Dahle Construction Watermain Extension Amity and LinderCONTRACT FOR PUBLIC WORKS CONSTRUCTION
WATERMAIN EXTENSION AMITY - LINDER
PROJECT # 10624.13
THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this 1,1h
day of December, 2017, and entered into by and between the City of Meridian, a
municipal corporation organized under the laws, of the State of Idaho, hereinafter referred
to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83542, and DAHLE
CONSTRUCTION LLC. , hereinafter referred to as "CONTRACTOR",whose business
address is 4351 Garrity Blvd Nampa, ID 83587 and whose Public Works Contractor
License # is C -11353 -AAA -1-2.
INTRODUCTION
Whereas, the City has a need for services involving WATERMAIN
EXTENSION AMITY - LINDER; and
WHEREAS, the Contractor is specially trained, experienced and Competent
to perform and has agreed to provide such services;
NOW, THEREFORE, in consideration of the mutual promises, covenants,
terms and conditions hereinafter contained, the parties agree as follows,
TERMS AND CONDITIONS
1. Scope of Work:
1.1 CONTRACTOR shall perform and furnish to the City upon execution of this
Contract and receipt of the City's written notice to proceed, all services and work,
and comply in all respects, as specified in the document titled "Scope of Work" a
copy of which is attached hereto as Exhibit "A" and incorporated herein by this
reference, together with any amendments that may be agreed to in writing by the
parties.
1.2 All documents, drawings and written work product prepared or produced by
the Contractor under this Agreement; including without limitation electronic data
files, are the property ofthe Contractor; provided, however, the City shall have the
right to reproduce, publish and use all such work; or any part thereof, in any
manner and for any purposes whatsoever and to authorize others to do so, If any
such work is copyrightable, the Contractor may copyright the same, except that, as
to any work which is copyrighted by the Contractor, the City reserves a royalty -free,
non-exclusive, and irrevocable license to reproduce, publish and use such work, or
any part thereof, and to authorize others to do so.
1.3 The Contractor shall provide services and work under this Agreement
consistent with the requirements and standards established by applicable federal,
WATERMAIN EXTENSION AMITY Y LINDER page 1 of 14
Project 10624.1
state and city laws, ordinances, regulations and resolutions. The Contractor
represents and warrants that it will perform its work in accordance with generally
accepted industry standards and practices for the profession or professions that
are used in performance of this Agreement and that are in effect at the time of
performance of this Agreement. Except for that representation and any
representations made or contained in any proposal submitted by the Contractor
and any reports or opinions prepared or issued as part of the work performed by
the Contractor under this Agreement, Contractor makes no other warranties, either
express or implied, as part of this Agreement.
1.4 Services and work provided by the Contractor at the City's request under thls
Agreement will be performed in a timely manner in accordance with a Schedule of
Work, which the parties hereto shall agree to. The Schedule of Work may be
revised from time to time upon mutual written consent of the parties.
2. Consideration
2.1 The Contractorshall be compensated on a NolTo-Exceed basisas provided
in Exhibit B "Payment Schedule" attached hereto and by reference made a part
hereof for the Not-To-Exceed amount of $899,380.00.
2.2 The Contractor shall provide the City with a monthly statement and
supporting invoices, as the work warrants, of fees earned and costs incurred for
services provided during the billing period, which the City will pay within 30 days of
receipt of a correct invoice and approval by the City. The City will not withhold any
Federal or State income taxes or Social Security Tax from any payment made by
City to Contractor under the terms and conditions of this Agreement. Payment of
all taxes and other assessments on such sums is the sole responsibility of
Contractor.
2.3 Except as expressly provided in this Agreement, Contractor shall not be
entitled to receive from the City any additional consideration, compensation, salary,
wages, or other type of remuneration for services rendered under this Agreement
including, but not limited to, meals, lodging, transportation, drawings, renderings or
mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement
to consideration in the form of overtime, health insurance benefits, retirement
benefits, paid holidays or other paid leaves of absence of any type or kind
whatsoever.
3. Term:
3.1 This agreement shall become effective upon execution by both parties, and
shall expire upon (a) completion of the agreed upon work, (b) or unless sooner
terminated as provided in Sections 3.2, 3.3, and Section 4 below or unless some
other method or time of termination is listed in Exhibit A.
WATERMAIN EXTENSION AiiIITY - LINDER
Project 10624.8
page 2 ot 14
3.2 Should Contractor default in the performance of this Agreement or materially
breach any of its provisions, City, at City's option, may terminate this Agreement by
giving written notification to Contractor.
3.3 Should City fail to pay Contractor all or any part of the compensation setforth
in Exhibit B of this Agreement on the date due, Contractor, at the Contractor's
option, may terminate this Agreement if the failure is not remedied by the City
within thirty (30) days from the date payment is due.
4. Liquidated Damages:
Substantial Completion shall be accomplished within 150 (one hundred fifty)
calendar days from Notice to Proceed. This project shall be considered
Substantially Complete when the Owner has full and unrestricted use and benefit
of the facilities, both from an operational and safety standpoint, and only minor
incidental work, corrections or repairs remain for the physical completion of the
total contract. Contractor shall be liable to the City for any delay beyond this time
period in the amount of $300.00 (three hundred dollars) per calendar day. Such
payment shall be construed to be liquidated damages by the Contractor in lieu of
any claim or damage because of such delay and not be construed as a penalty.
Upon receipt of a Notice to Proceed, the Contractor shall have 180 (one hundred
eighty) calendar days to complete the work as described herein. Contractor shall
be liable to the City for any delay beyond this time period in the amount of $300.00
(three hundred dollars) percalendarday. Such payment shail beconstruedtobe
liquidated damages by the Contractor in lieu of any claim or damage because of
such delay and not be construed as a penalty. See Milestones listed in the
Payment Schedule for Substantial Completion.
5. Termination:
5.'1 lf, through any cause, CONTRACTOR, its officers, employees, or agents fails
to fulflll in a timely and proper manner its obligations underthis Agreement, violates
any of the covenants, agreements, or stipulations of this Agreement, falsifies any
record or document required to be prepared under this agreement, engages in
fraud, dishonesty, or any other act of misconduct in the performance of this
contract, or if the City Council determines that termination of this Agreement is in
the best interest of CITY, the CITY shall thereupon have the right to terminate this
Agreement by giving written notice to CONTRACTOR of such termination and
specifying the effective date thereof at least fifteen (15) days before the effective
date of such termination. CONTRACTOR may terminate this agreement at any
time by giving at least sixty (60) days notice to ClTy.
ln the event of any termination of this Agreement, all finished or unfinished
documents, data, and reports prepared by CONTRACTOR under this Agreement
shall, at the option of the CITY, become its property, and CONTRACTOR shall be
entitled to receive just and equitable compensation for any work satisfactorily
complete hereunder.
WATERMAIN EXTENSION AMITY - LINDER
Project 10624.B
page 3 of 14
5,2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to
the CITY for damages sustained by the CITY by virtue of any breach of this
Agreement by CONTRACTOR, and the CITY may withhold any payments to
CONTRACTOR for the purposes of set-off until such time as the exact amount of
damages due the CITY from CONTRACTOR is determined. This provision shall
survive the termination of this agreement and shall not relieve CONTRACTOR of
its liability to the CITY for damages.
6. lndependentContractor:
6.1 ln all matters pertaining to this agreement, CONTRACTOR shall be acting as
an independent contractor, and neither CONTRACTOR nor any officer, employee
or agent of CONTRACTOR will be deemed an employee of CITY. Except as
expressly provided in Exhibit A, Contractor has no authority or responsibility to
exercise any rights or power vested in the City and therefore has no authority to
bind or incur any obligation on behalf of the City. The selection and designation of
the personnel of the CITY in the performance of this agreement shall be made by
the CITY.
6.2 Contractor, its agents, officers, and employees are and at all times during the
term of this Agreement shall represent and conduct themselves as independent
contractors and not as employees of the City.
6.3 Contractor shall determine the method, details and means of performing the
work and services to be provided by Contractor under this Agreement. Contractor
shall be responsible to City only for the requirements and results specified in this
Agreement and, except as expressly provided in this Agreement, shall not be
subjected to City's control with respect to the physical action or activities of
Contractor in fulfillment of this Agreement. lf in the performance of this Agreement
any third persons are employed by Contractor, such persons shall be entirely and
exclusively under the direction and supervision and control of the Contractor.
7. Sub-Contractors:
Contractor shall require that all of its sub-contractors be licensed per State of ldaho
Statute # 54-'1901
8. Removal of Unsatisfactory Employees:
The contractor shall only furnish employees who are competent and skilled forwork
under this contract. lf, in the opinion of the city, an employee of the contractor is
incompetent or disorderly, refuses to perform in accordance with the terms and
conditions of the contract, threatens or uses abusive language while on cityproperty, or is otherwise unsatisfactory, that employee shall be iemoved from ailwork under this contract.
9. Indemnification and lnsurance:
WATERMAIN EXTENSION AMIry . LINDER
Project 10624.8 page 4 of '14
9.1 CONTRACTOR shall indemnify and save and hold harmless CITY and it's
elected officials, officers, employees, agents, and volunteers from and for any and
all losses, claims, actions, judgments for damages, or injury to persons or property
and losses and expenses and other costs including litigation costs and attorney's
fees, arising out of, resulting from, or in connection with the performance of this
Agreement by the CONTRACTOR, its servants, agents, officers, employees,
guests, and business invitees, and not caused by or arising out of the tortious
conduct of CITY or its employees.NTRACTOR shall maintain and s ifical
aqrees that it will maintain, throuqhout th ete rm of this Aoreement. liabilrtv
insurance. in which the CITY shall be named an addition a I in sured in the minimum
amounts as follow: General Liabil ity One Million Dollars ($1,000,000) per incident
or occurrence, Automobile Liability lnsurance One Million Dollars ($ 1,000,000) per
incident or occurrence and Workers' Compensation lnsurance, in the statutory
limits as required by law.. The limits of insurance shall not be deemed a limitation
of the covenants to indemnify and save and hold harmless CITY; and if CITY
becomes liable for an amount in excess of the insurance limits, herein provided,
CONTRACTOR covenants and agrees to indemnify and save and hold harmless
CITY from and for all such losses, claims, actions, or judgments for damages or
injury to persons or property and other costs, including litigation costs and
attorneys' fees, arising out of, resulting from , or in connection with the
performance of this Agreement by the Contractor or Contractor's officers, employs,
agents, representatives or subcontractors and resulting in or attributable to
personal injury, death, or damage or destruction to tangible or intangible property,
including use of. CONTRACTOR shall provide CITY with a Certificate of
lnsurance, or other proof of insurance evidencing CONTRACTOR'S compliance
with the requirements of this paragraph and file such proof of insurance with the
CITY at least ten (10) days prior to the date Contractor begins performance of it's
obligations under this Agreement. ln the event the insurance minimums are
changed, CONTRACTOR shall immediately submit proof of compliance with the
changed limits. Evidence of all insurance shall be submitted to the City Purchasing
Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue,
Meridian, ldaho 83642.
9.2 lnsurance is to be placed with an ldaho admitted insurerwith a Best's rating
of no less than A-.
9.3 Any deductibles, self-insured retention, or named insureds must be declared
in writing and approved by the city. At the option of the city, either: the insurer
shall reduce or eliminate such deductibles, self-insured retentions or named
insureds; or the contractor shall provide a bond, cash or tetter of creditguaranteeing payment of losses and related investigations, claim administration
and defense expenses.
9.4 To the extent of the indemnity in this contract, contractor,s rnsurancecoverage shall be primary insurance regardlng the city,s elected officers, officials,employees and vorunteers. Any insurance or ielf-insurance maintain;J;y th; cityor the city's erected officers, officiars, emproyees and vorunteers shal oe dxcess ot
WATERMAIN EXTENSION AMITY - LINDER
Project 10624.8 Page 5 of 14
the Contractois insurance and shall not contribute with Contractor's insurance
except as to the extent of City's negligence.
9.5 The Contractor's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of the
insurer's liability.
9.6 All insurance coverages for subcontractors shall be subject to all of the
insurance and indemnity requirements stated herein.
9.7 The limits of insurance described herein shall not limit the liability of the
Contractor and Contractor's agents, representatives, employees or subcontractors.
10. Time is of the Essence:
The parties hereto acknowledge and agree that time is strictly of the essence with
respect to each and every term, condition and provision hereof, and that the failure
to timely perform any of the obligations hereunder shall constitute a breach of, and
a default under, this Agreement by the party so failing to perform.
11. Bonds:
Payment and Performance Bonds are required on all Public Works lmprovement
Projects per the ISPWC and the City of Meridian Supplemental Specifications &
Drawings to the ISPWC, which by this reference are made a part hereof.
Contractor is required to furnish faithful performance and payment bonds in the
amount of 100% of the contract price issued by surety licensed to do business in
the State of ldaho with a Best's rating of no less than A-. ln the event that the
contract is subsequently terminated for failure to perform, the contractor and/or
surety will be liable and assessed for any and all costs forthe re-procurement of the
contract services.
