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HydroScience Engineers - 2014 Agreement - Amendment No. 20 AMENDMENT TO THE AGREEMENT FOR SERVICES BETWEEN CITY OF GILROY AND HYDROSCIENCE ENGINEERS, INC. FOR THE FIRST STREET WATER AND STORM DRAIN UTILITY IMPROVEMENTS PROJECT PROJECT NO. 16-PW -217 PURCHASE ORDER NO. 140764 DATED MARCH 10, 2014 AMENDMENT NO.2 This Amendment shall become effective when it has been signed by the City Administrator, Project Manager, and Consultant. All copies forwarded to Consultant for signature shall be returned to the City of Gilroy properly filled out. Upon acceptance by the City, the Consultant's copy will be returned to him as his authority to proceed with the work. This amendment is for additional design and permitting services for the First Street Water and Storm Drain Utility Improvements as per the attached scope of work, in an amount not to exceed $159,655. All requirements of the original Agreement Documents shall apply to the above work except as specifically modified by this Amendment. The contract time shall not extend unless expressly provided for in this Amendment. HYDROSCIENCE ENGINEERS, Inc. hereby agrees to perform the above work subject to the terms of this Amendment for additional design and permitting services. Consultant ./-�HydroScienceAEngineers, Inc. B % ' Y Wary Hoan POW Principal Enr eer Date V ACCEPTED: —PM J- &*L-aedm— ?- / 1-:7 P ject Manager ate Department Head IIDate \ J z t7 City Administrator Date CORI1>a CERTIFICATE OF LIABILITY INSURANCE -- — DATE( - nAnvDOlYYYY) PRODUCER K1WT INSURANCE BROKERAGE 2040 Shasta Street, Ste C Redding, CA 96001 (530)605-4780 THIS CERTIFICATE IS. ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND `OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# INSURED - Iiydroscience Engineers, Inc. 10569 Old Placerville Road Sacr8meiito,. CA 95827 INSURER A '--- 9rops"T r ez 2 5 67 4 RISURERB: American Fire & Casualty Company 24066 INSURER C: Continental Casualty Company 20443 INSURER D: S 1 OOO O INSURER E: S 1 "'OOO 000 nn� irn w r_�e 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 CONDITIO_ NS'OF SUCH POLICIES. AGGREGATE Lmrrs SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. L� POLICY NUMBER OA I Y ECTtVE O TION LIMITS GENERAL LIABILITY EACH-OCCURRENCE S 1 OOO O PREMISES` Ea c=trerxa S 1 "'OOO 000 X COMMERCIALGENERAL LIABILITY MED EXP (Any ono peraml) _ 5 - .. - 5,000 CLAM MADE ® OCCUR PERSONAL &ADVUIJURY S 1,000,000 A Y 6805H5589741647 12/18/16 12/18/17 GENERAL AGGREGATE t 2.000.000 GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS_ CONIPlOPAGG E 2 000 000 % POLICY PCT LOC AUTOMOBt ELU18dITY ANYAUTO COMBINED SINGLE LIMIT (Ea acdeem) S 1,000,000 BODILYINJURY (Per percon) S X ALL OWNED AUTOS SCHEDULED AUTOS BODILYINJURY (Peraceltler t) S B y x HIRED AUTOS NON-OWNEDAUTOS BAA(18) 56353680 2/9/17 2/9/18 PROPERTY DAMAGE (PeracdGerlt) $ GARAGE LIABILITY AUTO ONLY- EAACCIDENT S. OTHER THAN EAACC...S_ AUTOONLY: . ANYAUTO EXCESSIUMBREL.LA LIABILITY EACH OCCURRENCE S .4 '666- 060 AGGREGATE S _ - OCCUR CLAIMS MADE $ CUP4536T31A 12/18/16 12/18/17 S - A DEDUCTIBLE S RETENTION S WORKERS COMPENSATION AND TATI X I TORY LIMITS E E.L EACH ACCIDENT S ,,1 000 000 A EMPLOYERS' LIABILITY ANY PROPRIETO"ARTNERMY.ECUTNE OFFICERNEMBEREXg1W" XJUB4231T09A17 3/1/17 3/1/18 E.LDISEASE - EAEMPLOYE .$ .'1'- OOO..- -0.00 E. L. DIS£ASE;P000Y_LOAIT �S .1 OOO � t1yyees.onedbounaer SPECIAL PROVISIONS below OTHER 5,000,000 -per claim C Professional AER288365407 12/18/16 12/18/17 1 $5,000,000 aggregate Liability $25,000 Deductible DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES! EXCLUSIONS ADDED BY ENDORSEMENT SPECIAL PROVISIONS Project: Engineering for 1st Street Water Main Replacement The City of Gilroy and its officials, officers, agents and employees are included as additional insureds for general & auto liability for the coverages afforded herein. Coverage is primary with waiver of subrogation. City of Gilroy Public Works Department 613 Old Gilroy Street Gilroy, CA 95020 A rno n -2e Iron Inca SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILLTO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ©ACORD CORPORATION 1988 POLICY'NUMBER: 680-SES58974-16-4.7 COMMERCIAL GENERAL LIABILITY ISSUE DATE.: 10/19/2016 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.. SCHEDULED ADDITIONAL INSURED .