commission Ex 'res ffivvvl­ AP6114,2024 P Notary Public (Expiration of notary's commission does not invalidate this instrument) 1, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies-- on this 25th day of May a. Secretary 223�fi s F, Ism