12. Warranty:
All construction and equipment provided under this agreement shall be warranted
for 2 years from the date of the City of Meridian acceptance per the ISPWC and the
Merrdian Supplemental Specifications & Drawings to the ISPWC and any
modifications, which by this reference are made a part hereof.
't3.
All items found to be defective during a warranty inspection and subsequenfly
corrected will require an additional two (2) year warranty from the date of City,s
acceptance of the corrected work.
Changes:
The CITY may, from time to time, request changes in the Scope of Work to beperformed hereunder. such changes, including iny increase or decrease in theamount of coNTRACToR's compensation, which are mutuafly agreed upon ny ano
WATERMAIN EXTENSION AMITY - LINDER
Project 10624.8 page 6 of 14
between the CITY and CONTRACTOR, shall be incorporated in written
amendments which shall be executed with the same formalities as this Agreement.
14. Taxes:
The City of Meridian is exempt from Federal and State taxes and will execute the
required exemption certificates for items purchased and used by the City. ltems
purchased by the City and used by a contractor are subject to Use Tax. All other
taxes are the responsibiiity of the Contractor and are to be included in the
Contractor's Bid pricing.
15. Meridian StormwaterSpecifications:
Contractor shall retain all stormwater and erosion control documentation generated
on site during construction including the SWPPP manual, field inspections and
amendments. Prior to final acceptance of the job by the City the contractor shall
return the field SWPPP manual and field inspection documents to the City for
review. A completed Contractor Request to File Project N.O.T. with the EPA form
shall be provided to the City with the documents. These documents shall be
retained, reviewed and approved by the City prior to final acceptance of the pro.ject.
16. ACHD:
Contractor shall be responsible for coordinating with the City to obtain appropriate
ACHD permit(s) and will reimburse the City for fees, fines, or penalties City incurs
due to Contractor's violation of any ACHD policy. City shall certify to ACHD that
Contractor is authorized to obtain a Temporary Highway and Right-otway Use
Permit from ACHD on City's behalf. The parties acknowledge and agree that the
scope of the agency granted by such certification is limited to, and conterminous
with, the term and scope of this Agreement.
17. Reports and lnformation:
17.1 At such times and in such forms as the ClTy may require, there shall be
furnished to the clrY such statements, records, reports, data and information as
the CITY may request pertaining to matters covered by this Agreement.
WATERMAIN EXTENSION AMIry - LINDER
Project'10624.8 page 7 of 14
All construction projects require either a Storm Water Pollution Prevention Plan
(SWPPP) or an erosion sediment control plan (ESCP) as specified in the City of
Meridian Construction Stormwater Management Program (CSWMP) manual. The
CSWMP manual containing the procedures and guidelines can be found at this
address: http://www.meridiancitv.orq/environmental.aspx?id=1 361 8.
17.2 Contractor shall maintain all writings, documents and records prepared or
compiled in connection with the performance of this Agreement for a minimum of
four (4) years from the termination or completion of this or Agreement. This
includes any handwriting, typewriting, printing, photo static, photographic and every
other means of recording upon any tangible thing, any form of communication or
representation including letters, words, pictures, sounds or symbols or any
combination thereof.
18. Audits and lnspections:
At any time during normal business hours and as often as the CITY may deem
necessary, there shall be made available to the CITY for examination all of
CONTRACTOR'S records with respect to all matters covered by this Agreement.
CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or
transcripts from such records, and to make audits of all contracts, invoices,
materials, payrolls, records of personnel, conditions of employment and other data
relating to all matters covered by this Agreement.
No material produced in whole or in part under this Agreement shall be subject to
copyright in the United States or in any other country. The CITY shall have
unrestricted authority to publish, disclose and otherwise use, in whole or in part, any
reports, data or other materials prepared under this Agreement.
20. Equal Employment Opportunity:
ln performing the work herein, Contractor agrees to comply with the provisions of
Title Vl and Vll of the Civil Rights Act, Revenue Sharing Act Title 31, U.S. Code
Section 2'176. Specifically, the Contractor agrees not to discriminate against any
employee or applicant for employment because of race, color, religion, sex, national
origin, age, political affiliation, marital status, or handicap. Contractor will take
affirmative action during employment or training to insure that employees are
treated without regard to race, color, religion, sex, national origin, age, political
affiliation, marital status, or handicap. ln performing the Work required herein,
CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or
local law, rule or regulation against any person on the basis of race, color, religion,
sex, national origin or ancestry, age or disability.
21. Employment of Bona Fide ldaho Residents:
contractor must compry with rdaho state statute 44-loo2which states that thecontractor emproy ninety-five percent (95%) bona fide rdaho residents,
22. Advice of Attorney:
WATERMAIN EXTENSION AMIry . LINDERPtoject 10624.8 page I of 14
19. Publication, Reproduction and Use of Material:
Each party warrants and represents that in executing this Agreement. lt has
received independent legal advice from its attorney's or the opportunity to seek such
advice.
23. Aftorney Fees:
Should any litigation be commenced between the parties hereto concerning this
Agreement, the prevailing party shall be entitled, in addition to any other relief as
may be granted, to court costs and reasonable attorneys'fees as determtned by a
Court of competent jurisdiction. This provision shall be deemed to be a separate
contract between the parties and shall survive any default, termination or forfeiture
of this Agreement.
24. ConstructionandSeverability:
lf any part of this Agreement is held to be invalid or unenforceable, such holding will
not affect the validity or enforceability of any other part of this Agreement so long as
the remainder of the Agreement is reasonably capable of completion.
25. Waiver of Default:
Waiver of default by either party to this Agreement shall not be deemed to be waiver
of any subsequent default. Waiver or breach of any provision of this Agreement
shall not be deemed to be a waiver of any other or subsequent breach, and shall
not be construed to be a modification of the terms of this Agreement unless this
Agreement is modified as provided above.
26. Entire Agreement:
This Agreement contains the entire agreement of the parties and supersedes any
and all other agreements or understandings, oral of written, whether previous to the
execution hereof or contemporaneous herewrth.
27 . Assignment:
It is expressly agreed and understood by the parties hereto, that CONTRACTOR
shall not have the right to assign, transfer, hypothecate or sell any of its rights under
this Agreement except upon the prior express written consent of ClTy.
28.Payment Request:
Payment requests shall be submitted to City of Meridian through the City,s project
management software. The Project Manager will compare the invoice against'the
Payment schedule in the Agreement for compliance. Upon approval thaithe work
has been done and is in compliance with the Agreement, the project Manager will
approve the pay request for processing. city of Meridian paymenfterms are Net 30from the date city receives a correct invoiie. Final payment will not be releaseduntil the City has received a tax release from the Tax Commission.
WATERMAIN EXTENSION At\iltTy - LTNDER
Project 10624.B page 9 of 14
29. Cleanup:
Contractor shall keep the worksite clean and free from debris. At completion of
work and prior to requesting final inspection, the Contractor shall remove all traces
of waste materials and debris resulting from the work. Final payment will not be
made if cleanup has not been performed.
30. Order of Precedence:
The order or precedence shall be the contract agreement, the lnvitation for Bid
document, then the winning bidders submitted bid document.
31. Compliance with Laws:
ln performing the scope of work required hereunder, CONTRACTOR shall comply
with all applicable laws, ordinances, and codes of Federal, State, and local
governments.
32. Applicable Law:
This Agreement shall be governed by and construed and enforced in accordance
with the laws of the State of ldaho, and the ordinances of the City of Meridian.
33. Notices:
Any and all notices required to be given by either of the parties hereto, unless
otherwise stated in this agreement, shall be in writing and be deemed
communicated when mailed in the United States mail, certified, return receipt
requested, addressed as follows:
CITY CONTRACTOR
WATERMAIN EXTENSION AMIry - LINDER
Project 10624.8
DAHLE CONSTRUCTION, LLC
Attn: Chris Fox
4301 Garrity Blvd. Ste. 201
Nampa, lD 83687
Phone: 208-921-1793
Email: cfox@dahleconstructionllc.com
ldaho Public Works License #C-1 1 353-AAA- 1-2
City of Meridian
Purchasing Manager
33 E Broadway Ave
Meridian, lD 83642
208-489-0417
34
Either party may change their address for the purpose of this paragraph by giving
written notice of such change to the other in the manner herein provided.
Approval Required:
This Agreement shall not become effective or binding until approved by the city of
Meridian.
page 10 of 14
BY:
TATVI\,1Y dE WEERD, IVAYOR
Dated:
Approved by Council:
Attest:
C.JAY COLES, CITY CLERK
Purchasing Approval
BY:
KEITH WATTS, Purchasing tulanager
Dated::
Project Manager
Dean Stacev
DAHLE CONSTRUCTION, LLC
BY:
Charles LaMoure, CFO
Daled. 12/13/2017
Depa nt
BY:
REN STEW , City Engineer
WATERMAIN EXTENSION AMITY . LINDER
Project 10624.B page 1'l of 14
CITY OF MERIDIAN
out o,, tz/rq/tz
CITY OF MERIDIAN
BY: _
TAMMY de W D, MAYOR
Dated: w l � / dol /
Approved by Council: o l
Z 15;
Attest: /_ +-,/,
C.JAY OLE ITY CLERK
Purchasin
BY:
KEITH S, PurchX sin anager
Dated:: l Z/ / (//7
Project Manager
Dean Stacey
WATERMAIN EXTENSION AMITY- LINDER
Project 10624.8
DAHLE CONSTRUCTION, LLC
BY:--(
Charles LaMoure, CFO
Dated: 1211312017
\�po�QpFtATEO q(,cGs i
o1yuf o
I,4 V
S
2_ EAL
Depa
BY:_ L'.
WAAETE
N SW RT, City Engineer
Dated., /Z 1Y117
Page 11 of 14
CITY OF MERIDIAN
B . �:-
TAMMY de W D, MAYOR
Dated: Ia-/
Approved by Council: o/ 1
Attest:
C.JAYLES C TY CLERK
Purchasing Ap rova)
BY:
KEITH urchasi Ma er
Dated:: 21�� 1 y
Project Manager
Dean Stacey
WATERMAIN EXTENSION AMITY - LINDER
Project 10624.8
l
DAHLE CONSTRUCTION, LLC
BY:
Charles LaMoure, CFO
Dated: 12/13/2017
( 'L (gLOf
IDI W
Depaq int
BY:
WARREN STEWA T, City Engineer
Dated:: /Z �_ 1/ 7
page 11 of 14
EXHIBIT A
SCOPE OF WORK
REFER TO INVITATION TO BID PW.1811-10624.b
ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the
lnvitation to Bid Package # PW-181 1-10624.b, are by this reference
made a part hereof.
SPECIFICATIONS / SCOPE OF WORK
All construction work shall be done in accordance with the current version
of the ldaho Standards for Public Works Construction (ISPWC), the 2013
City of Meridian Supplemental Specifications to the ISPWC (and any
Addendums).
See separate attached documents:
Plans - Watermain Extension Amity - Linder by
Murraysmith dated September 2017 (23 pases)
Special Provisions and/or Technical Specifications by
Murraysmith daled 9124117 (87 pases)
WATERI.4AIN EXTENSION AIVIIry - LINDER
Pto)ec|10624.8 page 12 of 14
Exhibit B
MILESTONE / PAYMENT SCHEDULE
Total and complete compensation for this Agreement shall not exceed
$899,380.00.
Milestone 1
lrrigation (Water)
Crossings March 15,2018
'150 Days from Notice to ProceedMilestone 2 Substantial Completion
Milestone 3 Final Completion 180 Days from Notice to Proceed
Contract includes furnishing all labor, materials, equipment, and incidentals as required for the
WATERMAIN EXTENSION AMITY-LINDER per IFB PW-181 1-10624.8
.$899,380.00
!899,380.00
Total Bid Schedule A
NOT TO EXCEED CONTRACT TOTAL
Contract is a not to exceed amount. Line item pricing below will be used for invoice verification and any
additional increases or decreases in work requested by city. The City will pay the contractor based on
actual quantities of each item of work in accordance with the contract documents.
