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HomeMy WebLinkAboutRolfe Construction - 2014 Agreement - Change Order No. 01Citp of Of[rop Public Works Department - Engineering Division 7351 Rosanna St., Gilroy, CA 95020 Phone (408) 846 -0451; Fax (408) 846 -0429 CONTINGENCY CHANGE ORDER NO. 1 To contract for: Gilroy- Morgan Hill Joint Trunk Sewer Main City Project No.: 14 -PW -208 Contractor: Rolfe Construction, Inc. Contract Date: August, 2014 This order shall become effective when it has been signed by the City Administrator, City Engineer, Project Engineer, and Contractor. All copies forwarded to Contractor for signature shall be returned to the City of Gilroy properly filled out. Upon acceptance by the City, the Contractor's copy will be returned to him as his authority to proceed with the work. Description of Work Extra Work at Agreed Upon Lump Sum Compenstation Price: Modifications to the contract to include additional replacement of in -kind fencing to segregate the existing right of way and easement. This additional item of work was deemed necessary per the Project Manager and Resident Engineer's recommendations. This work includes the provision of both a 6 -ft. high chain -fink fence and also 3 ft. high non -climb fencing (w /appurtenances). (See attached Rolfe Construction estimate for additional information). All requirements of the original Contract Documents shall apply to the above work except as specifically modified by this Change Order. The contract time shall not extend unless expressly provided for in this Change Order. By signing this Change Order, Contractor acknowledges and agrees that the adjustments to cost and time contained herein are in full satisfaction and accord, and are accepted as payment in full, for any and all costs and expenses associated with this Change Order, (the "Extra Work "), including but not limited to labor, materials, overhead and profit, delay, disruption, loss of efficiency and any and all other direct and /or indirect costs or expenses associated with the Extra Work and hereby waives any right to claim any further cost and time impacts at any time during and after completion of the Contract associated with the Extra Work. Change in working time granted by this change order: ► All Extra Work authorized under this Change Order must be billed separately from the original contract. All bills for work done under this Change Order shall reference this Change Order No. 1. I (We) agree to make the above change subject to the terms of this Change Orderjofa NET INCREASE not to exceed $20,210.00. CONTRACTOR By: 2,l;t Cokt 5T12vcal a.J RECOMMENDED BY: ACCEPTED BY: 2 Working Days Cost Percentage Contingency Amount $239,643.00 8.4% used Original Contract Price $3,423,467.00 Previous Change Orders $0.00 N/A Total to Date $3,423,467.00 This Change Order $20,210.00 Total Change Orders to Date $20,210.00 0.59% of bid Revised Contract Price $3,443,677.00 Manager Date: 4 1 is ILJ Date L1 /l�l i5 2%7/ t 5 NGjlund, C4� ndrn•nis +ynfv - Dc, M"I,FE CONSTRUCTION Rolfe Construction 3573 Southern Pacific Ave. Atwater, Ca. 95301 Ph: 209 358 -5548 Fax: 209.357.2916 rolfeconstruction@comcast.net CHANGE ORDER REQUEST Date: 2/18/2015 Change Order # TBD City of Gilroy c/o CALTROP 3ames Schaaf Office -(925) 548 -0895 Cell -(510) 299 -3789 Cc, a 1 t4^ fw -2x Payment Job Number Job Due Date j-- Terms W 1410 Gilroy — Fence Replacement Change Order Upon Approval Quantity Des criptio n Unit Price Line Total Furnish and install 6' high chain link fence in one straight line. Specifications: 11 gauge, 6' high chain link fabric, 7 710 LF gauge top and bottom tension wire, 2 7/8 structural ;14.83 -If $10,529.30 terminal posts, 1 7/8 structural line posts, 4 point barbed wire. All posts to be set in concrete Furnish and install 3' high non climb fence with two strands barbed wire. Specifications: 3' non climb wire, 2 7/8 1,450 LF structural terminal posts @ 96' on center, 1.33 t -posts 0 10' $6.68 -If $9,680.70 max on center, 1 5/8 sch. 40 braces. All terminal posts and braces to be set in concrete. *Allowable 15% markup has been added to unit costs. Unit price is based on one mobilization per type offence. Additional mobilizations will be charged at $1000 per mobilization. Fence install to be completed by Stockton Fence & Material Co. Total $20,210.00 Thank you for your business! Approved by: Date: Printed Name: �hmS VU. Sr� CA, Rolfe Approval: G(o L't) Cq �lwa, TAM T R 13 P. MEMORANDUM (CC01) To: Ian King, City of Gilroy From: Mike Schaaf, PE JMS Date: April 15, 2015 Subject: City of Gilroy— Joint Trunk Sewer Replacement Project 14 -PW -208 Contract Change Order No to. ? _ i 14 -PW -208 -61a Attached for your review and routing approval is the Contract Change Order No. 1 and corresponding PCO estimate. As noted, the Project's Bid Items 1 through 27 did not address or include the removal and replacement of the requested CCO 1 itemwork which is to replace the removed fencing in -kind. This change order work is respectfully requested to subsequently provide the replacement of the existing fencing in -kind and add and additional item of work to the contract. Original contract bid amount: $ 3,423,467.00 CCO No. 1 (approx. 