(ARC . H I I TE . CTS, ENGINEERS G E R AND SURVEYORS This .endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAME OF PERSONS OR ORGANIZATIONS: CITY OF dILROY PROJECT /LOCATION OF COVERED OPERATIONS* ENGINEERING FOR 1ST STREET WATER MAIN REPLACEMENT PROVISIONS I.. The following is added to SECTION 11 — WHO IS e. This insurance does not apply to the AN INSURED: rendering of or . failure to render any The person or organization . shown in the "Professional services'. Schedule iabove is an additional insured on this f. In the. event that the Limits of lnsurance of th e* Coverage Part, but: Coverage Pan shown in :the Dedaftiti6ns excoed",the limits of.. liability 'ire­uired_by the a. Only with respect to liability for "bodily'injury", -written contract requiring in.suranci?: the "property damage" or °personal injury". and insurance provided to the additional I insured b. If, Ind only to the. extent that, the injury or shall be limited to the limits of liability ireqUired damage is caused by acts or omissions of by that "written contract :(OUirin§,,Iq$urahcd". you or your subcontractor in the performance This endorsement does not increase. 'the of 'Your work" to which the "written contract limits of insurance described in Section .111 — requi.ring insurance" applies, ies, or in connection Limits Of Insurance. with pre . mises owned by or rented to you. g. This insurance does '.not, apply to "bodily The person or organization does not qualify as an injury" or "property caused b- nyour .ge caus . y additional insured: work" and included in. the *products- completed operations hazard" Unless the. c. With respect to the independent acts or written contract requiring insurance" omissions of such person or organization; or specifically requires you to o provide such d. For "bodily' injury", "property damage" or coverage for that additional insured, and then "personal injury" for which such person, or the insurance provided to that additional organization has assumed liability in a insured . applies only to such "bodily injury" or contract or agreement. n property damage that occurs -before the end of the period of time for which the "Written The insurance provided to such additional insured . contract requiring insurance" requires you. to is limited as follows: provide such coverage or the end of the policy period, whichever is earlier. CG D3 82 0915 0 2015 The Travelers Indemnity Company, All rights reserved. Page 1 of 2 Includes the copyrighted material of InsuranicaZervices Office, Inc., with its permissloh COMMERCIAL GENERAL LIABILITY 2. The. following is added to, Paragraph 4.a. of SECTION IV — .COMMERCIAL GENERAL LIABILITY CONDITIONS: The insurance provided to the additional insured shown in the Schedule above is excess over any valid and collectible other insurance, :whether primary, ,excess, contingent or on any other basis, that is avalable.to the additional insured for a loss We cover.. However, if you specifically agree in the "written . contract requiring insurance" that this insurance provided to . the additional insured under this Coverage Part must apply on a primary basis or primary and non - contributory basis, this insurance is primary to other insurance available the additional insured which covers that person or organization as a named insured for such loss, and we will not share with the other insurance, provided that: (1) The "bodily injury or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is .sought arises, out of an offense committed; after :you have signed that "written .contract requiring insurance ". But this insurance provided to the additional insured still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured when that person :or organization is an additional insured under any other insurance. 3. The following is added to Para graph 8.. Transfer Of Rights Of Recovery, .Against Other's "To Us, of SECTION_ IV — COMMERCIAL ,GENERAL LIABILITY CONDITIONS: We waive any right of recovery 'we may have against -the additional insured shown in -the, Schedule above because of,'pawmake y for "bodily injury". "property damage" `or °personal, . injury"'arising out of "your work" on or for the project, or at the location, shown in:the Schedule above, performed by you or on your behalf, done under a. "written contract requiring insurance ".with that person or organization, We waive this right only where you have-agreed to do so as part. of the "written contract requiring 'insurance" With such person or, organization signed by you before, and in effect when, -the "bodily" injury" or "property damage" occurs, or the "personal injury" offense is committed. 4. The following. definition is added to the DEFINITIONS ection: "Written contract requiring insurance°.nieahs that part of any: written :contract: with the person or organizations shown in : the Schedule above, under which you are required to include that person or organization as an additional ;insured . on this Coverage Part, provided that _the. 