Item No.Description Quantity Un it Unit Price
303.4.1.C.1 EXPLORATORY EXCAVATION (lrrigation crossing)6 HR 5s0o
307.4.7.G.2 TYPE P SURFACE RESTORATION 8600 SY 5220,760
308.4.1.A.1
STEEL CASING PIPE BORING AND JACKING, 5TA
29+00 TO STA 29+20, 22" DIA .375 STEEL CASING
(lrrigation Crossing)
30 LF
s18,000
308.4.1.A.1
STEEL CASING PIPE JACKING, STA 74+60 TO STA
74+80,22" DIA .375 STEEL CASING (lrritation
Crossing)
30 LF
s18,ooo
401.4.1.A.1 WATER MAIN PIPE - 12" PVC C900llrrigation
Crossing)1.2400 LF s446,400
401.4.1.8.1 WAIER MAIN FITTING - 16"X12' DI- RED 1 EA 5800
401.4.1.8.1 WATER MAIN FITTING - 12" DI . CROSS 2 EA 51,s20
401.4.1.8.1 WATER MAIN FITTING - 12" DI - 45 DEGREE ELBOW 77 EA s7,480
401.4.1.8.1 WATER MAIN FITTING . 12' DI - MJ CAP 2 EA S7 40
401.4.7.8.1 WATER MAIN FITTING - 12" DI FLGXMJ ADAPTER 74 EA s2,800
402.4.7.A.7 VALVE - 12" GATE VALVE 23 EA ss0,140
WATERMAIN EXTENSION AMIry . LINDER
Project'10624.B page 13 of 14
MILESTONE DATES/SCHEDULE
PRICING SCHEDULE
Contract Pricing Schedule
403.4.1.A.1 HYDRANT 77 EA S64,6oo
1001.4.1.A.1 SEDIM ENT CONTROL 1 LS s19,040
1103.4.1.A.1 CONSTRUCTION TRAFFIC CONTROL 1 LS s10,400
2010.4.1.A.1 MOBILIZATION 1 LS s3s,400
5P-1
TEMPORARY ASPHALT PAVING (only if approved by
City of Meridian and ACHD in writing) {lrrigation
Crossint)
150 SY
S3,ooo
WATERMAIN EXTENSION AMIry - LINDER
Project'10624.8 Page 14 of 14
CITY OF MERIDIAN
WATERMAIN EXTENSION AMITY-LINDER
BID ABSTRACT
BID OPENING 12/1/2017
Item
No.Description Qty Unit Unit
Price
Bid Item
Total
Unit
Price
Bid Item
Total
Unit
Price
Bid Item
Total
Unit
Price
Bid Item
Total
Unit
Price
Bid Item
Total
303.4.1.C.1 EXPLORATORY EXCAVATION (Irrigation Crossing)6 HR 175.00$ 1,050.00$ 150.00$ 900.00$ 300.00$ 1,800.00$ 500.00$ 3,000.00$ 350.00$ 2,100.00$
307.4.1.G.2 TYPE P SURFACE RESTORATION 8600 SY 21.00$ 180,600.00$ 25.60$ 220,160.00$ 26.50$ 227,900.00$ 70.00$ 602,000.00$ 28.00$ 240,800.00$
308.4.1.A.1 STEEL CASING PIPE BORING AND JACKING, STA 29+00 TO STA 29+20,
22" DIA .375 STEEL CASING (Irrigation Crossing)30 LF 640.00$ 19,200.00$ 600.00$ 18,000.00$ 525.00$ 15,750.00$ 500.00$ 15,000.00$ 750.00$ 22,500.00$
308.4.1.A.1 STEEL CASING PIPE JACKING, STA 74+60 TO STA 74+80, 22" DIA .375
STEEL CASING (Irrigation Crossing)30 LF 640.00$ 19,200.00$ 600.00$ 18,000.00$ 525.00$ 15,750.00$ 500.00$ 15,000.00$ 750.00$ 22,500.00$
401.4.1.A.1 WATER MAIN PIPE - 12" PVC C900 (Irrigation Crossing)12400 LF 48.00$ 595,200.00$ 36.00$ 446,400.00$ 42.60$ 528,240.00$ 45.00$ 558,000.00$ 35.50$ 440,200.00$
401.4.1.B.1 WATER MAIN FITTING - 16"X12" DI - RED 1 EA 1,050.00$ 1,050.00$ 800.00$ 800.00$ 500.00$ 500.00$ 912.00$ 912.00$ 700.00$ 700.00$
401.4.1.B.1 WATER MAIN FITTING - 12" DI - CROSS 2 EA 1,200.00$ 2,400.00$ 760.00$ 1,520.00$ 1,025.00$ 2,050.00$ 1,708.00$ 3,416.00$ 1,000.00$ 2,000.00$
401.4.1.B.1 WATER MAIN FITTING - 12" DI - 45 DEGREE ELBOW 17 EA 580.00$ 9,860.00$ 440.00$ 7,480.00$ 750.00$ 12,750.00$ 814.00$ 13,838.00$ 1,100.00$ 18,700.00$
401.4.1.B.1 WATER MAIN FITTING - 12" DI - MJ CAP 2 EA 400.00$ 800.00$ 370.00$ 740.00$ 350.00$ 700.00$ 712.00$ 1,424.00$ 250.00$ 500.00$
401.4.1.B.1 WATER MAIN FITTING - 12" DI FLGXMJ ADAPTER 14 EA 400.00$ 5,600.00$ 200.00$ 2,800.00$ 350.00$ 4,900.00$ 616.00$ 8,624.00$ 300.00$ 4,200.00$
402.4.1.A.1 VALVE - 12" GATE VALVE 23 EA 2,450.00$ 56,350.00$ 2,180.00$ 50,140.00$ 2,000.00$ 46,000.00$ 2,620.00$ 60,260.00$ 2,500.00$ 57,500.00$
403.4.1.A.1 HYDRANT 17 EA 4,400.00$ 74,800.00$ 3,800.00$ 64,600.00$ 3,500.00$ 59,500.00$ 4,369.00$ 74,273.00$ 4,300.00$ 73,100.00$
1001.4.1.A.1 SEDIMENT CONTROL 1 LS 18,000.00$ 18,000.00$ 19,040.00$ 19,040.00$ 20,000.00$ 20,000.00$ 19,700.00$ 19,700.00$ 6,000.00$ 6,000.00$
1103.4.1.A.1 CONSTRUCTION TRAFFIC CONTROL 1 LS 9,000.00$ 9,000.00$ 10,400.00$ 10,400.00$ 21,500.00$ 21,500.00$ 21,530.00$ 21,530.00$ 15,000.00$ 15,000.00$
2010.4.1.A.1 MOBILIZATION 1 LS 40,000.00$ 40,000.00$ -$ 35,400.00$ 36,500.00$ 36,500.00$ 65,000.00$ 65,000.00$ 70,000.00$ 70,000.00$
SP-1 TEMPORARY ASPHALT PAVING (only if approved by City of Meridian
and ACHD in writing) (Irrigation Crossing)150 SY 15.00$ 2,250.00$ -$ 3,000.00$ 42.50$ 6,375.00$ 50.00$ 7,500.00$ 42.00$ 6,300.00$
-$ -$ -$ -$ -$ -$ -$ -$ -$ -$
-$ -$ -$ -$ -$ -$ -$ -$ -$ -$
-$ -$ -$ -$ -$ -$ -$ -$ -$ -$
-$ -$ -$ -$ -$ -$ -$ -$ -$ -$
-$ -$ -$ -$ -$ -$ -$ -$ -$ -$
-$ -$ -$ -$ -$ -$ -$ -$ -$ -$
-$ -$ -$ -$ -$ -$ -$ -$ -$ -$
-$ -$ -$ -$ -$ -$ -$ -$ -$ -$
-$ -$ -$ -$ -$ -$ -$ -$ -$ -$
-$ -$ -$ -$ -$ -$ -$ -$ -$ -$
-$ -$ -$ -$ -$ -$ -$ -$ -$ -$
TOTAL BASE BID 1,035,360.00$ 899,380.00$ 1,000,215.00$ 1,469,477.00$ 982,100.00$
KNIFE RIVERTITAN TECHNOLOGIES, INC DAHLE CONSTRUCTION SCHMIDT CONSTRUCTION BLUE SKY CONSTRUCTION
E IDIAN
IDAHO BID RESULTS
atermain ExtensionBIDNAME: Am nder W 2:30DUE DATE & TIME: December 1 2017
IDB UN M B RE PW 1 1I 1 1 b0624.
VENDOR
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TD
!
BID AMOUNT Atl.l,JafE
tOpened by
Attest:
gd\-)
L,O 5
Z Z zG2JZDa2aGa
I I IIII
anzaa
GAGGa2IIIII
II IIII
Ftv) t'E Zt v.=Z ----1-7 cgBZ /oo
i 1/;q 427 172- z-,
l'zt5'. oa i>5lg- t <a
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City Of uelidian
Statement of Revenues and Expenditures - Rev and Exp Report - Sandra - Unposted Transactions Incfuded In Report
60 - Enteq)lise l\:ad
3490 - (ater Construction Proiects
Fron. 7A/1/207'l Through 9/30 /2018
Percent of
Budget
Remaining
Budget uith Current Year
Actuaf
Budget
Remaining
95140
DEPT EXPENDITURES
TOTAL EXPENDITURES
Caprtal Outlay
WATERLINE EXTENS]ONS
TotaL Capi tal Outlay
4,200,139=8 L
1,240 , 333-3L
4,200,339.84
4,204,339 .84
100-00r
100.00t
0. 00
0=0 0
0-00
0.00
4,204 ,339 -84
4,200,339.84
1,200,3:9.84
4,2O0,339 -84
100.001
100.00?
(
I
Dat.. Il/6/11 10:00:22 Al.l
PublicWorks Search Page I of 1
rl print
ComDanv L iccnsc U or k I iccnsc L icense ., -,.,. A olliczLnr O$ ncr Com oanv Companv ( ornDanv Com pan\ o"^.. Exniration
Name Number Catccon Troc ekj! * N4!19 Name Atldress Q11 Slale Zipcude:Date
Parent
License
Number
fuil,:.,- 1g;00001
00002 LLC
90 Hwy 93 N SALMON D 33467
(208)
756-
x241
6/30r018
https://web.dbs.idaho.gov/etrakit3/Custom,{daho publicWorksprint.aspx 12114/2017
DAHLCON.O3 F M
CERTIFICATE OF LIABILITY INSURANCE 12t1312017
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 AlrlEND, EXTENO OR ALTER THE COVERAGE AFFORDED ByTHEpOLtCtESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTTTUTE A CONTRACT BETWEEN THE ISSU|NG TNSURER(S), AUTHORTZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLOER.
TIONAL INSURED provisions or be endorsed.
may require an endo6ement. A statement on
o RT N T th tirti hhocatederaDADotTtNLSNREDU s haust DDpocv(
UStf ROGA ONTI E D su ct to te nd itid thbj ol ct spop
isth tecertifica does ot fer hts to h rrifi ate olh de su h do s
(208) 269.3900
10677
38733
INSURERlSI AFFqR OING COVERAGE
Pocalello Office
Paynewest lnsurance, lnc,
275 S. sth Avenue, Suile #140
Pocatello.lD 8320'l
Dahle Construction LLC
90 Hwy 93 N
Salmon,lD 83467
PHONE
ADoSqSS:
- IrylllEaare in c in nati lnsurancq eelnpqdCl
rNsuRER 8:Alaska National lns. co.
INSURER C
LlllguRER D
rNslEE&E :
COVERAGE CERTIF BER REV I\4BER
NAMED ABOVE FOR THE POLICY PERIOD
CUMENTWTH RESPECTTO WHICH THIS
HEREIN IS SUBJECTTO ALL THE TERMS.
UMlls
CATED
TAI
NSRI
STN S cTO ERT T T TH E POL ESC o N US C E ST ED B ELO VEHA EB EN SUS DE THTO E UNS ED
N DI THNOTWI ST DN N ANG U REMEEO NT ET RM OR DITCON ON OF CONTNY CT o OTHE DO
Ec RT CATE B E SS EU ORD ER N ETH N RANCESU RDE D B TH E OL ESct ESD C B DE
USEXCL o sN DAN DTCON oNs o UCS POL c E Ls.M TS HOWNS HA BE EE REN UCD L)E BY D LAC SM
UB OLEoNSNCENBE
OAMAGE TO RENTED
P-BEMISEI(E. occu enc6l
!{ED ExP (Any one pe6oi)
IERSONAL & ADV INJURY
qENERALAGGREGATE
1,000,000
5oo,o00
10,000
1,OOO,OO0
2,OOO,O00
COM MERCIAL GEN ERAL LIABILIry EACH OCCURRENCE
cLAIMs-MADE fil o""u"PP0134646 o4101t2017 041011201a
2,000,000
x
PRODUCTS. C
x x
$
$
$
JECTtr IES
lLrc co
$
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AUTOMOBI!E LIABILITY 1,000,000
04t01t2017 04101t2018
NON-OWNED
AUTOS ONLY
BODILY IiUURY (Per o€rson) r
AOO,,",*r"" (o",
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X X EPP0134646x
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(Ea.@ident)
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COMBINED SINGLE LIMIT
SCHEDULED
AUTOS
A 5,000,000
5,000,000CLAIMS MADE PP0134646 04t01t201a
RETENTION$
x
DED
EXCESS LIAB
EACH OCCI]RRENCE
AGGREGATE
x
17DWS10523
B OTHx
$
DESCRIPT TIONS 500,000
E L EACHACCIDENT 500,000
500,000
EL DS
I]N
WORKERS COMPENSATION
AND EMP LOYE RS' LIA AILITY
ANY PROPRIEIOFI/PARTNE&EXECUTIVE
OFFICERTI,IEMBER FTCL L)OFN'(rra.d.lory in NH)
E L DISEASE. EA EM
DE SC RTPTION OF OPERATTONS / rOCAloNs / VFHTCLES (ACORD I Ol, Ar'dhto.at R.m.rr(3 sch.dure, may be .tach.d t, more sp.c6 is requt,6d)R€forence Proi€cl: 10624.8
torman Extension Amity-Linder
CE TEH CELLA
RD CORPORATION. A rights reserved
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE. EXPIRATION DATE THEREOF, NOTICE WILL BE OELIVERED INACCOROANCE wlTH T}IE POLICY PROVISIONS,
City of Meridian
Purchasing Department
33 E Broadway Ave Ste 106
Meridian, lD 83642 ("*l*^AUTHORIZEO REPRESENTATIVE
acoRD 2s (2016/03)
@ 1988-2015 ACO
The ACORD name and logo are registered marks ofACORD
Ar
,ACORD'
I
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(87 7 | 5 1 2'27 5 1
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5
OCCUR
04!01t2017 04t01120,18
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFUIIY.