0.59% of bid): $ 20,210.00 Revised Contract amount: $ 3,443,677.00 Upon final concurrence by the City, please process the CCO No. 1 accordingly and let me know so that we may direct the contractor to diligently proceed with the prescribed work. Should you have any immediate questions or wish to discuss further, please do not hesitate to call me at (510) 299 -3789. Attach: CCO No. 1 w/Rolfe PCO estimate Cc: Project Inspector Project Manager, City CCOI.doc ROLFE -2 OP ID: RL2 CERTIFICATE OF LIABILITY INSURANCE 02!00331 °A'�`!220,5 015' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pol(cy(les) must be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in Sou of such endorsement s Pao°ucER Leap /Carppenter/Kemps insurance 3187 Collins Dr. Merced, CA 95348 Michael J. Carpenter NAME: Michael J. Carpenter No E :209 -384 -0727 No): 209- 384 -0401 A ADDRESS. INSURER(S) AFFORDING COVERAGE NAIC 0 INSURERA:WeSCo Insurance Company 25011 INSURED Rolfe Construction 3573 Southern Pacific Avenue Atwater, CA 95301 INSURER B: Great American Alliance Ins Co 26832 INSURER C: INSURER D: MSLIPER E EACH OCCURRENCE INSURER F : PREMISES Ea occurrence CAVEROCES CERTIRCATE NUMBER- REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS., _ I TYPE OF INSURANCE POLICY NUMBER MMID 1%MfDD1YYYY LOMrr3 GENERAL LIABILITY EACH OCCURRENCE $ 1,000,0 PREMISES Ea occurrence $ 300,00 A X COMMERCIAL GENERAL LIABILITY X X WPP1235560 00 01/31/2015 01/31/2016 CLAIMS-MADE Fx_] OCCUR MED EXP (Any one person) $ 5,0 PERSONAL & ADV INJURY $ 1,000,0 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS- COMP/OP AGG $ 2,000,0 mp Ben $ 1,000,0 POLICY X PRO LoC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident) 1,000,000 $ BODILY INJURY (Per person) $ A X ANY AUTO X X PP1235560 00 01/31/2015 01/31/2016 ALL'OWNED SCHEDULED AUTOS AUTOS X HIRED AUTOS X NON -OWNED AUTOS BODILY INJURY (Per accident) $ PROPERTY' DAMAGE PER ACCIDENT $ $ X UMaREL-A LIAR X OCCUR EACH OCCURRENCE $ 5,000,OOC AGGREGATE $ 5,000,00 B EXCESS LIAR CLAIMS -MADE 5.9717663 01131/2015 01/31/2016 DIED _ X I RETENTION $ 10000 $ WORKERS COMPENSATION WC STATU- 0TH =. LIMTS EEL AND EMPLOYERS' LIABILITY . YIN ANY PROPRIETOR/PARTNER /EXECUTIVE ❑, OFFICER/MEMBER EXCLUDED? N! A E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE- POLICY LIMIT ! $ A Rented/Leased PP1235560 00 01131/2015 01/31/2016 100,00 Equipment D 1,00 DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) City of Gilroy, Its Officers, Elected or Appointed Officials, Employees, Agents and Volunteers are named as Additional Insured with respects to General & Auto Liability per attached forms. Waiver of Subrogation applies to General and Auto Liability. Project: City of Gilroy Joint Trunk Sewer GILR0-3 City of Gilroy Public Works Division 7351 Rosanna St. Gilroy, CA 95020 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. riahts reserved ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: WPP1235560 00 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Blanket as required by written contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. � The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard ". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 0 Insurance Services Office, Inc., 2008 Page 1 of 1 0 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy Number:WPP1235560 00 COMMERICAL AUTOMOBILE BROADENED COVERAGE ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM A. SUBSIDIARIES AND NEWLY ACQUIRED OR FORMED ORGANIZATIONS Paragraph A.I. WHO IS AN INSURED of SECTION II — LIABILITY COVERAGE is amended as follows: The Named Insured shown in the Declarations is amended to include: 1. Any legally incorporated subsidiary in which you own more than 50% of the voting stock on the effective date of the Coverage Form. However, the Named Insured does not include any subsidiary that Is an "insured" under any other automobile policy or would bean "insured" under such a policy but for its termination or the exhaustion of its Limit of Insurance. 2. Any organization that is acquired or formed by you and over which you maintain majority ownership. However, the Named Insured does not include any newly formed or acquired organization: a. That is a partnership, joint venture or limited liability company b. That is an "insured" under any other policy, C. That has exhausted its Limit of Insurance under any other policy, or d. 180 days or more after its acquisition or formation by you, unless you have given us notice of the acquisition or formation. Coverage does not apply to "bodily injury" or "property damage" that results from an "accident" that occurred before you formed or acquired the organization B. EMPLOYEES AS INSUREDS Paragraph A. 1. WHO IS AN INSURED of SECTION II — LIABILTY COVERAGE is amended