'Wily injury" and "property damage° occurs and 'the' "personal 'injury" is caused. by an .offense committed: a. After you have signed that written contract; b. While that part of the written contract is in effect: and c. Before the end of the policy period. Page 2 of 2 ® 2015 The Travelers Indemnity Company: All rights reserved. CG D3 $2 09 15 Includes the copyrighted material of Insurance Services Office, Inc., with its permission . TRAVEL ER,S J ONE TOWER SQUARE HARTFORD', CT 06183 WORKERS-COMPENSATION 'AND' EMPLOYERS LIABILITY.POLICY ENDORSEMENT WC 99 03 76(A) - 001 POLICY NUMBER: ( XJUB -401 T09 -A =17 ) i WAIVER OF OUR RIGHT TO ,RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We :will not enforce our right against the person or organization named in the Schedule. The additional 'prerriiurri for this endorsement shall be 03.00 % of', he California workers' compensation pre- Mum. Schedule Person or Organization ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY :WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO.FURNISH THIS WAIVER: This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement Is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No. Insured _ .Premium Insurance Company countersigned by DATE OF.ISSUE: 01 -09 -17 ST ASSIGN: Page 1 of 1 a R Policy No. BAA (18) 56353680 BUSINESS AUTO COVERAGE FORM Various provisions in this .policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words 'you" and °your' refer to the Named Insured shown in the Declarations. Th e words "we', 'us" and *our' refer to the Company providing this Insurance. Other words and phrases that appear I in quotation marks have special meaning. Refer to Section V - Definitions. CA 00 0163 06 SECTION I - COVERED AUTOS ITEM TWO of the Declarations shows the 'autos' that are covered "autos' for each of your cov- erages. The following numerical symbols de- scribe the °autos° that may be covered 'autos ". The symbols entered next to a coverage on the Declarations designate the only "autos' that are covered 'autos ". A. Description Of Covered Auto Designation Symbols Symbol Description Of Covered Auto Designation Symbols 1 An 'Auto" 2 Owned Only those 'autos" you own (and for Liability Coverage any 'trailers* 'Autos" you don't own while attached to power. units you own.) This Includes Only those *autos' you acquire ownership of after the 6oll beciths. 3 Owned Only the private nvate passenger 'autos" you own. This includes those private Private passenger 'autos' you acquire ownership of after the policy begins. Passenger 'Autos' Only 4 Owned Only those 'autos' you own that are not of the private passenger type °Autos" Other (and for Liability Coverage any °trailers° you don't own while attached Than Private to power units you own). This includes those °autos° not of the Passenger private passenger type you acquire ownership of after the policy begins. "A ° Only 5 Owned Only those 'autos' you own that are, required to have No-Fault benefits 'Autos' in the state where they are licensed or principally garaged. This Subject includes those °autos" you acquire ownership of after "the policy begins To No-Fault provided they are required to have No-Fault benefits in the state where they are licensed or principally garaged. 6 Owned Only those 'autos' you own that because of the law in the state where 'Autos" they are licensed or principally garaged are required to have and Subject cannot reject Uninsured Motorists Coverage. This Includes those To A °autos" you acquire ownership of after the policy begins provided Compulsory they are subject to the same state uninsured motorists requirement. Uninsured Motorists Law 7 Specifically Only those 'autos" described in Item Three of Declarations for which Described a premium charge Is shown (and for Uability Coverage any 'trailers' "Autos' you don't while attached to r unft d escribed In t B Hired "Autos" Only those "autos" you lease, hire, rent or borrow. This does not include Only any "auto' you lease, hire, rent, or borrow from any of your "employees ", partners (if you are a partnership), members (if you are a limited liability company) or members of their households. CA 00 01 03 06 OISO Properties, Inc., 2005 Page 1 of 13 I i 0 S mbol. Dest:ri tion -Of v r id Auto Designation Symbols 9 Non -Owned Only those "autos" you. do not own, lease, hire, rent or borrow that °Autos° are used in connection 44th :.your includes *autos"_ owned. _business..This Only by your "employees °; partners` (if You -are. A partnership), m; embers (if you. are. a Gmrted liability. 