COI.ITHACTORS' COMMERCIAL GENERAL LIABILITY
BROADENED ENDORSEMENT
This endorsemant modifias insurance provided undsr he following:
COMMERCIAL GENERAL UABIUTY COVERAGE PART
A. Endoreement - Table ot Contents:
Coveraoa:
Beoine on Paoe:L
2.
3.
4,
5.
6,
7.
8.
9,
2
7I
9
..................... 9Contol
State or Politicat Subdivisio ns - Permits Relatin g to P(emisss;State or Political Subdivi sions - Parmits; andContraclors'Op€rations
10, Broaden ed Contactu al Liability - Work Wfr in 50' ot Railroad Property11.Prop€rty Damago
Employ€o5 as lns ureds - Specifi ed
ipment
Health Care Servicas12.
lo Bonowed Equ
Nurses;
Emergency Medical Technlclans; and
Paramsdics
13. Broadened Notice of Oocurenc€
9
10
.........,..'.,,.,.,,'....., 10
10
14
14
B, Umils ol lnsurance:
nXr?f.ffffifffliljj:, Liabilitv Limits of lnsurance appry to he insurance provided by his endorse-
1. Employeo Benelit Liability Coverage
Each Employee Limit: g 1,OOO,OOO .
Aggragato Umir: $ 3,ooo:oooDeducribte: $ 1 ;o0O3, Damage lo prembes Rentod to you
The Iesser of:
a. The Each Occunence Limit shown in lhe Declaralions; orb. $8O0,000 unless othenrise slated g
{. Supplemontarypaymonl3
a. Bailbonds: $ i,OOO
b, Loss ofearnings: $ gSO
5. Medioal paymenrs
Medioat Expense Limit: g . .IO,0OO
cA 233 02 07 'tt#.B$#ig:l;"l.TiHT,:,;jll.:",lilIT pase 1 o, 15
Vendors;
os€
mac
6,v^olunlary Property Damage (coverage a.) and care, cusrody o, conrrot Liability coverage(Covsrage b,)
Umits of lnsuranc€ (Each Occunence)
Coverage a. $1,000
Coverage b. $5,000 unle6s otherwiss stated $ .--
Deductibles (Each Occurrsllce)
Coverage a. 9250
Coverage b.9250 unless othsrwis€ stated $
--COVEHAGE RATE
(For Llmits in Excsss of
s5,oo0)
AOVANCE PREMIUM
(For Llmils in Excess ol
$s,o00)
b Care, Custody
or Conbol $
$
11, Property Damage lo Bo[owod Equipmonl
Each Occunence Limit: $ 1O,O0ODeductble: $ 250
C. Coveragee:
1 Employe€ Ben€fi1 Liebility @verage
a. The following is added to SECflON I- GOVERAGES: Employoe Benefil
Uability Covorage. -
(1) lneuring Agreement
(a) We will pay those sums that
he insured becomss leoallv
obligated to pay as d-am'-
agos csused by any act, er-
ror or omission ol the in-
sursd, or of any oher per-
son lor whose acts the in-
sured ;s l€gally liable, towhich this insurancs ao-plies. We will have the right
and duty to defend $e -in-
sured against any "suit.
se6king thoss damages.
Howgver, we will have no
duty to delend agalnst any"suit" seeking damages towhlch his insurance does
not apply. W€ may, at our
otscrettoni tnvestgate aDyreport of an act, srror oromisslon and sotte any
cl .aim-or "suit' that may re-sull. But:
1) The amount wo wlll Dav
tor damages ls limitoAas describad in SEGTtoNil-UMnsoF
INSURANCE; and
2) Ou_r right and duty to
defend ends whan we
have used uo th€ ao-
plicable limit' of insdr-
ance in ftB paymsnt o[judgments or sett6-
ments,
No olher obligaton or liabil-
ity to pay sums or psrform
acts or set.ic€s is covered
unless explicidy provided for
under Supplomentary Pay-
ments.
(b) This lnsurance applios to
damages only if th'e act, er-ror or omission. is neoli-gently committed in rs"administration' ol vour"€mploy€e benefit iro-gram";and
1) Occurs during the pol.
tcy Psnod; or
2) Occuned prior to the
effectivs dat6 o, this
endorssment providsd:
a) You did not have
knowledge of a
claim or "suit' onor b€Iore lho sf-
,ectivs date ol hls
endors€msnt.
You vrill be
desmad to have
knowledge of aclaim or "sult'when anv
'authorized rsore-
s€ntative':
GA 233 02 07
lncludes copyrighted material of lnsuranca
Services Oflic€, lnc., wilh its permission.Page 2 ol 15
PBEMIUM BASIS
(a) Area(b) Payroll(c) Gross Sal6s(Q Units(e) Olhsr
D Fleports all, or
any part, of theacl, snor or
omission lo usor any oher
tnsurer,
ii) Beceives a
written or ver-
bal demand or
claim for dam-
sgss becausg
ol lhe act, or_ror or omis_
sion; and
b) There is no otherapplicable insur-
anc6,
(2) Exclusions
This insurance does not apply
to:
(a) Eodily tniury, properry
Oamage or Personai aniAdvortising lniury
"Bodily injury','proDerty
damage" or 'persohal anS
advsrtising injdry'.
(b) Diehonest, __ Fraudulent,
Criminal or Malicious Act
Damages arising oul ol anyintsntlonal, -dishonesl,
kaudulsnt, criminal or malij
cious act,.€nor or omission,
committed by any lnsured,
including lhe'willful or reck.
less violatjon of any statuts.
(c) Failure lo Porform a Con-lracl
Damages arising out of hll_
ure of performanc€ of con-
tract by any insuror.
(d) lnsufliciency of Funds
Pan'!qS.." arising out of anhsufttciency of funds lo
meet any obligations underqny ptan included ln the'employee bansfit pro-
gram .
(e) lnadoquacy ol pertorm-
ance ot lnvoalmenl / Ad-
vic_e Given Wilh HesD€ctlo Participation
Any claim based upon:
1) Failure of any invost-
mont to psrform;
2) Enors. in providing In_
tormauon on pas! p€r_
formance of lnvsstrnent
vohiclos;or
3) Advlce glven to anv
person witr resp€ct t6that person's d'ecision
to particlpat€ ot not trcparticipate in anv nlanincluded in the' rem-
ployee benefjl Dro-gram'.
(0 Workere' ComDensation
and Similar Lawi
Any claim arising out ofyour fallure to cornDlv with
lhe mandatory provisibns ot
any wofkers' compensation,
un6mploym€nt comDensa-
tion insurance, soclal secu-
rity or disability banefits law
or any similar law.
(s) ERISA
Damages for which any jn-
sured ls liabls becausL of
liability impos€d on a fiduci-ary by lhe Employee R€-tirom€nt lncome SecuritvAct ol 1974, as now oi
hereattar amended. or bv
any similar federal, ltate o'r
local laws.
{h) Available Benelits
Any clalm lor benefits to thesxtont that such bensfitsare availabla, wih reason_
able elfort and cooDsration
o, ttte insursd. trom the ao-plicable funds accrued br
other collectible insuranca.
(D Taxes, Fines or PEnaltios
Taxes, fines or penaltiss
including trose'imposed
under the Intemal Reienue
Code or any similar $tals or
Iocal law.
fl Employment-Rclated
Practiccs
Any liability arising out ofany:
(1) Refusal to employ;
(2) Termination of
ploymBnt;
6m.
(3) Cosrclon, demotjon.evaluaton, rsassion-
menl, disciplins, d€-ra-maton, harassment-
humiliation, discriminajtion or other employ_
GA 233 02 07 lnclud€s cqqyrighted malerial of lnsurancor€rvtces Omce, lnc., with its p€rmission.Page 3 o, 15
b,
m6nfrelat€d practic€s,
acts or omissions; or
(4) Gonsequentiat liabilitu
as a raiult of (1), (Z) or
(3) abov€.
This exclusion aDDlies
wh€th€r the insured miv be
h6ld liable as an empl6yer
or tn any othsr capaclty andto any obligation to share
damages with or repay
som€ono gls€ who mustpay damages because of
the inlury.
(3) SupplemenlaryPaymonts
gF.gltoJ{ I - covERAGEs,SUPPLEMENTABY PAY:
MENTS"COVERAGESAAND
B also apply to this Coverage.
Who is an lnsured
As respects Employee Ben6fit Liabil-
ity Coverage, SECTTON ll - WHO lSAN INSURED is deleted in its en-
tirety and rsplaced by the following:
(1) lf you are designated in the
Declarations as: -
(a) An individual, you and your
spous€ are Insur€ds. but
only with respect to the
conduct of a business of
which you are the sole
owner.
(b) A partnership or loint ven-
fure, you aro an insurod.
Your members, your part.
ners, and their spouses are
also insureds but only with
respoct to ths conduct of
your business.
(e) A trust, you ar6 an insured.
Your tustees are also in-
sureds, but only with re-spect to thelr duties as
trostoss.
(2) Each ol he following is atso an
lnsu rsd:
(a) Each. of your 'employees"
who is or was auhorized lo
administer your "employee
benefit progiam'.
(b) Any persons, otganizationsor 'employees' havingpropsr temporary authori-
zalion to adminlstsr vour'employee benefit progiam'
il you die, but only until your
isgal representative is ap-
pointed.
(c) Your legal representative ifyou die, but only wlh rs-
specl to dutj€s as such.That represenhtive will
have all your rights and du-
ties under this Coverage
Part.
(3) Any organlzation you nawly ac-
quire o, torm, other han a part-
nership, ioint venture or liriritedliability company, and over
which you maintain ownershiDor ma.iority intsrsst, will qualifu
as a Named lnsured if no'olhe'r
similar insurance applies to thatorgantzaton. However, covor-
age und€r lhis provision:
(a) ls aflorded onty until the
l8oth day atter you acquire
or fom the organization or
the end of trs policy period,
whichever Is erirlier; dnd
(c) A limlted liability company, (b) Does not apDlv to anv act.you are an insured. your eror or omiision tha[ waimembars are also insureds, commined t;i# ;;; ';:
our onty wtth respect to ths quked or lormed 'the or-c,onOuct ol your businsss. gjaniZation.fouf manaoels are in.
sureds, but -only wisr re- c' Limite ol lneurance
spect to heir duties as yourmanasers. l: l"-:P-"-:E Emgloyee-Be.nefit Llabil-
t.y coverago, SECTIOiI lll - LlMtfS(d) An organization other than gF INSUBANCE is deleted in its en-a parfiership, joint vsntur6 tirety and replaced by the following:'or limited liablllty company,you ar€ an rnsur6d. Your (1) Ihe- Umits of ln-surance shown,.x""rwd" oiiiliJi.a-lnj ljl ln Section B. . Umirs of tnsui_
rsotors a[e insuieOs-_t_uf ance, 1. E nproyee genetil U_
only with respact to theli aDlllty -coverage and the rules
dudes as your'oficeii oi oi- bslow fix lhe .most we will pay
rectors. vour "fo"]itioia"i!
regardlass of the number ol:
. .
are also insureds. but onlvwirh r;sp;;i Ei;iiiiilu"riiii (a) lnsureds;
as stockholders.
Includ€s copyrighted material ol lnsurance
Servtc€s OFlice, lnc., with its permisslon. pago 4 o, 15
GA 23s 02 07
(b) Claims made or "suits.
brought;
(c) Persons or organizations
making claims or bringing
'suits"a
(d) Acts, enors or omissions; or
(e) penefits included in your'omployee bensfit pro-gfam".
(2) The Aggregate Limit shown in
S€ction B. Limils ol lnsurance,1. Employee Benetit Liability
Coverage ol his endorsemedtls hs most we will pay for alldamagBs because of acts, er-rors or omissions negliginty
committed in tho "aditiiistra'.
lion" of your "gmployes bensfitproglam'.
(3) Subject to the limit described in(p .qbg-ve, the. Each Emptoyee
Limit shown in Section B, Liniitsof lnsutance, 1. Employee
Benefir. Uabllity Coverige of
thls endolsemsnt is th6 most w€wili pay for all damages sus-
lsined- by .any one 'eriployee.,
including damages- susdineid bfsuch "employeet' dependenti
and bensliciarles, as a iesult ol:
(a) An act, enor or omission; or
(b) A series of related acts, er-rors or omtssions, reqard.
less of the amount ol-time
that lapses bglwean such
acts, anors or omissions,
negligendy committed in he'adminlsbation" ol your 'em-
ployee benefil program".