to add: Any "employee" of yours while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. C. LESSORS AS INSUREDS Paragraph A.I. WHO IS AN INSURED of SECTION 11— LIABILITY COVERAGE is amended to add: 1. The lessor of a covered "auto" while the "auto" is leased to you under a written agreement if: a. The agreement requires you to provide direct primary insurance for the lessor; and b. The "auto" is leased without a driver. CA990143 Page 1 of 7 Ed. 0912 Such a leased "auto" will be considered a covered "auto" you own and not a covered "auto" you hire. D. ADDITIONAL INSURED IF REQUIRED BY CONTRACT Paragraph 1L. WHO IS AN INSURED of A. Coverage under SECTION II — LIABILITY COVERAGE is amended to add: 1. Any person or organization with whom or with which you have agreed in writing in a contract or agreement that such person(s) or organization(s) shall be included as an additional insured on your business auto policy. Such person or organization is an "insured", but only to the extent such person or organization is liable for "bodily injury" or "property damage" caused by the conduct of an insured" under paragraphs la. or lb. of Who Is An Insured with regard to the ownership, maintenance or use of a "covered" auto. The insurance afforded to any such additional insured applies only if the "bodily injury" or "property damage" occurs: a. During the policy period, and b. Subsequent to the execution of such written contract, and C. Prior to the expiration of the period of time that the written contract requires such insurance be provided to the additional insured. 2. How Limits Apply If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the most we will pay on behalf of such additional insured is the lesser of: a. The limits of insurance specified in the written contract or written agreement; or b. The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to Limits of Insurance shown in the Declarations and described in this Section. 3. Additional Insureds Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. Such insurance as is afforded by this policy or the benefit of the additional insured(s) shall be excess and non- contributory as respect to any claim, loss or liability allegedly arising out of the operations of the Named Insured; however, this insurance will not apply to any claim, loss or liability which is determined to be solely the result of the additional insured's negligence or solely the additional insureds responsibility. 4. Duties In The Event Of Accident, Claim, Suitor Loss If you agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the additional insured shall.be required to comply with the provisions in LOSS CONDITIONS 2. DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS of SECTION IV BUSINESS AUTO CONDITIONS, in the samemanner as the Named Insured. E. AMENDED FELLOW EMPLOYEE EXCLUSION CA990143 Page 2 of 7 Ed. 0912 Paragraph S. Fellow Employee of SECTION 11— LIABILITY COVERAGE does not apply if you have workers' compensation insurance in -force covering all of your "employees ". Coverage is excess over any other collectible insurance. F. HIRED AUTO PHYSICAL DAMAGE COVERAGE The following is added to Paragraph G, Limit of Insurance of SECTION III PHYSICAL DAMAGE COVERAGE: If hired "autos" are covered "autos" for Liability Coverage and if Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Forms for any "auto" you own, then the Physical Damage Coverages provided are extended to "autos" you hire or borrow, subject to the following limit. The most we will pay for "loss" to any hired "auto" is: a. $100,000; b. The actual cash value of the damaged or stolen property at the time of the "loss "; or C. The cost of repairing or replacing the damaged or stolen property, whichever is less, minus a deductible. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. No deductible applies to "loss" caused by fire or lightning. Hired Auto Physical Damage coverage is excess over any other collectible insurance. 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. We will also cover loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss, subject to a maximum of $1,000 per "accident". This extension of coverage does not apply to any "auto" you hire 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. G. PHYSICAL DAMAGE — ADDITIONAL TEMPORARY TRANSPORTATION EXPENSE COVERAGE Paragraph a. Transportation Expenses of 4. Coverage Extensions under A. Coverage., SECTION III PHYSICAL DAMAGE COVERAGE is amended to provide a limit of $50 per day and a maximum limit of $1,000. H. LOAN /LEASE GAP COVERAGE Under SECTION III PHYSICAL DAMAGE COVERAGE, in the event of a total "loss" to a covered "auto ", we will pay your additional legal obligation for any difference between the actual cash value of the "auto" at the time of the "loss" and the "outstanding balance" of the loan /lease. "Outstanding balance" means the amount you owe on the loan /lease at the time of "loss" less any amounts representing taxes; overdue