'company),. :or_ members of their households but only While 'used in wour .busin ' _ 'or - our ' rsonal affairs. 19 Mobile Equip- Only otiose "autos° . 'thaf are land vehicles and that would qualify : under 'the ment Subject definition of °mobile 'equipment° under'this ":policy If 'they .:were. not To Corrpul- subject to a compulsory :or financial responsibility law or other sory Or motor vehicle. Insurance law where they are licensed or principally garaged. Financial Responsibility Or Other Motor Vehicle Insurance Law .OhIV e.. Owned Autos you Acquire After The Poilcy Begins 1. If. symbols 1, 2, 3, 4, 5, 6 or 19 are entered next t6 .a coverage in ITEM 7WO :of the Declarations, then you have .cow erage -for °autos° that you acquire of the type described for the remainder of the policy period. 2. But, if ;symbol 7 is .entered next to a :coverage in ITEM TWO of the Declara- tions, an °auto° you acquire will be a covered "auto.' for that coverage only if: a. We already cover all 'autos* that you own for that coverage or it re- places an 'auto" you previously owned that had that coverage; and b. You tell us Within. 30 days after you acquire it that you want us to cover it for that coverage. C. Cd taln Trailers, Mobile Equipment And Tem- porary Substitute Autos If Liability Coverage is provided by this Cov- erage Form, the following types of vehicles are also covered 'autos' for Liability Cov- e erage: 1. 'Trailers" with a load capacity of 2,000 pounds or less designed primarily for travel on public, roads. 2. "Mobile equipment" while being carried or towed by a covered 'auto." 3. Any "auto" you do not own while used with the permission of its owner as a temporary substitute for a covered "auto" you own that is out of service because of its: a. Breakdown; b. Repair, c. Servicing; d. "Loss". or e. Destruction SECTION It- uOILITY COVERAGE A. Coverage We will pay ,all .`sums an _ °insured° Iegaily must pay.. as . damages: - because of. =°bodily Injury" or '"property­ damage°' to which this Insurance applies, `caused by ;an "acradent" and resufting from the ownership; mainten. ance. or use of a _covered °auto' We will also pay all sums an - °insured" le= gaily must .pay as a °covered - pollution .cost or .expense" to which this insurance applies, caused by an "accident" And resulting from the ownership, maintenance or use of cov Bred °autos." However, we will only :pay for the °covered pollution. 'cost or expense" there Is either °bodly Injury" or °property damage° .to which this insurance applies that. is caused by the same "ardent' We have the right -and :duty to 'defend. .Any *insured' against a °suit° asking for :such damages or "a *covered 'pollution cost or'. ex- - pense °. However, we have no ' duty ,to defend any "insured against a "suit" seeking dam- ages for 'bodily.' injury° or "property' dam- age* or a °covered pollution .';cost or expense" to which this insurance 'does not apply. We may investigate and settle any claim or "suit° as we consider appropriate; Our duty to defend or settle ends when . the Liability Coverage Umit of Insurance has been exhausted by payment of judgments or settlements. 1. Who Is An Insured The following are "insureds ": a. You for any covered "auto b. Anyone else while using .with your permission a covered "auto' you own, hire or borrow +except: CA 00 01 03 06 ®ISO Properties, Inc., 2005 Page.2 of 13 Policy No. BAA (18) 56353680 (1) The owner or anyone else from whom you hire or 'borrow a cov- ered "auto ". This exception does not. apply if the covered "auto" is a "trailer" connected to a cov- ered "auto" you own. (2) Your "employee" If the covered "auto" is owned by that °em- ployee" or a member of his or her household. (3) Someone ..using a covered "auto" while he or she Is work - Ing in a business of selling, ser- vicing, repairing, parking or storing "autos" unless that busi- ness is yours. (4) Anyone other than. your "em- pioyees ", partners (it you are a 'partnership), members (if you are a limited liability company), or a lessee or borrower or any of their °employees ", while moving property to or from a covered °auto% (5) A, partner (if you are a .partner - ship), or a member (if you are a limited liability company), for a covered °auto" owned by him or her or a member of his or her household. a Anyone liable for the conduct of an "insured" described above but only to. the extent of that liability. 