However, he amount paid un-der this endorsemont ahall notexceed, and will be subiect tohe limits and resHctions *rat
apply to the payment of bonefits
in any plan included in tha .em-
ployee benefit program".
(4) D€duclible Amount
(a) Our obligation to pay dam-ages on behalf of tre ln_surod appli€s only to lheamount of damag6s in ex_csss ot the deductible
amount stated ln the Decla-rations as appllcable toEach Employeo. Th€ llmitsot tnsurance shall not bereduced by ths amount ofthis deductible.
2
(b) The deductible srhount
staled in he Declarations
applies to all damages
sustainsd by any one "em-ployee", including such"employse's" dependants
and beneficlaries, becauss
of all acts, enors or omls.sions to which trls insur-
anc€ appliss.
(c) Ths lsrms of lhis lnsurance,
including those with respeci
to:
1) Our right and duty todelend the insuredagainst any 'sults,
seeking lhose dam-
ages; and
2) Your duties, and the
duties of any othsr in-
volved insurbd, in the
evsnt ol an act, onor or
omission, or claim,
apply inespective of the
application of the dsductible
amount.
(d) We may pay any part or all
ol the dsductiblo amount toetfecl settlement ot anv
claim or 'suit' and, upoi
notification of tre action
tak€n, you shall prompUy
rslmburce us for such part
ol the deductible amouni as
we have paid.
d. AdditionalConditions
As rospects Employee Benefif Li-ability Cov€.ase, SECIION lV -
coMtlrERC|AL -c'E}rrnaL iastt-lW CONDITIONS Is amendad as
follows:
(1) ltem 2, Dutisa in the Event ol
Occurrence, Off€nse. Claim orSuit is deleted in its entirety and
replaced by the following:
qulies in the Event ol an Act, Enor oromission, ot Clairn or Sult
a, You must sss to it hal we are noti_
tr6d as soon as praclicable of an act"enor.or omission which mqy result iria clalm. To the €xt6nt possible, no-tics should includa:
(1) l{hat tre act, error or omission
lyas and whsn it occuned; and
(2) The names and addr€sses o,anyone who may suffer dam_sgss as a result o, ths act, enoror omission.
G4233 02 07 'tl'J,::.?#g:;T,T?fi i[,;:*i"Tffi:"Pag€ 5 ot'ts
b.If a claim is mad6 or "suit' is brought
against any insured, you musl:
(1) lmmediately record the specificsof $e clalm or'suit" and ths
date recelved; and
(2) Notify us as soon as practicabl6.
You must se€ lo it hat we recsive
writlen notica of tho claim or 'suit' as
soon as praclicable.
You and any oher lnvolved insured
must:
(1) lmmediately send us coples ofany dsmands, notices, sum-
mons6s. or legal papers re-ceved tn connoction with the
claim or 'suit";
(2) Authorize us to obtain records
and ot!er information;
(3) Cooperate with us in th€ investi-
gation or sstUsment of the claimor defense against lhe 'suit';
and
(4) Assist us, upon our requesl, inthe €niorcoment ot any right
against any person or orfanlia-
tion which may be liable to he
insured becau6e of an acl, €nor
or omlssion to which this lnsur-
ance may also apply.
No lnstrred will, except at that in.
sured's own cost, voluntarily make a
paym€nt, assums any obligation, or
Incur any expenso without our con-
s6nt.
(2) ltem 5, Olhor lneurance is de-
leted ln its entiroty and replac€d
by the following:
5, Olher lnsurance
lf other valid and collectible
insurance is available to the
lnsured for a loss we cover
under. this Cov€rags part,
our obligations are limited
as follows:
a. Primary lnsurance
Thls insuranco is pri-
mary except when c.below applies. ll trhis
insurance .ls primary,
our obligations are n6t
atfecled unloss anv ofthe other lnsuranc6 is
also primary. Then. wewill share irith all tratofrer insurance bv the
metrod described'in b.
below
b. Method ol Sharing
lf all of tha othsr insur-
ancs permits conhibu-
tion by equal shares,we wili follow this
melhod also. Under
thls approach each in-
surer contibutes gqual
amounts unul it haspaid its applicable limit
of insuranbo or none olthe loss remains,
vrhichever comes firsl
lf any ot the other in-
suranc€ does not per-mit conkibution ' bv
equal shares, we w tconbibute by limits.Under this method,
each insurer's share is
based on the ratio of its
applicable llmit of in.
surance to the total ap-
plicable limits of insur-
ance of all insurers.
c. No Coverage
This insurance shall notcover any loss for
which lho insured is
€ntiUed to recovery un-dsr any other insur"
ance in force previous
to lhe effective dale of
this Coverage ParL
Additional Detinitions
As respecls Employee Benefil U-ability - Coveras6, SECTION V -
DEFINIflONS is imended as fol-
Iows:
(1) The following dsfinitions ars
add€d:
1,'Administration' means:
a. Providing inlormatjon to''omployses", includinq
thelr dependents and
beneficiaries, with re-
spect to eligibility ,or orscope of .emplovss
benefit programsr; '
b. lnlorpreting the
Ployee benefit
grams';
c
d.
Handling records inconneclion with lhe'employse bonefil pro,
grams'; or
Eflecting, conlinulno orterminating any ,'-em.
ployee's" participation
e.
'em-
pro-
c
GA 233 02 07
lncludes copyrlghted mqterial of lnsurance
Sarvices Offico, lnc., wilh its permission.
d
Page 6 ot 15
2.
b. Tho ,ailure to ef{ect or
maintain any lnsuranceor adsquata llmits of
coverage ol insurance.
including but not limitedto unemployment in-
suranc€, social securitv
benefits, workers' com'-
p€nsation and dlsabilitv
benefits.
"Cafetsria plans' meansplan authorized bv aoolica-ble law to atlow ' "ein'olov-
ees' lo elscl lo pav for ce'r-lain bsnefits uiitfi ore-tax
dollars
'Employee ben€fit oro.grams" means a prog;am
provtdmg some or all qf the
following benefits to "em-
ployees", whether provided
through a 'cafeteria plan' or
oherwise:
a. Group life insurance:group accident or
hsallh insuranc€; den-
tal, vision and hearinoplans; and flexiblEspending accounts:provided hat no ondoher than an "em-
ployee" may subscrib€to such bsnefits and
such bsnefits are madegenerally avallable to
hose 'employees' who
satisty he plan's elioi-
bility requirehents; -
b. Profit sharing plans,emptoyee savingsptans, €mployoo stock
ownership plans, pen-son ptan6 snd stocksubscription olansprovided that nd ondoher than an "em.ployee' may subscribeto such bBnelits and
such ben6nts are madegenerally avallabls toa "smployeos" whoare eligible under heplan lor such benefits;
c. Unemployment insur_ance, social security
in any b€nelit included
in the "emplovee bene-
fitprograni".'
However,'administration'
does not include:
a. Handling payroll de-
oucDons; or
benefits, workers, com-
pensation and disability
benefits; and
d. Vacatjon plans, includ-
ing buy and sell pro-
glams; l6aye of ab_sence programs, in-
cluding military, mater-
nity, family, and oivilleave: tuition assis-
tanc€ plans; banspor-
tation and healh btub
subsidies.
(2) The following delinitions are
d€lelsd ln their entirety and re-
placed by the following:
21. "Suil. means a civil oro-
c€€ding in which mohey
damagas because of anact 6nor or omission to
which lhis insurance aoolies
are allsged. 'Sult" incluies:
a. An arbitration Dro-
ceedlng in which such
damagos are claimsdand to which the in-
sured must submit or
does submit with our
consent;
b, Any otfrer altemative
dispute resolution oro_
ceeding in which s'uch
damages are claimed
and to which the in-
sured submits wilh our
@nsgnt; or
c, An appeal of a oivil
proceeding.
8, "Employee' means a Der-
son. actively employed, for_meity gmploysd, on leavsol absence or disabled, orretired. 'Employee' in-cludes a .leasbd ' worker","Employee' doos not in_
clude a "temporary worker".
Uninlenlional Failure lo Dieclose Haz_ards
ii"rll'fl,''"bfrBHl5"f":'?:3S*:
[:llTr',h:,Sfilillnamended bv t]ie addi-
Based on our dependance uDon vourr€pJeEsrtations as &o axistinq h'azards. ifuntnren[ona y you should taii to discloieaI s_uch.tEzards at the lncaption datJ oi
fili'ifiii:c'v"dl F:l t"i::! ::,;'iffi
3
2.
G4233 02 07
' t"i#::."8#:g:,FS,T?if ffi
,
#,Ifli.Iil:"Page 7 of 15
3 Oamage to Premisos Renled lo you
a. The last Subparagraph o, paraoraDh2. SECTION I . COVERATES.@VERAGE A" . BODILY TNJURY
4!P.EEo_PEFTY DAMAGE; 2. a_ABILITY Exclusions is herdUy de-
lstod and replac€d by the lollowrng:
Excluslons c.. hrough q. do not applylo damags by fire, explosion, Iight'_ntng, smol(e or soot to premisss
wntte rented to you or temoorarilv
occupied by you with permislion dflne owner.
b, The insurance provided under SEG
T]ON I . COVERAGES, COVERAGEA BODILY INJURY 'AND
PFOP.ERTY DAMAGE LIAB|UTy appiiesto 'propsrty damage'arising 6ut ofwater damags to premises that are
both r€nted to and occupisd by you.
(1) As. respects Water Damag€ Le-gal Liability, as providid in
Paragraph 3.b, above:
The exclusions under SECTIONI - COVERAGES. COVERAGEA BODILY INJURY AND
PROPEBTY DAUAGE UABIL-
lTY, 2. Exclugione, other than i.War and lhe Nuclear EnerovLiability Exclusion, are deletSS
and the lollowing are added:
This insurance does not apply
lo:
(a) -Property damage":
1) Assumed ir any con-
lract;or
2)Loss caused by
suitr'ng lrom any
following:
a) Wear and tear;
b) Rust, conosion.fungus, decay,
deterioration, hid-
den or latent de.
f6ct or any qualityrn propsrty that
causas lt to dam-ags or deslroy it-
self;
M€chanicalbreakdown in-
cluding rupturs orbursting caused
PY cenEllugal
lorc0:
e) Seflling, cracking,
snnnKng or sx-
panston; or
f) Nestlng or lnlesta-
tion, or dischargoor rsl€ase ol
waste products or
secretions, by in-
socts, blrds, ro_dgnts or other
animals.
(b) Loss caused dirac!,y or indj-recuy by any ol h; follow-
Ing:
1) Earhquake, volcanicsruption, landslide or
any ohor earth move_
meDl;
2) Water that backs uo orovsrflows from a
sewer, draln or sump;
3) Wator under lheground surlace Dress-ing on, or flowiho or
seeping through: -
o) Foundations,
walls, flools or
paved surfaces;
b) Basements,
whsther paved or
not; or
c) Ooors, windows or
oher openings.
(c) Loss caused bv or resultinofrom water th'at leaks o-r
flows lrom plumbing, heat.
ing, air conditioning, or fireprolection systoms caused
by or resulting from frsez.
ing, unlsss:
1) You did your bssl tomaintain heat in th€
building or structure; or
2) You drained the
equipment and shut ofl
the water supply il th€heat was not main-
tainad.
(O Loss to or dsmag€ to:
1) Plumbing, heating, aircondttonjng, firs pro.
toction systems, orother equipm€nt or ap_pttanoas;or
2) The intenbr ol anv
buildlng or stsucture. o'rto personal proosrh; in
the building or siructure
or re-
ol he
c)
d)
Smog;
GA 233 02 07
' Bj',',*""tsi:g :,f:,HHi;? Jj$::jill:"Page 8 ol i5
4
causod.by or resultlng
lrom rain, snow, slsetor ics, whether driven
by wind or nol.
c. Limil ol lnsutanee
The Damage to Premises R€nted toYou Limit as shown in he Declara-
tions is amended as follows;
(2) Paragraph 6. of SECTTON llt -llMlTS oF TNSURANCE is
hereby deleted and replaced byho following:
6, Subject to 5, above, heDamage to premisss
Renteal to You Limit is the
['9i!_-!ry9 will pay under
COVEFAGE A. 'EODILY
INJURY AND PFOPERTY
DAMAGE LlABtllTy, lordamages because ot'prop€rty damage" topremlsss while rented to
you or temporarily occupi€d
by you vvith psmission otths owner, arising out ofany ono "occunence' to
which his insurance ap-
plies.
(3) The amount ws will pay is lim-
ited as described in Settion B.
Limil,s ol lnsuranco, 3. Dam-ag6 to Promia6s Bgnled to
You of this endorsemont.