payments; penalties, interest or charges resulting from overdue payments; additional mileage charges; excess wear and tear charges; lease termination fees; security deposits not returned by the lessor; costs for extended warranties, credit life insurance, health, accident or disability insurance purchased with the loan or lease; and carry-over balances from previous loans or leases. I. AIRBAG COVERAGE Under paragraph B. EXCLUSIONS of SECTION III PHYSICAL DAMAGE COVERAGE, the following is added: CA990143 Page 3 of 7 Ed. 0912 The exclusion relating to mechanical breakdown does not apply to the accidental discharge of an airbag. J. ELECTRONIC EQUIPMENT— BROADENED COVERAGE Paragraph B. Exclusions of SECTION III PHYSICAL DAMAGE COVERAGE is amended as follows: 1. Subparagraph S. of Paragraph B. Exclusions of SECTION III PHYSICAL DAMAGE COVERAGE is replaced by the following: Exclusions 4.c. and 4.d. do not apply to equipment designed to be operated solely by use of the power from the "auto's" electrical system that, at the time of "loss ", is: (1) Permanently installed in or upon the covered "auto "; (2) Removable from a housing unit which is permanently installed in or upon the covered "auto"; (3) An integral part of the same unit housing any electronic equipment described in Paragraphs a. and b. above; or (4) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system. 2. Paragraph 2. of C. Limit Of Insurance, under SECTION III —PHYSICAL DAMAGE COVEAGE is replaced with the following: $1,500 is the most we will pay for "loss" in any one "accident" to all electronic equipment that reproduces, receives or transmits audio, visual or data signals which, at the time of "loss ", is: 1. Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the installation of such equipment; 2. Removable from a permanently installed housing unit as described in Paragraph b.(1) above or is an integral part of that equipment; or 3. An integral part of such equipment. 3. The following is added to Paragraph D. Deductible of SECTION III —PHYSICAL DAMAGE COVEAGE: For each covered "auto ", should loss be limited to electronic equipment only, our obligation to pay for, repair, return or replace damaged or stolen electronic equipment will be reduced by the applicable deductible shown in the Declarations, or $250, whichever deductible is less. K. GLASS REPAIR — WAIVER OF DEDUCTIBLE Under Paragraph D. DEDUCTIBLE of SECTION 111 PHYSICAL DAMAGE COVERAGE, the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. L. EXTRA EXPENSE — BROADENED COVERAGE Under paragraph A. Coverage of SECTION III PHYSICAL DAMAGE COVERAGE, we will pay for the expense of returning a stolen covered "auto" to you. CA990143 Page 4 of 7 Ed. 0912 M. PRIMARY AND NON CONTRIBUTORY IF REQUIRED BY CONTRACT The following is added to Paragraph 6.5, Other Insurance, in SECTION IV— BUSINESS AUTO CONDITIONS Only with respect to insurance provided to an additional insured of this endorsement, and required by contract, the following provisions apply: a. Primary Insurance When Required by Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in SA, Other Insurance under B. General Conditions of SECTION IV — BUSINESS AUTO CONDTIONS b. Primary And Non- Contributory To Other Insurance When Required By Contract If you have agreed in a written contract or written agreement that this insurance is primary and non- contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs a. and b. above do not apply to other insurance, to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: 1. The total amount that all such other insurance would pay for the loss in the absence of this insurance; and 2. The total of all deductible and self - insured amounts under all that other insurance. We will share the remaining loss, if any, by the method described in 5.d. Other Insurance of B. General Conditions under SECTION IV— BUSINESS AUTO CONDITIONS. N. AUTOS RENTED BY EMPLOYEES Paragraph S. Other Insurance of B. General Conditions under SECTION IV — BUSINESS AUTO CONDITIONS is amended as follows: If an "employee's" personal insurance also applies on an excess basis to a covered "auto" hired or rented by your "employee" on your behalf and at your direction, this insurance will be primary to the "employee's" personal insurance. O. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS The requirement in A. Loss Conditions, 2. Duties In The Event Of Accident Claim, Suit Or Loss, sub- paragraph a. of SECTION IV BUSINESS AUTO CONDITIONS that you must notify us of an "accident" applies only when the "accident' is known to: CA990143 Page 5 of 7 Ed. 0912 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. A member, if you are a limited liability company; or 4. An executive officer or insurance manager, if you are a corporation. P. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Section B. General Conditions of SECTION IV BUSINESS AUTO CONDITIONS is amended as follows: If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. Q. HIRED AUTO — COVERAGE TERRITORY Sub - section 7. Policy Period, Coverage Territory of B. General Conditions, under SECTION IV BUSINESS AUTO CONDITIONS is replaced by the following: a. For short-term hired "autos ", the coverage territory with respect to Liability Coverage is anywhere in the world provided that if the "insured's" responsibility to pay damages for "bodily injury" or "property damage" is determined in a "suit", the "suit" is brought in the United States of America, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. R. WAIVER OF SUBROGATION Sub - section S. Transfer Of Rights Of Recovery Against Others To Us of A. Loss Conditions under SECTION IV BUSINESS AUTO CONDITIONS is amended by adding the following: We waive any right of recovery we may have against any person or organization with whom you have a written contract that requires such waiver because of payments we make for damages under this Coverage Form. S. EXTENDED CANCELLATION CONDITION Paragraph Lb. of the COMMON POLICY CONDITIONS (IL 00 17) cancellation applies except as follows: If we cancel for any reason other than nonpayment of premium, we will mail or deliver to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. T. TWO OR MORE DEDUCTIBLES The following is added to Paragraph D., Deductible, of SECTION III, PHYSICAL DAMAGE COVERAGE If any another policy or policies issued by us provides coverage for the same accident the following applies: a. If the deductible under this Business Auto Coverage Form is the smaller (or smallest) deductible, it will be waived; CA990143 Page 6 of 7 Ed. 0912 If the deductible under this Business Auto Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. U. HYBRID PAYMENT COVERAGE The following is added to Paragraph C, Limits of Insurance, of SECTION III, PHYSICAL DAMAGE COVERAGE 1. In the event of a total loss to a "non- hybrid" auto for which Comprehensive, Specified. Causes of Loss, or Collision coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended as follows: a. If the auto is replaced with a "hybrid" auto, we will pay an additional 10 %, to a maximum of $2,500, of the "non - hybrid" auto's actual cash value or replacement cost, whichever is less. b. The auto must be replaced and a copy of a bill of sale or new lease agreement received by us within 60 calendar days of the date of "loss," C. Regardless of the number of autos damaged in any one "loss", the most we will pay under this Hybrid Payment Coverage provision for any one 'loss" is $10,000. 2. For the purposes of this HYBRID PAYMENT COVERAGE provision the following definitions apply: "Non- hybrid" auto is defined as an auto that uses only an internal combustion engine to move the auto. "Hybrid" auto is defined as an auto with an internal combustion engine and one or more electric motors; and that uses the internal combustion engine and one or more electric motors to move the auto, or the internal combustion engine to charge one or more electric motors, which move the auto. V. RESULTANT MENTAL ANGUISH INCLUDED The definition of "bodily injury" in SECTION V— DEFINITIONS is replaced with the following: "Bodily injury" means bodily injury, sickness or disease sustained by any person, including mental anguish or death resulting from any of these. W. HIRED "AUTO" REDEFINED The following is added to the Description of Covered Auto Designation Symbols for Symbol 8, Hired "Autos" Only: Any "auto" hired or rented by your "employee" on your behalf and at your direction will be considered an "auto" you hire. CA990143 Page 7 of 7 Ed. 0912 POLICY NUMBER:WPP1235560 00 COMMERCIAL GENERAL LIABILITY CG 2010 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modes insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Locations Of Covered Operations Blanket as required by written contract. Blanket as required by written contract. It is agreed that such insurance as is afforded by this policy for the benefit of the additional insured shown shall be primary insurance, and any other insurance maintained by the additional insured(s) shall be excess and noncontributory as respects to any claim, loss or liability, allegedly arising out of the operations of the named insured, provided however that this insurance will not apply to any claim loss or liability which is determined to be solely the additional insured's responsibility Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. 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. CG 2010 0413 0 Insurance Services Office, Inc., 2012 Page 1 of 3 B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. Page 2 of 3 0 Insurance Services Office, Inc., 2012 CG 2010 0413 C. With respect to the insurance afforded to these . additional insureds, the following is added to Section Ili — 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 the amount of insurance: 1. Required by the contract or agreement; or CG 20 10 04 13 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 0 Insurance Services Office, Inc., 2012 Page 3of3 13