2. Coverage Extensions a. Supplementary Payments. We will pay for the "insured': (1) All expenses we Incur. (2) Up. to $2,000 for cost of bail bonds (including bonds for re- lated traffic law violations) re- quired because of an "accident" we cover. We do not have to furnish these bonds. (3) The cost of bonds to release at- tachments in any "suit against the "insured" we defend, but only for bond amounts within our Limit of Insurance. (4) All reasonable expenses incurred by the "insured" at our request, Including actual loss of earnings up to $250 a day because of time off from work. (5) All costs taxed against the "in- sured" in any °suit" against the "insured" we defend. (6) All Interest on the full , amount of any judgment :that accrues after entry of the judgment in any "suit" against the °insured° we defend, but our duty to :pay in- terest ends. when we have paid, offered to pay or _ deposited in court the part of .the judgment that is within our Limit of insur- ance: These payments will not reduce the Limit of Insurance. b. Out of State Coverage, Extensions. While a covered °auto° Is away from the state where It Is licensed we will: (1) Increase the :Limit of Insurance for .Liability Coverage to meet the .limits specified by a compui sory or financial responsibility law of the jurisdiction `where. -the covered °auto° -is dieing "used. This extension does, not apply to the limit or limits .specified by any law governing motor .carriers of passengers or Property . (2) Provide the. minimum amounts and types of other 'coverages; such as no- fault, tequired. of out= of -state vehicles by the .juidWic- tion where the covered "auto' is being used. We will . not pay .anyone more than once for the same elements' of loss because of these extensions. B. Exclusions- This Insurance does not apply to :any of 'the following: 1. Expected Or Intended injury "Bodily injury" or "property damage" ex- pected or intended from the standpoint of the "insured ". 2. Contractual Liability assumed under any contract or .agreement. But this exclusion does not apply to li- ability for damages: a. Assumed In a contract or agreement that is an 'insured contract" pro- vided the "bodily injury° or "prop -. arty damage" occurs subsequent to the execution of the contract or agreement; or CA 00 01 03 06 @ISO Properties, Inc.., 2005- Page 3 of 13 FAI Policy No. BAA (18) 5635368.0 5. Other .Insurance b. If this policy Is issued for more, than a. For any covered 'auto" you own, one year, the premiium `for' ;this. Cov- this Coverage Form provides ' rim mare erage Form will be computed ;annu- insurance. For .any covered °auto° ally based on our rates or premium§ you don't . the insurance pro=. In effect at the beginning of each _own, tided by this Coverage Form as ex- year of the policy. cess over any _ other collectible 7. Policy Period,, Coverage_ Terrltory insurance: However, while a covered "trailer" Under this .Coverage ;Forrri, ..W6 'cove r 'auto° which Is a is con- cidents° and "losses" occumng nected to another vehicle, the Uabil- Ity Coverage this Coverage Form 8. During the policy' period shown In provides for the °trailer° is: the Declarations; and (1) Excess while it is connected to a b. Within the coverage_ temtory. motor ;vehicle you do not own. The coverage -territory is: (2) Primary while it is connected to a. The United States of America; ° a covered °auto° you own. b. The territories and possessions of b. For Hired Auto Physical Damage the United States of, America; ® Coverage, any covered *auto' you c. Puerto Rico; lease, hire, rent or borrow is deemed to be - a covered "auto' you own. d. Cariada; and However, any °auto° that 'is leased, e. Anywhere in the world •,if: hired, rented or borrowed with a driver is .not a. covered I "auto'. (1) :A covered °auto° of ;the private passenger type 'is leased, • hired, c. Regardless of the provisions of Para- rented or .borrowed •:without a graph a. above, this Coverage Form's _.. driver fora period of .30 days .or Uablllty Coverage Is primary for any less; and it liability assumed under an `°insured . (2) The "In §ured's" risibIlfty to pay damages is determined in a d. When this Coverage Form and Any °suit° on the merits, in the Unit- other Coverage Form or policy cov- ed States of America, the ter- ers on the same basis, either excess diodes and possessions of the or primary, we will pay only our United States of America, "Puerto share. Our share is the proportion Rico, or Canada or ;in •a settle - that the Umit of Insurance of our ment we agree to. Coverage Form bears to the total of We also cover "loss' to, or °acddents° the limits of all the Coverage Forms involylog, ;a covered °auto° . while :being and policies covering on the same transported 'between any of these places. basis. 