Supplemenlary Paymonts
!1{91_-s!cltoN I - covERAGE, sup-
PLETiIENTARY PAYi,ENTS . cbvEn-
AGES A AND B:
a. Paragraph 2. is replaced by the lol-
towtng:
Up to tha limit shown in Section B.Umils ol lnsurance, {.a, Bail Bondiot this gndors€msnt tor cost of biilbonds raquired because ol accidentsor baflic law violations arisino out ofths.uso of any vehicle to wiich theuodtty hjury Liabilitv coveraoe ao_pli€s. . W6 do not have to 'tr:mijh
mess bonds.
b. Paragraph 4. is replaced by lhe fol_towtng:
fllr?-qglqOE €xpenses incuned bythe,lnsured at our request to assijtus tn.the investigalion or defenso o,lns claim or "suit., including aofualtoss ot.eamhgs up to h6 l;mit shownln. sscton B- Limits ol lnsurance.{.D. Lo6s ot Eamings ol this enj
;o;ffiHi,ljfl", day because of rime
5. Medical Paymente
The Medical Exponss Limit of Anv One
Person as stated in tre Dsclaratiilns is
amended to ha llmlt shown in S€ction B.Limils ol.lnsuranco, 5. Modical pay-
menls of his endorsement.
6. Volunlary Property Damage and Care.cuslody or Cont;ol Liabilifi Coverage
a. Volunlary Properly Damago Cov.
erago
We will pay tor "proporty damage,, topropsrty ol othars arising out of op.
srations lncidontal to the insured's
business when:
(1) Damage is caussd by the in-
sured; or
(2) Damage occurs whlle in the in-
sured's possession.
With your conssnt, we will make
theso paym€nts rsgardless of lault,
b, Gare, Custody or Control Liability
Coverago
9EQnqN t- covEBAGES, cov-
ERAGE A" BODILY INJURY AND
PROPERTY DAMAGE UABIUW, 2.
ExcluBions, i. Damage lo prop€rly,
subparagraphs (3), (a) and (5) donol apply to "property damagti, totne prop8rty of others described
therein.
Wth respect to the insurance Drovidsd bv
this. section of the endorsem6nt, lhe fof-
Iowing additional provisions apply:
a. The Limlts of lnsuranco shown in the
Dsclarations are replaced bv tre lim-
its designated ln Section B. Limits oltnsurance, 6. Volunlary property
Damage and Care. Custodi, o'IControl Uability Coverage oi trisenoorsomenl with rgspsct lo covor-ag€ provided by this 'endorsement.
Thssa llmits ars-inclusivo of and noiin addition to the limits beino re-placed. The Limits ot lnsuiance
shown in Section B. Umils of lngur-ance, 6. Volunlary property Dam_age .a_-!d care, Cuslody or ControtLiability Coverage ol this endorse-ment-ttx th6 most we will pay in anvone. occurrence. regardlesi of thirnumDsr ot:
(1) lnsur€ds;
(2) Claims made or .suits. brought;or
(3) Persons or organizations mak_tng ctaims or bringing "suits,.
QA 233 02 07 't1',H'"8,{g:,f 1,ff HTg;ilXiJ;fl l:Page 9 of ,s
b. Deductible Clause
(1) Our obligation to pay damageson your behalf applies only to
the amount o, damagos lor each''occurrence, whlch - are in ex-
cess of he deductible arnountstated in Section B, Umits otlnsurance, 6, Volunlarv proo-
srty Damage and Cadr. CuL-tody or Control Liability Cov-
orqge ol this endorssmerit. Th€
limits of insuranc€ will not be re.
duced by he application ol such
deductible amount.
(2) Condition Z. Duties in the Event
ol Occurrence, Otfens€. Claim
or Suit, applies lo each Claim or'suit" Inespeotive of the amount.
(3) We may pay any part or all o,
th6 deductible amount lo effect
ssttlgment of any claim or ,'suit"
and, upon notification ol th6 ac-
tion .taken, you shall prompUy
relmburso us for such part of fre
deductible amount as has been
paid by us.
7. 180 D-ay Goverage tor Newly Formed orAcqulred Organizalions
sEcTloN ll - WHo lS AN TNSUBED is
amanded as lollows:
Subparagraph a, ot Paragraph 4. Is
hereby doletsd and replaced by tfre fol-
towtng:
a. Insurance under this provision is af-
fordad only until tho i80th day afteryou acquire or ,orm h€ organlzationor the 6nd of he policy period,
whichevar is earlier;
8. Waiver ot Subrogatlon
SECTION IV. COi,IMEBCIAL GENERAL
UABIUTY CONDffiONS, 9. Transtor olHighls o, Becovory Agiinst Otherc ro
Us ls horeby amended by lhe additjon of
tfie followinj:
We waivs any right ol recovery we mayhave bscause ol payments wa make for
rnJUry or damags arising out of your on-gotng opgratons or -your work- done un-der a written cohkact requlring suchwaiyer with that persoo or brgaiizationand includBd in the .products jomoleted
operations hazard'. However, our'riohtimay only .be wafued prior to ihe ;ociui-
ronoa-,gtying ,se to the iniury or damagetor which we make paynierit under th"lsuoverage. parl. The insured must donothtng after a loss to impalr our riohts.AI our request, ths lnsured will brino rsuit"
or.transfsr lhos€.rights to us and h-elp uientorc€ those rights.
AuloDalic Additional lnsured - Speci-tied Relalionships
a. The following is h€rebv added (o
SECTION II . WHO IS AN INSUBED:
(1) Any person or organization ds-scnbed in Paragraph 9.a.(2)
below (hereinafter refened to hi
addltional insured) whom vou
are required to adtJ as an aldi-
tional insured under this Covsr-
age Part by reason of:
(a) A wdtten contraol or
agrsemsnt; or
(b) An oral agreament or con-
tract whers a certificate of
insurance showing that p6r-
son or organization as an
additional insured has besn
issued,
is an lnsured, provided:
(a) The wdtten or oral contract
or agroem8nt is:
1) Cunently in sff€ct orbecomes eflective
-during the policy pe-
riod;and
2) Executed prior to an
'occunencd' or offens€
to which his insurance
would apply; and
(b) They are not soocifically
namod as an adciitional in'-
sured under sny othsr pro-
vision ot, or ehdorssmentadd€d lo, his Coverage
Part.
(2) Only the lollowing persons ororganizations are additional in-
sureds under thls endorssment,and insuranc€ coveraoo oro-vided to such additio-nal ' in-
sureds is Iimlted as provided
herein:
(a) The manager or lessor of apremises lsasad to you with
whom you have agieed per
Paragraph 9.a.(1) -above toprovide lnsuranc€. bul onlv
with resp€ct to liabillty ari8'_
lng. out ot the ownership,
maint€nanc€ or use of hhipan of a premises leased toyou, subjsct to tre following
addilional exclusions:
This insurance doss not
epply to:
f) Any "occunsnce"
which lakes placa afler
9
GA 233 02 07
lnclud€s copyrighted material ol lnsuranceti€rvlces Oflic€, lnc., with its permission.Page 10 ot 15
you c6ase to be a ten-
ant in that premisss.
2) Structural alterations,new construction ordsmolition operations
perlofmed bv or on be-
half ol such additionat
insured.
(b) Any psrson or orqanlzationfrom which vo-u lease
€quipment with'whom vou
have agreed per paraoraDh
9.a.(r) abovo to provids in-
suranc6. Such person(s) or
organization(s) are insureds
solely wlh rbipect to treir
liability arising out of the
maintonance, operation oruss by you of €quiDment
leased to you by sirch per-
son(s) or organizationi(s).
Howev6r, this insuraricb
does nol apply to any ''oc-
cunence' which takes olace
affer 0re equipmant lease
axplros.
(c) Any person or organlzation
(refsngd to bolow as ven-
dor) wih whom you haveagreed Der Paraoraoh
9,a.(1) ab<ive to proviiie in-
surance, but only wllh 16-
spect to 'bodily injury' or''propglty damage' arising
out ot'your products" which
ar6 disEibutsd or sold in the
regular coursE ol tho ven-dot's business. subl6ct to
the following aiditioial ex-
cluslons:
1) The insurance affordedth€ vendor does not
apply to:
a) "Bodity injury. or"property damage,,
for whlch the v6n-
dor is obligated topay damages by
reason of tte as-
sumption of liabil.
ity in a contracl oragreemsnt. This
exclusion does not
apply to liabillty for
damagas that h€vendor would
have in ttre ab-
senc€ of lhe con_
c) Any physical or
chemlcal chanoein the produ-ct
made intantional,y
by lhe vendor;
d) Repackaging, un-less unoacked
solely for tre pur-
pos€ of inspection,
d€monstration,
l€sting, or hesubstitution olparts undel in"
suuclions lrom hs
manulactu16r, andthen repackagedin th6 odginal
conlatngr;
e) Any failure tomaks such in-
spections, adjust-
meftts, t€sts or
servicing as thevendor has
agreed to make ornornally under-
takos to maks inhe usuql courssof business, inconnection witr
the distribution or
sale of the prod-
ucts;
0 DemonsEation, in-
stallalion. servic-
ing .or repah op-sraEons, oxceptsuch operations
perlormed at h6
vendor's premises
in conneition withthe sals of bs
product;
g) Products which.
after distribution oi
sale by you, havebeen labeled or
relabeled or ueedas a container,
part or ingredisnt
ot any other thlng
or substanc€ bv or
lot the vendor -
2) This insurance doesnot apply to any ln-surso person or or_ganization:
a) From whom younaya acouired
such producG, orany ingredient,part or contalner.
entering into, ac-
fact ol
ment;
agrss-
Any express war-
ranty unauthorized
by you;
GA 233 02 07
b)
' Ti$= ""ts#g:,f:,ff fi il,:, ;j#gil:"Page 11 ol 15
"products-
completed opera-
tions hazard,' hasbeen excluded
under this Cover-
age Part wih re-sp€ct to such
products.
(d) Any state or politicat subdF
vision with which vou haveagre€d per PiraOraph
9.a,(1) above to provide in-
surance, sub.lect to h6 fol-
lowing addltional provision :
This insurance appliss only
with t€spect lo tha followino
hazards for which he stat6or political subdivjsion has
issu6d a pormit in connec-
tion with premises you own,
r€nt or conbol and to which
this lnsurance applies:
1) The existenoe, mainte-nancs, repair, con.
struction, erection, or
removal of. advertising
srgns, awntngs, cano_pies, cellar entrances.
coal holes, driveways,
manhol€s, marquoos.
hoisl away opahings,
sidewalk vaults, stre€t
bann€rs, or dscora-
lions and similar sxpo-
sures;or
2) The construction. erec-
tion, or removal bl ele.
vators;or
3) Th6 ownership, main-
tenance, or use of anv
e,evalors covered bi
this insurance.
(o) Any state or political subdl-
vlsion wlh whlch vou havaagreed p€r paraqraoh
9.a,(1) abcive to provide in-
surance, sublect to the fol-
lowing provlsibns:
1) This lnsurance aoolies
onty with respect td oo-
erations performed 6yyou or on your behall
for vyhich the state or
political subdivision has
issued a pstmit.
2) This lnsurancs does
not -apply to "bodily in-jury', 'property <iam-
age' or "personal andqdvertising injury' aris-ing out o, operations
p€rlormed lor the stat€
or political subdivislon.
(f) Any person or organization
vrith which you have aoreedpgr Paragraph 9.a,(1)
above to provide insurance,
but only with resDsct to li-
ability arislng oui of 'your
work' per{ormed for -lhat
additional insured bv vou or
on your behalf. A p6rlon or
organizalion's statirs as an
insured under thls provision
of his endorsemerit contin-
ues for only the period of
lime requir€d by tlie written
contact or agr€ement, but
tn no event beyond lh€ sx_
piralion date of this Cover-
age Part. lf there is no
wrlttsn contract or aor€e-
m€nt, or if no period ol-timeis required by the writtenconbacl or agresmant, aperson or organization,s
status as an insurBd und€rthis endorsgmsnl ends
when your operations lorhat insured arb completed.
(3) Any insurance provided lo anadditional insurbd desionated
under Paragraph 9.a.(2): -
(a) Subparagraphs (e) and (0
does not aDDlv to "bodilv
injury' or 'prbf eirty damage'"
included wirtiin [he "pr6d-
ucts{ompl6ted operdtions
hazard";
'o' tioJ,T?f':B:: [* li] Ji]'bodity
_ injury", ,'pioperty
damage" or -persohal andadvertislng iijury" arisingout ol the sola neolioence
or willful misconduc't 6f thsadditional insursd or thok
agents, 'employees, or any
othar repredeniative of th6
additional insured; or
(c) Subparagraph (0 doss not
9PPIY to "bodily injury','property damagd. or '.p6r.
sonat and adyertising injiJry'
anstng out or:
1) Defects in desiqn fur_nishod by or on-behalf
companying
containing
products; or
or
such
b) \{hen liabil
cludsd with
ln-
thaItY
IN
GA 233 02 07 'Tjf,:#8,il:.::,fj.,Ti'il,:, ;j j*:iltl.:"
Page 12 ot 15
of the additional in-
suredi or
2) The rendering of, or
lailure to reniler. anvprofesslonal architec'-
h.rral, engineering or
surveying servlc€s, in-
cludlng:
a) The preparing,
approvlng or faiF
ing to prepare orapprove maps,shgp drawings,
op,ntons, reports,
survays, field or_
ders, change or-
ders or drawinos
and specification's;
and
b) Sup€rvlsory, in.spsction, archi-
techJral or snoi-
neering activitiesi
3) "Your work" tor which a
consolidat€d (wrap-up)
msurance program has
been providsd by ths
pnmecontractor_projecl
managsr or owner of
ths constructrbn pro,ectin which you dre -in-
vofued
b. Only with regard to insurance Dro-vided to an additional insured ddsiq.
nated undsr Paragraph g.a.(Z) SuE-
paragraph (t) above. SECTION lll -
UMITS OF iNSUBANCE is smended
to include:
The limits applicable to ths additional
insured are hose specified in hewritten conkact or adreement or inhe Declaralions of -ihis Coveraos
Part, whichever are less. lf no limliar6 specifisd in the wrinen contractot agre€ment, or if hers is no writtsn
conuact or agr€emBnl, he limits aD_plicable to the additjonal insured aiethos6 specifiBd in the Declarations ofthis Cov€rags part. The limits of in_surancs are inclusive ol and nol inaldt0on to the limits of insurance
shown in the Declarations.
c. gEqIqN tv - coMMEBcIAL GEN.ERAT. UABILITY CONDfiON''iS
hereby amendod as follows:
(1) Condition 5. Olher lnaurance isamondsd to includ6:
(a) Where required by a wriflen
contract or agreemsnt, thlsinsuranc€ is primary and /or nonconkibutory as re_
spscts any other insurance
policy lssued to he addi.tional insured, and suchoher insurance policy shall
bs €xcess and / or noncon-
tributing, whichever applies,
wi0r $is lnsurance. '
(b) Any insurance provided bv
thls endorsemant shall b6primary to other insurance
available to he additional
insured excspt:
1) As othanrise providedin SECTION IV
GOMMERCIAL GEN-EBAL UABILIry
CONDITIONS, s. Oher
lnsuranco, b. Excoss
lnsurance;or
2) For any other vatid andcollectible insurance
available to the addi-tional insured as an
additional insured by
attachment of an 6n-
dorsement to another
insuranco policy that is
written on an sxcsssbasis. ln suoh case,h6 covBrage providsd
under this endorse-
m€nt shall also be ex-
ce6s.
(2) Condition 11. Conlormance toSpecilic Written Contracl or
Agre€menl is horeby added:
11. Conlormanco lo SDocWrillen Conlraci
Agrecmenl
ific
OT
\Mth respect to additional
insureds described in para-
graph 9.a.(2)(f) above onty:
ll a written contract oragrsoment between vouand the additional insrired
specifies that covsraos for
the additional insured:-
a. Be providod by tre ln-surance Seryices Ot-fice additional insuredlom numbsr CG 20 10or CG 20 37 (where
edition specified)j or
b. lnclude coverage forcompletsd operatjons:
or
c. lncludg coverao€ for'your work";
and where h6 limits or cov-erage provid€d to he addi-
GA233 02 07 lncludes co_p-yrighted materlal of lnsurance)€rylc6s oflice, lnc., with ils permission.Page 13 ol 15
tional insured is more re-
strictive than was specifi-
cally requlred in that \irrittsn
conlract or agroomont, thet6rms of paraoraohs
e.a.(3xa), g.a.(sxb) ;r i).b.
abovei or any combination
thareof, shall be intomrotedas providing ths tiniits orcovsrage r8qulred by the
terms ol he written coiuactor agreement, but onlv to
the extent thal such limiis orcoverago is included withinthe terms of lhe Coveraos
Part to which this endorsL_
ment is attachod. lt, how-
ever, the written contract or
agr€sment specifies the ln-surance S€rvicos Officeadditional insursd form
number CG 20 10 but does
not speoify which edltion, orspecifies an €dition that
does not exist. paraqraohs
9.1(s)(a) and e.a.(3ftbj otIhis endorsBment ahall'not
apply and paragraph 9.b. ofthis ondorsement shall ap-
Plv.
10, .Broadened Conlractual Uability - WorkWlhin 50' of Railroad Proporty-
It is hereby agreed that ParaqraDh l.{1} of
Definition 12. "lnsured con-traif (SEc-
TION V - DEFINITIONS) is deteted. '
11. Properly Damage lo Bonowed Equip
ment
a. The following is hereby added to Ex-
clusion j. Damage lo Properlv ol
Paragraph 2,, Exclusions bf SEG
NON I. COVERAGES, COVERAGEA BODILY INJURY AND PROP.
EBTY OAIIIAGE LIABIUW:
Paragraphs (3) and (4) of this exclu-
sion do not apply to tools or eouiD-
ment loaned to you, provided ihriv
are not being used lo derform opera:
tions at the time of losi
b. With respect to the insuranc€ oro-vided by this soction of h€ '6n_
dors€msnt, the followlng additional
provrstons apply:
(r) The Limits ot insurance shownin th€ D€claralions are reolaceJby the limits desjsnated ii Ssc.tion B, Limils ol fnsuranc€ 1.t-
of this endorsement with reibecito coveraga provided bv 'this
€ndorsemsnl. These llmits arainclusive of and not ln addition iJths .limits being replaced.- ThJLtmns of lnsuranc€ shown inSection B. Umib o, tneurance,
1 1. ol his €ndorssment fix th6
most we will pay in any one .oc_
cunence. regardless ol the
numb€r ofi
(a) lnsureds;
(b) Clalms made or ,suits,
broughq or
(c) Persons or organizationsmaking claims - or bring
"suits'.
(2) Deduclible Ctause
(a) Our obligation to pay dam_
ages on your behalf aoplies
only to ths amotrnt of dam_
ages for each ,occunence.
which are in sxcsss ol lhe
Deductible amount statsd in
Section B. Limits of lnsur-
ance, 11, of his endorse_rnent. The limits of insur_
ancg wlli not be reducsd bv
ths application of such De-_
ductible amount.
(b) Condition Z. Duties in thoEvenl ol Occurlence, O[.lonse, Claim or Suil. ao_
plies to each claim or ,suil.
lrr€spsclive of lha amount.
(c) We may pay any part or all
of the deductible amount tooffect settlsmsnt of anvclaim or ,suit', and- uooi
notiticaton of the ac'tiontakan, you shall prompfly
retmDurs6 us for such part
of lhe deductible amouni as
has been paid by us.
12. Employ_ees _as lnsureda - Specilied
Heallh Care Services
It is h€reby agreed hat paraoraoh
?..e.(!Id) or sEcTtoN [ - wHo tS ANINSUREO,.does qoJ appty to youi-'em-ployees' who provide !rbfessio-nal healfrcare serytc€s on your behall as duly li_cens€d:
a, Nurses;
b. EmergencyMedicalTechnicians; or
c. Paramedics,
in t:.e jurisdiction whgre an.occunence.or offense to which lhis insuranca ipptiestakes placo.
13, Broadened Nolice of Occurrence
P.aragjaph a. ol Condition 2. Duties inthe. Evgnl of Occurrenco, Oflgnse,Claim or Suit (sECTtoN lv - CofiiiEi:CIAL GENERAL UABIUTY.
.ci,-ilDi.
GA 233 02 07
lnclud€s col_yrighted material ol lnsurancensrvtc€s Ottic€, lnc., with its pemission.Page 1{ ol15
I|9!VS) !l hereby deteted and reptaced
by the following: -
a. Yoq must seo to it that ws are noti-fied as soon as practicable of an'occunence" or an otlense whichmay result in a claim- To hs extent
Possibls, notice should include:
(1) How, when and where tle'oc-
cunence' or otfsnse took place;
(2) The nam€s and addressss olany injured persons and wlt.
nEssss:and
(3) The nature and location of any
iniury or damaqs arisino out o'f
the 'occunence- or otfen-se.
This requkement applies only whsnths 'occu116nce' or'dffense ii known
to an'authorized rspresantative,.
GA 233 02 07 lnclud€s co?_yrighted mat€rlal of lnsuranco
5€rvloes umc€, lnc., Mh its permission.Pag€ 15 o, 15
TH]S ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAR.EFULLY,
CinciPluso
BUSINESS AUTO XC+@
(EXPANDED COVERAGE PLUS)
ENDORSEMENT, WITH POLLUTION LIABILITY
FOR COVERED AUTOS
This endorsement modifies insurance provided by the following
BUSINESS AUTO COVERAGE FORM
With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless
modlfied by this endorsement.
.z A. Blanket Waiver of Subrogation
SECTION IV - BUSINESS AUTO CONDI.
TlOt'lS, A" Loss Conditions, 5. Transfer of
Rights of Recovery Against Othe6 to Us is
amended by the addition of the icllowing:
We walve any rlght of recovery we may have
against any person or organization because of
paln'nents we make tor "bodily injury" or
"property damage" arising out of the operation
of a covered "auto' lvhen you have assumed
liability for such 'bodily injury" or "property
damage" under an "insured contract". provid-
ed the "bodily injury' or 'property damage" oc-
curs subsequent to the execution or the 'in-
sured contract".
B. oncontributorylnsurance
SECTION IV . BUSINESS AUTO COiIDI.
TlOt{S, B. General Conditions, 5. Other ln-
surlnce c. is replaced by the following:
c Regardless of the provisions of par-
?graph a. above, this Coverage
Form's Liability Coverage is primary
and we will not seek contribution
from any other insurance for any lla-bility assumed under an .insured
contract- that requlres liability to be
assumed on a primary noncontributo-
ry basis.
This provision is llmited to the scope of the
valid written contract.
This provision does not apply unless the valid
Mitten contract has been:
1. Executed prior to the accident causing
'bodily injury' or 'property damage"; and
2. ls stlll ln force at the tlme of the 'accident"
causing "bodily injury" or 'property dam-
age'.
Employee Hired Auto
1. Changes in Liability Coverage
The following is added to the Scction ll -
Liatility Coverage, A Coverage, 1.
Who is an lnsured:
An "employee- of yours is an 'insured,,
while operating an "auto. hired or rented
under a contrad or agreement in that
'employee's" name, with your permission,
while performing duties related to the
conduct of your business.
2. Changes ln General Corditions
SECTPN IV. BUSINESS AUTO CON.
DITIONS, B. Generat Conditions, 5.
Oth€r lnsurance is amended by replac-
ing Paragraph S,b. with the follo$iing:'
b. For Hired Auto Physical Damage
Coverage the following are deemed
to be covered 'autos'you own:
(1) Any covered 'auto" you lease,
hire, rent or borrow! and
(2) Any covered 'auto. hired or
rented by your ,,employee under
a contract in that individual ,em-
D.
Additional lnsured by Contract
SECTION II . LIABILITY COVERAGE, A"
Coverage, l. Who is an lnsured is amended
to include as an insured any person or organi-
zation with which you have agreed in a -valid
Mitten contract to provide insurance as is af-
forded by this policy.
AA 292 01 16
lncludes copyrighted material of ISO
Properties, lnc., with its permissjon.Page 1 of 5
ployee's" name, with your per-
mission, while performing duties
related to the conduct of your
business.
However, any "auto' that is leased,
hired. rented or borrowed with a driv-
ef is not a covered "auto,.
E. Audio, Visual and Data Electronlc Equlp-
ment
SECTION III . PHYSICAL DATIAGE COV.
ERAGE C. Limit of lnsurance is amended
by adding the following:
4. The most we will pay for all "loss' to
audlo, visual or data electronic
equipment and any accessories used
with this equipment as a result of any
one 'accident" is the lesser of:
a. The aclual cash value of the
damaged or stolen property as
of the time of the 'accident':
b. The cost of repairing or replac-
ing the damaged or stolen prop-
erty with other property of like
kind and quatity; or
c. $2.500.
Provided the equipment. at the time
of the'loss" is;
a. Permanently installed in or upon
the covered *auto. in a housing,
opening or other location that is
not normally used by the ,'auto,,
manufacturer for the in stallation
of such equipment;
b. Removable from a permanen y
installed housing unit as de_
scribed in Paragraph 2.a. above;
or
c. An integral part of such equip_
ment.
F. Pollution liability Broadened Coverage for
Cover€d Auto6
1. Coverage
a. Section ll - Liability Coverage is
changed as follows:
(1) Paragraph a. of the .pollutant.
Exctusion (Section ll - Liability
Coverage, B. Exclusions) ap-pties only to tiabitity assumed
under a contract or agreement.
(2) With respect to the coverage af-forded !y paragraph -a.(1)
above, Exclusion 8.6. Care,
Cu$ody, or Control does not
appty.
2. Limit of lnsurance
a. The Per'Accident" Limit is $25,000.