6. Premium Audit 8. Two. Or More .Coverage Forms Or Poll - s cles Issued By Us a a. The estimated premium for this Cov- erage Form Is based on the expo- If this Coverage Form and any other Cov- sures you told us you would have erage Form or policy .issued to you' by Lis ' when this policy began. We will or any company affiliated with us :apply compute the final premium due to the same "acGdent', the aggregate when we determine your actual ex- maximum Umit of Insurance under . all posures: The estimated total premi- the Coverage Forms 'or; `policies shall not um will be credited against the final exceed the highest applicable Umit of premium due and the first Named Insurance under any one Coverage Form Insured will be billed for the'-balance, or policy. This Condition does not apply if any.. If the estimated total premium to. Any Coverage Form or policy issued, exceeds the final premium due, the by us or an affiliated company specif- first Named Insured will . get a re- cally to apply as excess insurance over fund. this Coverage Form. CA 00 01 03 06 ®ISO Properties, Inc., 2005 Page 10 of 13 s a Policy-No. BAA (18) 56353680. COMMERCIAL AUTO i CA 88 `10-6113 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE ,READ IT CAREFULLY: BUSINESS AUTO %CbVER.AGE ENHANCEMENT ENDORSEMENT This endorsement modifies Insurance provided under the following: i BUSINESS AUTO COVERAGE FORM With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by 'the endorsement. COVERAGE INDEX SUBJECT PROVISION NUMBER ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR.PERMIT 3 ACCIDENTAL AIRBAG DEPLOYMENT 12 AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 19 AMENDED FELLOW EMPLO1fEE EXCLUSION 5 AUDIO, VISUAL AND DATA ELECTRONIC EdUIPMENT COVERAGE 13 BROAD FORM INSURED 1 BODILY INJURY REDEFINED 22 EMPLOYEES AS INSUREDS (including employee hired auto) _ 2 EXTENDED CAINCE_LLATION CONDI110N 23 EXTRA EXPENSE - BROADENED COVERAGE 10 GLASS REPAIR - WAIVER OF DEDUCTIBLE 15 HIRED AUTO PHYSICAL DAMAGE (including employee hired auto and loss of use) 6 HIRED AUTO COVERAGE TERRITORY 20 LOAN / LEASE GAP 14 PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) 16 PERSONAL EFFECTS COVERAGE 11 PHYSICAL DAMAGE -- ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 8 RENTAL REIMBURSEMENT 9 SUPPLEMENTARY PAYMENTS 4 TOWING AND LABOR 7 TWO OR MORE DEDUCTIBLES 17 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 18 WAIVER OF TRANSFER OF RIGHTS OF RECOVERYAGAINST OTHERS TO US 26 SECTION II - LIABILITY COVERAGE Is amended as follows: 1. BROAD FORM INSURED SECTION 11 - LIABILITY COVERAGE, paragraph A.I. - WHO IS AN INSURED is amended to include the following as an Insured: d. Any legally Incorporated entity of which you own more than 50 percent of the voting stock during the policy. period. However, °insured° does not include any organization that: (1) Is a partnership or joint venture; or (2) Is an insured under any other automobile policy; or (3) Has exhausted its Limit of Insurance under any other automobile policy. Paragraph d. (2) of this provision does not apply to a policy written to apply specifically In excess of this policy. e. Any organization you newly acquire or form, other than a partnership or joint venture, of which you own more than 50 percent of the voting stock. This automatic coverage Is afforded only for 180 days from the date of acquisition or formation. However, coverage .under this provision does not apply: (1) If there is similar insurance or a self- insured retention plan available to that organization; O 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance:Services Office, Inc., with its perrnission..: Page 1 of 7 E a g 2 Policy No. BAA (18) 56353680 (2) If the Limits of Insurance of any other insurance policy have been exhausted; or .(3) To 'bodily Injury" or "property damage* that occurred before you .acquired or� formed the organization. 