The Per "Accident" Limit is the most
we will pay for the total of alt damag-
es and 'covered pollution cost or ex-
pense'resulting from any one "acci-
dent" cover€d by ths endorsement.
subject to the limit for pollution Lia-
bility Broadened Coverage. the most
we will pay for all 'bodily injury,,
'property damage' and "covered pol-
lution co$ or expense" combined,
resulting from any one .accident,,, is
the Limit of lnsurance for Liabitity
Coverage shown in the Declarations.
b. The Aggregate Limit is $25,000. The
Aggregate Limit is the most we will
pay for the sum of all damages and
'covered pollution cost or expense*
involving insurance provided by this
endorsement. The Aggregate Limit
applies separately to each consecu-
live annual period and to any remain-
ing period of less than '12 months,
starting with the b€ginning of the pol-
lcy Period shown in the Declarations,
unless the Policy Period is extended
afier lssuance for an additional peri-
od of less than 12 months. ln that
case. the additional period wi be
deemed part of the last preceding pe-
riod for purposes of determlning the
Aggregate Limit.
3, Prop€rty Damage Liability Deductible
The 'Property Damage' and .Covered
Pollution Cost or Expense. Liability Cov-
erage Deductible is $500. The damages
that rrculd othenvise be payable under
Section ll - Liabiligr Coverage for 'prop-
erty damage" and "covered pollution cost
or expense" caused by any one "acci_
dent" will be reduced by the .property
Damage" and 'Covered pollution Cost or
Expense' Liability Coverage Deductible
prior to the application of the Limit of ln_
surance provision.
4. Our Right to Reimbursement
To settle any claim or .suit,, we will pay altor any part of any deductible shown in
this endorsement. you must reimburse us
for the deductible or the part ot any de_
ductible we paid.
AA 292 01 16
lncludes copyrighted materiat of ISO
Properties. Inc.. wlth its permissjon.Page 2 of 5
5. Definitions
Sectlon V - Detinitions, D. "covered pol
lution cost or expense' is deleted in its
entirety and replaced by the following:
D. 'Covered pollution cost or expense"
means any cost or expense arising
out of:
1. Any request, demand, order or
statutory or regulatory require-
ment that any 'insured' or others
tesl for, monltor. clean up. re-
move, contain, treat, detoxity or
neutralize, or in any way re-
spond to, or assess the effects
of 'pollutants"; or
2. Any claim or 'suif by or on be-
half of a governmental authority
for damages because of testing
for. monitoring. cleaning up, re-
moving, containing, treating, de-
toxi9ing or neutralizing, or ln
any way responding to or as-
sessing the effects of 'pollu-
ta nts".
"Covered pollution cost or expense' does
not include any cost or expense arising
out of the actual, alleged or threatened
discharge, dispersal, seepage, mlgration,
release. escape or emission of 'pollu-
tants':
a, Before the 'pollutants'or any proper-
ty in which the 'pollutants' are con-
lalned are moved from the covered
'auto" to the place where they are fi-
nally delivered, disposed of or aban-
doned by the 'insured'.
b, After the 'pollutants" or any property
in which the 'pollutants" are con-
tained are moved from the covered
'auto" to the place where they are fi-
nally delivered, disposed of or aban-
doned by the 'insured'.
Paragraphs a, and b. above do not
apply to .accidents'that occur away
from premises owned by or rented t6an 'insured' Wth respect to ,,pollu-
tants" not in or upon a covered ,au-
to", if:
(1) The "pollutants' or any property
in which the 'pollutants,' are con-
tained are upset, overturned or
damaged as a result of the
maintenance or use of a covered
'auto"; and
(2) The discharge, dtspersat, seep_
age, migration, release, escape
or emission of the ,,pollutants,' is
caused directly by such upset,
overturn or damage.
G. Who is an lnsured - Amended
SECTION II - LIABILIry COVERAGE, A"
Coveragg 1. Who is an lnsured is amended
by adding the following:
The following are 'insureds":
1. Any subsidiary which is a legalty incorpo-
rated entity of which you own a financial
interest of more than 500/0 of the voting
stock on the effective date of this cover,
age form.
However, the insurance afforded by this
provision does not apply to any subsidiary
that ls an 'insured- under any other au-
tomobile liability policy, or rrould be an
'insured' under such policy but for termi-
nation of such policy or the exhaustion of
such poljcys limits of insurance.
2. Any organization that is newly acquired or
formed by you and over which you main-
tain majority omership. The insurance
provided by this provision:
a. ls effective on the date of acquisltion
or formation. and is afforded for 180
days afrer such date:
b. Does not apply to 'bodily injury' or
'property damage' resulting from an
'accident" that occurred before you
acquired or formed the organization;
c. Does not apply to any newly acquired
or formed organization that is a joint
venture or partnership: and
d. Does not apply to an insured under
any other automobile tiability poticy,
or uould be an insured under such a
policy but for the termination of such
policy or the exhaustion of such poli-
cys limits of insurance.
3. Any of your 'employees' white using a
covered 'auto' in your business or your
personal atfairs, provided you do not own,
hire or borrow that "auto,.
H. Uabilig Coverage Extensions - Supple-
mer ary Paynr€nts - Hlgher Limits
SECTION II . LIABIL]rY COVERAGE, A.
Coveragg 2. Coverage Extensions, a. Sup-
plementary Payments is amended by:
1. Replacing the $2,000 Lim[ of lnsurance
for bail bonds with $4,000 in (2): and
2. Replacing the $250 Limit of lnsurance for
reasonabte expenses with gS00 in (4).
AA 292 01 16
lncludes copyrighted material of tSO
Properties. lnc., with its permission.Page 3 of 5
t.Amended Fellow Employee Exclusion
SECTION ll - LIABILITY COVERAGE, B. Ex-
clusions, 5. Fellow Employee is modrfied as
tollows.
Exclusion 5. Fellow Employee is deleted.
Hired Auto - Ph)6ical Damage
a. The number of days reasonabty re-
quired to repair the covered ',auto". lf
'loss. is caused by theft. this number
of days is added to the number of
days it takes to locate the covered
'auto" and return it to you; or
b. 30 days.
3. Our payment is limited to the lesser of the
following amounts:
a. Necessary and actual expenses in-
cured: or
b. $50 per day.
4. This coverage does not apply while there
are spare or reserye .autos" available to
you for your operations.
5. We will pay under this coverage only that
amount of your rental reimburs€ment ex-
penses which ls not already provided for
under SECTION - pHyStCAL DAM-AGE COVERAGE, A" Coverage, 4.
Coverage Extensions.
Transportation Expense - Higher Limits
SECTION III . PHYSICAL DAMAGE COV.
ERAGE, A" Coverage, 4. Coverage Exten-
sions, is amended by replacing S20 per daywith $50 per day. and $600 maximum with
$1.500 maximum in Extension a. Transpor-tatbn Expens€s.
Alrbag Coverage
SECTION III . PHYSICAL DAHAGE COV-EBIGEI B: Exclusions, 3.a. is amended by
adding the ,ollowing:
However, the mechanical and electrical
breakdown portion of this exclusion does not
apply to the accidental discharge of an airbag.
This cov€rage for airbags is e-xcess over any
other collectible insurance or warranty.
Loan or Lease Gap Coverage
1. SECTIOI{ III - PHYSICAL DAMAGE
COVERAGE, C. Limit of lnsurance is
deleted in its entirety and reptaced by the
following, b-ut only for private passenger
type "autos'with an original loan or leale.
and only in the event of a ,total loss,, to
such a private passenger type.auto,:
a. The most we will pay for ',loss,, in any
one "accident. is the greater of:
(1) The amount due under the termsof the lease or loan to which
your.covered private passenger
type 'auto" is subject. but wiltiot
include:
J.
lf hired "autos" are covered 'autos. for Liability
Coverage. then Comprehensive and Collision
Physical Damage Coverages as provided un-der SECTION III . PHYSICAL DAMAGE
COVERAGE of this Coverage Part are ex-
tended to "autos' you hire. subject to the fol-
Iowing:
1. The mosl we Wll pay for .loss. to any
hired 'auto" is $50.000 or the actuat cash
value or cost to repair or replace, which_
ever is the least. minus a deductible.
2. The deductibte wi be equat to the largest
deductible applicable to iny owned ,,a-uto',
lor that coverage. or $1,000. whichever is
less.
3. Hired Auto - Ph)6ical Damage coverage
rs excess over any other collectible insur_
ance.
4. Subject to the above limit, deductible. and
excess provisions we will provide cover-
age equal to the broadest coverage appli_
cable to any covered "auto,, you own un-
der this policy.
Coverage includes loss of use of that hired au-to, provided it results from an "accident. for
which you are legally liable and as a result of
which a monetary loss is sustained by the
leasing or rental concern. The most wb willpay for any one ',accident,, is $3.000.
lf a limit for Hired Auto - physicat Damage is
shown in the Schedule, then that timit re"ptac-
es, and is not added to, the $50,000 limit ind!
cated above.
Rental Reimbursement
SECTION III . PHYSICAL DAHAGE iSamended by adding the following:
1. We will pay for rental reimbursement ex-penses incurred by you for the rental of
an 'auto' because of a .loss' to a covered"auto". Payment applies in addition to the
otherwise applicable amount of each cov-
erage you have on a covered "auto". No
deductjble applies to thls coverage.
2. We will pay only for lhose expenses in-cun€d during the policy period beginning
24 hours after the .loss- and ending. relgardless of the poticys expiration,'withtne tesser of the following number ofoays:
L.
M.
N
K.
AA 292 01 16
lncludes copyrighted material of ISOProperties, lnc.. with its permission.Page 4 of 5
(a) Overdue lease or loan pay-
ments;
(b) Financial penalties imposed
under the lease due to high
mileage. excessive use or
abnormal wear and tear;
(c) Security deposits not re-
funded by the lessor;
(d) Costs for extended warran-
ties, Credit Life ln surance.
Health. Accident or Disabll-ity lnsurance purchased
with the loan or lease; and
(e) Carry-over balances from
previous loans or leases, or
(2) Actual cash value of the stolen
or damaged property.
b. An adjustment for depreclation and
physical condition will be made in de-
termining actual cash value at the
time of "loss'.
2. SECTION V - DEFll,llTlONS is amended
by adding the following, but onty tor the
purposes of this Loan or Le6e Gap
Coverage:
'Total loss' means a 'loss" in which the
cost of repairs plus the salvage value ex-
ceeds the actual cash value.
O. Glass Repair - Waiver of Huctible
SECTION III - PHYSICAL DA AGE COV-
ERAGE, D. Deductible is amended by adding
the following:
No deductible applies to gtass damage if the
glass is repaired in a manner acceptable to us
rather than replaced.
P. Duties in the Event of an Accident, Claim,
Suit or Loss - Am€nded
sEcTtoN tv - BusttitEss AUTO CONDT-
TlOt{S, A. Loss Conditions, 2. Duties in the
Event of Accident, Claim, Suit or Loss, a. is
amended by adding the following:
This condition applies only when the 'acci-
dent'or'loss" is known to:
1. You, if you are an individual;
2. A partner. if youarea partnership:
3. An executive officer or insurance manag-
er. if you are a corporation; or
4. A member or manager, lf you are a lim-
ited liability company.
Q. Unintentional Failure to Disclose Hazards
SECTON IV - BUSINESS AUTO CONDI.
flONS, B. General Conditions, 2. Conceal-ment, Uisr€presentation or Fraud is
amended by adding the followng:
However, lf you unintentionally fail to disclose
any hazards existing on the effective date of
this Coverage Form, we will not deny cover-
age under this Coverage Form becaus€ of
such failure.
R. Mental Anguish Resulting from Bodily lnju-
ry
SECT|ON V - DEFINITIOI{S, C. "Bodtty inju-r!/' is deleted in its entirety and replaaed'by
the following:
-Bodily iniury" means bodily injury. slckness or
disease su$ained by a person. including men-
tal anguish and death sustained by the same
person that results from such bodily injury,
sickness or disease. 'Bodity in1ury' does not
include mental anguish or Oeatti iat does not
result tom bodily injury. sickness or disease.
S. Coverage for Certain Opemtions in Con-
n€ction yvith Railroads
With respect to the use of a covered ,,auto,, in
operations for or affecting a railroad:
1. Section V - Definitions, H. 'lnsured con-
tract", 1.c. is amended to read:
c. An easement or license agreement;
2. Section V - Definitions, H. 'lnsured con-
tract", 2.a. is deleted.
AA 292 01 16
lncludes copyrighted material of ISO
Properties, lnc., with ils permission.Page 5 of 5
AD AlaskaNational
INSURANCE COMPANY
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
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. (This agreement
applies only to the extent that you perform work under
a written contract that requires you to obtain this
agreement from us.)
This agreement shall not operate directly or indirec y
to benefit any one not named in the Schedule.
SCHEDULE
Any person or organization for whom the Insured
has agreed by written contract to furnish this
waiver.
This endorsement changes the policy to which it is attached and, unless otherwise stated, is effective on the dateissued at 12:0'l A.M. standard time at your mailing address shown in the policy. The information below is requiredonly when this endorsement is issued subsequent to commencement ofthe policy.
Endorsement Effective 4-1 -20.1 7
lnsured Dahle Construction lnc.
Countersigned By
Policy No. 'l6D WS 't0523
Endorsement No
wc 00 03 13 (04 84)
Bernie Raven Paynewest lnsurance lnc