2. EMPLOYEES AS INSUREDS SECTION II - LIABILITY COVERAGE, paragraph A.1. - WHO IS AN INSURED Is amended to Include the following as an insured: f. Any emp loyee of yours while using a covered "auto' you do not own, hire or borrow, ;but. only for acts within the scope of their employment by you.. Insurance provided. by this endorse rhent is excess over any other insurance available to any you... g. An 'employee' of yours while operating an °auto° hired or borrowed undera written .contract or agreement In that °employee's° name, with your permission, while" performing duties re- lated to -the .conduct of your business and within the scope of 'their :employment: .Insurance provided by this endorsement is excess over r any other insurance available to the °employee°. .3. ADDITIONAL INSURED BY CONTRA&, AGREEMENT OR PERMIT ;SECTION 11 - LIABILITY COVERAGE, paragraph A.1. - WHO IS AN INSURED is amended to indude the following as an Insured: K Any person or organization with respect to the operation, maintenance or use of a covered "auto",' provided that you and such :person or organization have agreed in a written contract. agreement, or permit issued to you by governmental or public authority, to add. such persgh, or organization, or governmental or public authority to this policy as an °insured ". However, such person or organization is an *insured': (1) Only with respect to the operation, maintenance or use of a covered "auto (2) Only for °bodily Injury° or °property damage" caused by an °aocident° which takes place after you executed . the written contract or agreement, or the permit has been Issued to you: and .(3) Only for the duration of that contract, agreement or permit 4. SUPPLEMENTARY PAYMENTS SECTION .II - LIABILITY COVERAGE,, Coverage Extensions, 2.a. Supplementary Payments, para- graphs (2) and (4) are replaced by the following: (2) Up. to $3,000 for ,cost of ball bonds (Including bonds for related traffic 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 earn- ings up to $500 a day because of time off from work. S. AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisdictions where, by law, fellow employees are not entitled to the protection afforded to the employer. by the workers compensation exclusivity rule, or similar protection, the following provision Is added: SECTION ii - LIABILITY, exclusion B.S.. FELLOW EMPLOYEE does not apply if the *bodily Injury" results from the use of a covered "auto' you own or hire. SECTION III - PHYSICAL DAMAGE COVERAGE is amended as follows: 6. HIRED AUTO PHYSICAL DAMAGE Paragraph A.4. Coverage . Extensions of SECTION III - PHYSICAL DAMAGE COVERAGE, is amended by adding the following: If hired 'autos' are covered °autos° for Liability Coverage, and if Comprehensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage. Form for any 'auto' you own, then the Physical Damage coverages provided are extended to "autos°: a. You hire, rent or borrow; or ® 2013Uberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Semites office, Inc., with its permission. Page 2 of 7 e is Policy No, BAA (18) 56353680 To the extent possible, notice to us should include: (1) How, when and where the "accident" or °loss" took place; (2) The 'Insureds' name and address; and (3) The names and addresses of airy Injured . persons and witnesses. 20.. WAIVER OF TRANSFER OF RIGHTS .OF RECOVERY AGAINST OTHERS TO US SECTION IV - BUSINESS AUTO. CONDITIONS, paragraph . A.S., Transfer of Rights of Recovery Against ,Others to Us, is amended by the addition of the following: If the person or organization has waived those rights before an "accident" or "loss", our rights are waived also. 21. HIRED AUTO COVERAGE TERRITORY SECTION IV - 'BUSINESS AUTO CONDITIONS, paragraph B.7., Pollcy Period, Coverage Territory, is amended by the addition of the following: f. For-' ' autos' hired 30 days or less, the coverage territory is anywhere in the world,. provided that the isured's responsibility to pay for damages 1s determined in 'a "suit". on the merits, in the United States, the territories and possessions of the United States. 'of America, Puerto Rico or Canada or in a settlement we agree to. This extension of coverage does not apply to an "auto" hired; leased, rented or borrowed with a driver.. . SECTION V DEFINITIONS Is amended as follows: 22. -BODILY INJURY REDEFINED Under SECTION V - DEFINTIONS, definition C. is replaced by the following: "Bo dily injury" means physical injury, sickness or disease sustained by a person, including mental anguish. mental injury, shock, fright or death resulting from any of these at any time. COMMMON POLICY CONDITIONS 23. EXTENDED CANCELLATION CONDITION COMMON POLICY CONDITIONS, paragraph A. - CANCELLATION condition applies except as fol- lows: If we cancel for any reason other than nonpayment of premium, we will mail to the first, :Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. This provision does not apply in those states which require more than ,60 days prior notice of cancella- tion. O .2013 Liberty Mutual Insurance CA 5810 01 13 Includes copyrighted material of Insurance Services Office, Inc., with its permisslon. Page 7 of 7 .